[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2115 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2115

   To limit the authority of the Administrator of the Environmental 
 Protection Agency with respect to certain numeric nutrient criteria, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2012

   Mr. Rubio introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To limit the authority of the Administrator of the Environmental 
 Protection Agency with respect to certain numeric nutrient criteria, 
                        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 ``State Waters Partnership Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Environmental Protection Agency has repeatedly 
        described the State of Florida as having some of the most 
        progressive nutrient management strategies in the United 
        States;
            (2) the Environmental Protection Agency agrees with the 
        State of Florida that the Federal Water Pollution Control Act 
        (33 U.S.C. 1251 et seq.) envisions that States have the primary 
        role in establishing and implementing water quality standards 
        for State water;
            (3) the Environmental Protection Agency has repeatedly 
        referenced a desire to work cooperatively with States in the 
        development and implementation of numeric nutrient criteria;
            (4) the Environmental Protection Agency has stated that, 
        upon approval of numeric nutrient criteria by the State of 
        Florida, the Administrator will promptly initiate a rulemaking 
        to repeal federally promulgated numeric nutrient criteria;
            (5) on December 8, 2011, the Florida Environmental 
        Regulation Commission adopted numeric nutrient criteria for 
        fresh water bodies and estuary systems of the State of Florida, 
        which included a firm regulatory schedule for adoption of 
        additional marine criteria; and
            (6) the Environmental Protection Agency has stated that, if 
        the State of Florida adopts, and the Administrator approves, 
        numeric nutrient criteria for any water for which the 
        Environmental Protection Agency has not yet proposed or 
        promulgated Federal numeric nutrient criteria, the 
        Environmental Protection Agency will not propose or promulgate 
        corresponding Federal numeric nutrient criteria.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Florida amended rule.--The term ``Florida amended 
        rule'' means chapters 62-302 and 62-303 of the Florida 
        Administrative Code, as approved for adoption by the Florida 
        Environmental Regulation Commission on December 8, 2011, and 
        submitted on December 9, 2011, to the Florida Legislature for 
        ratification.
            (3) January 14, 2009, determination.--The term ``January 
        14, 2009, determination'' means the determination issued by the 
        Administrator on January 14, 2009, under section 303(c)(4)(B) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1313(c)(4)(B)), regarding numeric nutrient criteria for the 
        State of Florida.
            (4) Numeric nutrient criteria.--The term ``numeric nutrient 
        criteria'' means specific numerical criteria for any species of 
        nitrogen or phosphorus developed to meet the water quality 
        requirements of section 303 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1313).

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that the Administrator should--
            (1) take into account the effect of numeric nutrient 
        criteria on the economy, job creation, consumers, 
        municipalities, agriculture, small business, and other affected 
        sectors, using State data, information, and independent studies 
        to ensure accountability; and
            (2) not promulgate or enforce any numeric nutrient criteria 
        that would result in a negative economic impact of 15 percent 
        or higher on any such sector.

SEC. 5. NUMERIC NUTRIENT CRITERIA.

    (a) In General.--The Administrator shall not propose, promulgate, 
or enforce any numeric nutrient criteria for any stream, lake, spring, 
canal, estuary, or marine water of the State of Florida, until the 
Administrator makes a final determination in accordance with section 
303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)) 
regarding the Florida amended rule.
    (b) Withdrawal of Regulations.--If the Administrator determines 
under section 303(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)) that the Florida amended rule meets the requirements of 
that Act (33 U.S.C. 1251 et seq.)--
            (1) the Administrator shall not enforce, and shall 
        withdraw, section 131.43 of title 40, Code of Federal 
        Regulations (or a successor regulation), in its entirety; and
            (2) shall not propose or promulgate any numeric nutrient 
        criteria for any stream, lake, spring, canal, estuary, or 
        marine water of the State of Florida based on the January 14, 
        2009, determination.
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