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 Environ-
mental Protection Agency with respect to certain numeric 
nutrient criteria, 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 ‘‘State Waters Partner-
ship Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Mar 15 2010 
05:24 Feb 01, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3856.IH
H3856
smartinez on DSK6TPTVN1PROD with BILLS
(1) The Environmental Protection Agency has 
repeatedly described the State of Florida as having 
some of the most progressive nutrient management 
strategies in the Nation. 
(2) The Environmental Protection Agency 
agrees with Florida that the Federal Water Pollu-
tion Control Act envisions that States have the pri-
mary role in establishing and implementing water 
quality standards for their waters. 
(3) The Environmental Protection Agency has 
repeatedly referenced its 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 Florida’s numeric nu-
trient criteria, the Administrator will promptly ini-
tiate rulemaking to repeal federally promulgated nu-
meric nutrient criteria. 
(5) The Florida Environmental Regulation 
Commission, on December 8, 2011, adopted numeric 
nutrient criteria for Florida’s fresh water bodies and 
estuary systems, which included a firm regulatory 
schedule for adoption of additional marine criteria. 
(6) The Environmental Protection Agency has 
stated that if Florida adopts, and the Administrator 
VerDate Mar 15 2010 
05:24 Feb 01, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3856.IH
H3856
smartinez on DSK6TPTVN1PROD with BILLS
approves, numeric nutrient criteria for any waters 
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 cor-
responding Federal numeric nutrient criteria. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that the Administrator 
should take into account the effect of numeric nutrient 
criteria on the economy, job creation, consumers, munici-
palities, agriculture, small business, and other affected 
sectors, using State data, information, and independent 
studies to ensure to accountability, and that the Adminis-
trator should not promulgate or enforce any numeric nu-
trient criteria that would result in a negative economic im-
pact of 15 percent or higher on any such sector. 
SEC. 4. NUMERIC NUTRIENT CRITERIA. 
The Administrator may not propose, promulgate, or 
enforce any numeric nutrient criteria for any streams, 
lakes, springs, canals, estuaries, or marine waters 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. If the Administrator 
determines under such section that the Florida amended 
VerDate Mar 15 2010 
05:24 Feb 01, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3856.IH
H3856
smartinez on DSK6TPTVN1PROD with BILLS
rule meets the requirements of the Federal Water Pollu-
tion Control Act, then the Administrator may not enforce, 
and shall withdraw, section 131.43 of title 40, Code of 
Federal Regulations, in its entirety and may not propose 
or promulgate any numeric nutrient criteria for any 
streams, lakes, springs, canals, estuaries, or marine waters 
of the State of Florida based on the January 14, 2009, 
determination. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) FLORIDA
AMENDED
RULE.—The term 
‘‘Florida amended rule’’ means chapters 62–302 and 
62–303 of the Florida Administrative Code, as ap-
proved for adoption by the Florida Environmental 
Regulation Commission on December 8, 2011, and 
submitted on December 9, 2011, to the Florida Leg-
islature for ratification. 
(3) JANUARY 14, 2009, DETERMINATION.—The 
term ‘‘January 14, 2009, determination’’ means the 
determination issued by the Environmental Protec-
tion Agency on January 14, 2009, under section 
303(c)(4)(B) of the Federal Water Pollution Control 
VerDate Mar 15 2010 
05:24 Feb 01, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3856.IH
H3856
smartinez on DSK6TPTVN1PROD with BILLS
Act, 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 de-
veloped to meet the water quality requirements of 
section 303 of the Federal Water Pollution Control 
Act (33 U.S.C. 1313). 
Æ 
VerDate Mar 15 2010 
05:24 Feb 01, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H3856.IH
H3856
smartinez on DSK6TPTVN1PROD with BILLS