I 112th CONGRESS 2d Session H. R. 4337 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.

1.

Short title

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

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).

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.

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.