[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4337 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4337

   To limit the authority of the Administrator of the Environmental 
 Protection Agency to implement certain actions related to Chesapeake 
    Bay watershed total maximum daily loads, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2012

 Mr. Reed (for himself and Ms. Hochul) introduced the following bill; 
       which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To limit the authority of the Administrator of the Environmental 
 Protection Agency to implement certain actions related to Chesapeake 
    Bay watershed total maximum daily loads, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Bay State and Local 
Backstop Limitation Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Chesapeake bay state.--The term ``Chesapeake Bay 
        State'' means any one of the States of Delaware, Maryland, New 
        York, Pennsylvania, Virginia, or West Virginia, or the District 
        of Columbia.
            (3) 2010 chesapeake bay tmdl.--The term ``2010 Chesapeake 
        Bay TMDL'' means the total maximum daily load for nitrogen, 
        phosphorus, and sediment for the Chesapeake Bay and its tidal 
        tributaries established by the Administrator on December 29, 
        2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011).

SEC. 3. LIMITATIONS ON ADMINISTRATOR REGARDING CERTAIN ACTIONS IN THE 
              CHESAPEAKE BAY WATERSHED.

    (a) Existing Permits.--In the case of a point source in the 
Chesapeake Bay watershed for which the Administrator (or a State) has 
issued a permit under section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) before the date of enactment of this Act, 
the Administrator may not modify the permit to require additional 
reductions in discharges of nitrogen, phosphorus, or sediment.
    (b) New Permits and Permit Renewals.--In the case of a point source 
in the Chesapeake Bay watershed for which the Administrator requires a 
permit to be issued or renewed under section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) on or after the date of 
enactment of this Act, the Administrator, for purposes of compensating 
for any lack of progress in the State toward meeting the water quality 
goals established for the State in the 2010 Chesapeake Bay TMDL, may 
not require under such permit lower levels of discharges of nitrogen, 
phosphorus, and sediment from such point source than would otherwise be 
required if sufficient progress toward meeting such goals was being 
made.
    (c) Stormwater.--
            (1) Industrial activity.--For purposes of application in 
        the Chesapeake Bay watershed, the Administrator may not revise 
        the definition of ``storm water discharge associated with 
        industrial activity'' contained in section 122.26 of title 40, 
        Code of Federal Regulations, as in effect on the date of 
        enactment of this Act.
            (2) Limitation on new permits.--The Administrator may not 
        require a permit under section 402(p)(2)(E) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1342(p)(2)(E)) for a 
        discharge of stormwater in the Chesapeake Bay watershed, from a 
        municipal separate storm sewer system or associated with an 
        industrial activity, for which a permit has not been issued 
        under section 402(p) of such Act (33 U.S.C. 1342(p)) before the 
        date of enactment of this Act.
    (d) Animal Feeding Operations.--For purposes of application in the 
Chesapeake Bay watershed, the Administrator may not revise the 
definition of ``concentrated animal feeding operation'' contained in 
section 122.23 of title 40, Code of Federal Regulations, as in effect 
on the date of enactment of this Act.
    (e) 2010 Chesapeake Bay TMDL.--Before the date on which all of the 
nitrogen, phosphorus, and sediment total maximum daily loads 
established in the 2010 Chesapeake Bay TMDL are met, the Administrator 
may not--
            (1) revise the 2010 Chesapeake Bay TMDL--
                    (A) to establish more specific or finer scale 
                wasteload or load allocations, including for nonpoint 
                sources or any individual point source; or
                    (B) to require additional reductions in loadings 
                from point sources, including through reallocating 
                additional load reductions of nitrogen, phosphorus, or 
                sediment from nonpoint sources to point sources; or
            (2) issue or enforce any regulations regarding nitrogen, 
        phosphorus, or sediment for any navigable waters within the 
        Chesapeake Bay watershed in a Chesapeake Bay State, other than 
        the 2010 Chesapeake Bay TMDL, unless the chief executive of the 
        State submits to the Administrator a statement of approval of 
        the regulation.

SEC. 4. TREATMENT OF GRANTS.

    The Administrator or the Secretary of Agriculture may not 
condition, withhold, or redirect any grant related to water quality in 
a Chesapeake Bay State under the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) or the Food Security Act of 1985 (16 U.S.C. 
3801 et seq.), respectively, because the Chesapeake Bay State does not 
meet the water quality goals established for the State in the 2010 
Chesapeake Bay TMDL, unless--
            (1) the Administrator or the Secretary, as applicable, has 
        offered technical assistance to the State to assist the State 
        in meeting such water quality goals; and
            (2) after allowing for sufficient time for the State to 
        benefit from such technical assistance, the State has failed to 
        show reasonable progress toward achieving such water quality 
        goals, as determined by the Administrator or the Secretary, as 
        applicable.
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