I 

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. 

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 ‘‘Chesapeake Bay State 

5 and Local Backstop Limitation Act of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) CHESAPEAKE BAY STATE.—The term 

5 ‘‘Chesapeake Bay State’’ means any one of the 

6 States of Delaware, Maryland, New York, Pennsyl7 vania, Virginia, or West Virginia, or the District of 

8 Columbia. 

9 (3) 2010 CHESAPEAKE BAY TMDL.—The term 

10 ‘‘2010 Chesapeake Bay TMDL’’ means the total 

11 maximum daily load for nitrogen, phosphorus, and 

12 sediment for the Chesapeake Bay and its tidal tribu13 taries established by the Administrator on December 

14 29, 2010, and noticed at 76 Fed. Reg. 549 (January 

15 5, 2011). 

16 SEC. 3. LIMITATIONS ON ADMINISTRATOR REGARDING 

17 CERTAIN ACTIONS IN THE CHESAPEAKE BAY 

18 WATERSHED. 

19 (a) EXISTING PERMITS.—In the case of a point 

20 source in the Chesapeake Bay watershed for which the Ad21 ministrator (or a State) has issued a permit under section 

22 402 of the Federal Water Pollution Control Act (33 

23 U.S.C. 1342) before the date of enactment of this Act, 

24 the Administrator may not modify the permit to require 


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1 additional reductions in discharges of nitrogen, phos2 phorus, or sediment. 

3 (b) NEW PERMITS AND PERMIT RENEWALS.—In the 

4 case of a point source in the Chesapeake Bay watershed 

5 for which the Administrator requires a permit to be issued 

6 or renewed under section 402 of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1342) on or after the date 

8 of enactment of this Act, the Administrator, for purposes 

9 of compensating for any lack of progress in the State to10 ward meeting the water quality goals established for the 

11 State in the 2010 Chesapeake Bay TMDL, may not re12 quire under such permit lower levels of discharges of nitro13 gen, phosphorus, and sediment from such point source 

14 than would otherwise be required if sufficient progress to15 ward meeting such goals was being made. 

16 (c) STORMWATER.— 

17 (1) INDUSTRIAL ACTIVITY.—For purposes of 

18 application in the Chesapeake Bay watershed, the 

19 Administrator may not revise the definition of 

20 ‘‘storm water discharge associated with industrial 

21 activity’’ contained in section 122.26 of title 40, 

22 Code of Federal Regulations, as in effect on the date 

23 of enactment of this Act. 

24 (2) LIMITATION ON NEW PERMITS.—The Ad25 ministrator may not require a permit under section 


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1 402(p)(2)(E) of the Federal Water Pollution Control 

2 Act (33 U.S.C. 1342(p)(2)(E)) for a discharge of 

3 stormwater in the Chesapeake Bay watershed, from 

4 a municipal separate storm sewer system or associ5 ated with an industrial activity, for which a permit 

6 has not been issued under section 402(p) of such 

7 Act (33 U.S.C. 1342(p)) before the date of enact8 ment of this Act. 

9 (d) ANIMAL FEEDING OPERATIONS.—For purposes 

10 of application in the Chesapeake Bay watershed, the Ad11 ministrator may not revise the definition of ‘‘concentrated 

12 animal feeding operation’’ contained in section 122.23 of 

13 title 40, Code of Federal Regulations, as in effect on the 

14 date of enactment of this Act. 

15 (e) 2010 CHESAPEAKE BAY TMDL.—Before the 

16 date on which all of the nitrogen, phosphorus, and sedi17 ment total maximum daily loads established in the 2010 

18 Chesapeake Bay TMDL are met, the Administrator may 

19 not— 

20 (1) revise the 2010 Chesapeake Bay TMDL— 

21 (A) to establish more specific or finer scale 

22 wasteload or load allocations, including for 

23 nonpoint sources or any individual point source; 

24 or 


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1 (B) to require additional reductions in 

2 loadings from point sources, including through 

3 reallocating additional load reductions of nitro4 gen, phosphorus, or sediment from nonpoint 

5 sources to point sources; or 

6 (2) issue or enforce any regulations regarding 

7 nitrogen, phosphorus, or sediment for any navigable 

8 waters within the Chesapeake Bay watershed in a 

9 Chesapeake Bay State, other than the 2010 Chesa10 peake Bay TMDL, unless the chief executive of the 

11 State submits to the Administrator a statement of 

12 approval of the regulation. 

13 SEC. 4. TREATMENT OF GRANTS. 

14 The Administrator or the Secretary of Agriculture 

15 may not condition, withhold, or redirect any grant related 

16 to water quality in a Chesapeake Bay State under the 

17 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

18 seq.) or the Food Security Act of 1985 (16 U.S.C. 3801 

19 et seq.), respectively, because the Chesapeake Bay State 

20 does not meet the water quality goals established for the 

21 State in the 2010 Chesapeake Bay TMDL, unless— 

22 (1) the Administrator or the Secretary, as ap23 plicable, has offered technical assistance to the State 

24 to assist the State in meeting such water quality 

25 goals; and 


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1 (2) after allowing for sufficient time for the 

2 State to benefit from such technical assistance, the 

3 State has failed to show reasonable progress toward 

4 achieving such water quality goals, as determined by 

5 the Administrator or the Secretary, as applicable. 

Æ 


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