I 

112TH CONGRESS 

2D SESSION H. R. 3856 

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 HOUSE OF REPRESENTATIVES 

JANUARY 31, 2012 

Mr. SOUTHERLAND (for himself, Mr. ROSS of Florida, Mr. RIVERA, Mr. 

WEST, Mrs. ADAMS, Mr. MILLER of Florida, Mr. ROONEY, Mr. 

BUCHANAN, and Mr. WEBSTER) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Waters Partner5 ship Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Environmental Protection Agency has 

2 repeatedly described the State of Florida as having 

3 some of the most progressive nutrient management 

4 strategies in the Nation. 

5 (2) The Environmental Protection Agency 

6 agrees with Florida that the Federal Water Pollu7 tion Control Act envisions that States have the pri8 mary role in establishing and implementing water 

9 quality standards for their waters. 

10 (3) The Environmental Protection Agency has 

11 repeatedly referenced its desire to work cooperatively 

12 with States in the development and implementation 

13 of numeric nutrient criteria. 

14 (4) The Environmental Protection Agency has 

15 stated that upon approval of Florida’s numeric nu16 trient criteria, the Administrator will promptly ini17 tiate rulemaking to repeal federally promulgated nu18 meric nutrient criteria. 

19 (5) The Florida Environmental Regulation 

20 Commission, on December 8, 2011, adopted numeric 

21 nutrient criteria for Florida’s fresh water bodies and 

22 estuary systems, which included a firm regulatory 

23 schedule for adoption of additional marine criteria. 

24 (6) The Environmental Protection Agency has 

25 stated that if Florida adopts, and the Administrator 


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1 approves, numeric nutrient criteria for any waters 

2 for which the Environmental Protection Agency has 

3 not yet proposed or promulgated Federal numeric 

4 nutrient criteria, the Environmental Protection 

5 Agency will not propose or promulgate cor6 responding Federal numeric nutrient criteria. 

7 SEC. 3. SENSE OF CONGRESS. 

8 It is the sense of Congress that the Administrator 

9 should take into account the effect of numeric nutrient 

10 criteria on the economy, job creation, consumers, munici11 palities, agriculture, small business, and other affected 

12 sectors, using State data, information, and independent 

13 studies to ensure to accountability, and that the Adminis14 trator should not promulgate or enforce any numeric nu15 trient criteria that would result in a negative economic im16 pact of 15 percent or higher on any such sector. 

17 SEC. 4. NUMERIC NUTRIENT CRITERIA. 

18 The Administrator may not propose, promulgate, or 

19 enforce any numeric nutrient criteria for any streams, 

20 lakes, springs, canals, estuaries, or marine waters of the 

21 State of Florida, until the Administrator makes a final 

22 determination in accordance with section 303(c) of the 

23 Federal Water Pollution Control Act (33 U.S.C. 1313(c)) 

24 regarding the Florida amended rule. If the Administrator 

25 determines under such section that the Florida amended 


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1 rule meets the requirements of the Federal Water Pollu2 tion Control Act, then the Administrator may not enforce, 

3 and shall withdraw, section 131.43 of title 40, Code of 

4 Federal Regulations, in its entirety and may not propose 

5 or promulgate any numeric nutrient criteria for any 

6 streams, lakes, springs, canals, estuaries, or marine waters 

7 of the State of Florida based on the January 14, 2009, 

8 determination. 

9 SEC. 5. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency. 

14 (2) FLORIDA AMENDED RULE.—The term 

15 ‘‘Florida amended rule’’ means chapters 62–302 and 

16 62–303 of the Florida Administrative Code, as ap17 proved for adoption by the Florida Environmental 

18 Regulation Commission on December 8, 2011, and 

19 submitted on December 9, 2011, to the Florida Leg20 islature for ratification. 

21 (3) JANUARY 14, 2009, DETERMINATION.—The 

22 term ‘‘January 14, 2009, determination’’ means the 

23 determination issued by the Environmental Protec24 tion Agency on January 14, 2009, under section 

25 303(c)(4)(B) of the Federal Water Pollution Control 


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1 Act, regarding numeric nutrient criteria for the 

2 State of Florida. 

3 (4) NUMERIC NUTRIENT CRITERIA.—The term 

4 ‘‘numeric nutrient criteria’’ means specific numerical 

5 criteria for any species of nitrogen or phosphorus de6 veloped to meet the water quality requirements of 

7 section 303 of the Federal Water Pollution Control 

8 Act (33 U.S.C. 1313). 

Æ 


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