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 water-
shed 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 subse-
quently 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 Environ-
mental Protection Agency to implement certain actions 
related to Chesapeake Bay watershed total maximum 
daily loads, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chesapeake Bay State 
and Local Backstop Limitation Act of 2012’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CHESAPEAKE
BAY
STATE.—The term 
‘‘Chesapeake Bay State’’ means any one of the 
States of Delaware, Maryland, New York, Pennsyl-
vania, 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 tribu-
taries established by the Administrator on December 
29, 2010, and noticed at 76 Fed. Reg. 549 (January 
5, 2011). 
SEC. 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 Ad-
ministrator (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 
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additional reductions in discharges of nitrogen, phos-
phorus, 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 Pollu-
tion 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 to-
ward meeting the water quality goals established for the 
State in the 2010 Chesapeake Bay TMDL, may not re-
quire under such permit lower levels of discharges of nitro-
gen, phosphorus, and sediment from such point source 
than would otherwise be required if sufficient progress to-
ward 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 Ad-
ministrator may not require a permit under section 
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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 associ-
ated 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 enact-
ment of this Act. 
(d) ANIMAL FEEDING OPERATIONS.—For purposes 
of application in the Chesapeake Bay watershed, the Ad-
ministrator 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 sedi-
ment 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 
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(B) to require additional reductions in 
loadings from point sources, including through 
reallocating additional load reductions of nitro-
gen, 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 Chesa-
peake Bay TMDL, unless the chief executive of the 
State submits to the Administrator a statement of 
approval of the regulation. 
SEC. 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 ap-
plicable, has offered technical assistance to the State 
to assist the State in meeting such water quality 
goals; and 
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(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. 
Æ 
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