II 

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. 

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 that— 

8 (1) the Environmental Protection Agency has 

9 repeatedly described the State of Florida as having 


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1 some of the most progressive nutrient management 

2 strategies in the United States; 

3 (2) the Environmental Protection Agency 

4 agrees with the State of Florida that the Federal 

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

6 seq.) envisions that States have the primary role in 

7 establishing and implementing water quality stand8 ards for State water; 

9 (3) the Environmental Protection Agency has 

10 repeatedly referenced a desire to work cooperatively 

11 with States in the development and implementation 

12 of numeric nutrient criteria; 

13 (4) the Environmental Protection Agency has 

14 stated that, upon approval of numeric nutrient cri15 teria by the State of Florida, the Administrator will 

16 promptly initiate a rulemaking to repeal federally 

17 promulgated numeric nutrient criteria; 

18 (5) on December 8, 2011, the Florida Environ19 mental Regulation Commission adopted numeric nu20 trient criteria for fresh water bodies and estuary 

21 systems of the State of Florida, which included a 

22 firm regulatory schedule for adoption of additional 

23 marine criteria; and 

24 (6) the Environmental Protection Agency has 

25 stated that, if the State of Florida adopts, and the 


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1 Administrator approves, numeric nutrient criteria 

2 for any water for which the Environmental Protec3 tion Agency has not yet proposed or promulgated 

4 Federal numeric nutrient criteria, the Environ5 mental Protection Agency will not propose or pro6 mulgate corresponding Federal numeric nutrient cri7 teria. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (2) FLORIDA AMENDED RULE.—The term 

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

15 62–303 of the Florida Administrative Code, as ap16 proved for adoption by the Florida Environmental 

17 Regulation Commission on December 8, 2011, and 

18 submitted on December 9, 2011, to the Florida Leg19 islature for ratification. 

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

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

22 determination issued by the Administrator on Janu23 ary 14, 2009, under section 303(c)(4)(B) of the 

24 Federal Water Pollution Control Act (33 U.S.C. 


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1 1313(c)(4)(B)), regarding numeric nutrient criteria 

2 for the 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). 

9 SEC. 4. SENSE OF CONGRESS. 

10 It is the sense of Congress that the Administrator 

11 should— 

12 (1) take into account the effect of numeric nu13 trient criteria on the economy, job creation, con14 sumers, municipalities, agriculture, small business, 

15 and other affected sectors, using State data, infor16 mation, and independent studies to ensure account17 ability; and 

18 (2) not promulgate or enforce any numeric nu19 trient criteria that would result in a negative eco20 nomic impact of 15 percent or higher on any such 

21 sector. 

22 SEC. 5. NUMERIC NUTRIENT CRITERIA. 

23 (a) IN GENERAL.—The Administrator shall not pro24 pose, promulgate, or enforce any numeric nutrient criteria 

25 for any stream, lake, spring, canal, estuary, or marine 


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1 water of the State of Florida, until the Administrator 

2 makes a final determination in accordance with section 

3 303(c) of the Federal Water Pollution Control Act (33 

4 U.S.C. 1313(c)) regarding the Florida amended rule. 

5 (b) WITHDRAWAL OF REGULATIONS.—If the Admin6 istrator determines under section 303(c) of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1313(c)) that the 

8 Florida amended rule meets the requirements of that Act 

9 (33 U.S.C. 1251 et seq.)— 

10 (1) the Administrator shall not enforce, and 

11 shall withdraw, section 131.43 of title 40, Code of 

12 Federal Regulations (or a successor regulation), in 

13 its entirety; and 

14 (2) shall not propose or promulgate any nu15 meric nutrient criteria for any stream, lake, spring, 

16 canal, estuary, or marine water of the State of Flor17 ida based on the January 14, 2009, determination. 

Æ 


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