A bill to recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empower States Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States is dependent on adequate, affordable 
        energy supplies from diverse sources for continued economic 
        stability and growth, national security, and maintenance and 
        enhancement of the quality of life of the people of the United 
        States;
            (2) domestically produced natural gas and oil provide jobs 
        and economic opportunity to the people of the United States and 
        revenue to the States, including educational programs of the 
        States;
            (3) volatile energy prices, as well as dependence on oil 
        from Middle East sources, have a detrimental effect on the 
        economy and security of the United States;
            (4) States have a long record of protecting human health 
        and the environment while enabling increased energy 
        development;
            (5) hydraulic fracturing is, and has been for decades, a 
        common operation used in exploration and production by the oil 
        and gas industry;
            (6) the regulation of oil and gas exploration and 
        production activities, including hydraulic fracturing, has 
        traditionally been the within the province of the States; and
            (7) States, that regulate oil and gas production, have 
        comprehensive laws and regulations to ensure safe operations 
        and drinking water.

SEC. 3. STATE PRIMACY REGARDING SAFE DRINKING WATER.

    (a) Authority of Administrator.--Section 1414 of the Safe Drinking 
Water Act (42 U.S.C. 300g-3) is amended--
            (1) in subsection (b), by striking ``(b) The 
        Administrator'' and all that follows through ``The court may 
        enter'' and inserting the following:
    ``(b) Enforcement Actions.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator may bring a civil action in the appropriate 
        United States district court to require compliance with any 
        applicable requirement, with an order issued under subsection 
        (g), or with any schedule or other requirement imposed pursuant 
        to a variance or exemption granted under section 1415 or 1416, 
        if the order, schedule, or other requirement is--
                    ``(A) authorized under paragraph (1) or (2) of 
                subsection (a); or
                    ``(B) requested by--
                            ``(i) the chief executive officer of the 
                        State in which is located the public water 
                        system that is not in compliance with such 
                        regulation or requirement; or
                            ``(ii) the State agency with jurisdiction 
                        over compliance by public water systems in the 
                        State with national primary drinking water 
                        regulations or State drinking water 
                        regulations.
            ``(2) Requirement.--Notwithstanding paragraph (1), the 
        Administrator may not take any enforcement action against a 
        State that has primary enforcement responsibility for public 
        water systems (within the meaning of section 1413(a)) or a 
        company or individual within the State pursuant to this 
        subsection, section 1423, or any other provision of law, 
        unless--
                    ``(A) the Administrator determines that there is an 
                imminent and substantial danger to the public health or 
                environment; and
                    ``(B) the State failed to take corrective action.
            ``(3) Action by court.--The court may enter'';
            (2) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (3) by inserting after subsection (g) the following:
    ``(h) Amendment or Revocation.--The Administrator may not amend or 
revoke any program of a State with partial or total primary enforcement 
responsibility under this section unless the Administrator determines, 
by clear and convincing evidence, that the program fails to effectively 
protect drinking water in the State.''.
    (b) Regulations.--Part E of the Safe Drinking Water Act (42 U.S.C. 
300j et seq.) is amended by adding at the end the following:

``SEC. 1459. REGULATIONS.

    ``(a) Comments Relating to Oil and Gas Exploration and 
Production.--Before issuing or promulgating any guideline or regulation 
relating to oil and gas exploration and production on Federal, State, 
tribal, or fee land pursuant to this Act, the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 
et seq.), or any other provision of law or Executive order, the head of 
a Federal department or agency shall seek comments from and consult 
with the head of each affected State, State agency, and Indian tribe at 
a location within the jurisdiction of the State or Indian tribe, as 
applicable.
    ``(b) Statement of Energy and Economic Impact.--Each Federal 
department or agency shall develop a Statement of Energy and Economic 
Impact, which shall consist of a detailed statement and analysis 
supported by credible objective evidence relating to--
            ``(1) any adverse effects on energy supply, distribution, 
        or use, including a shortfall in supply, price increases, and 
        increased use of foreign supplies; and
            ``(2) any impact on the domestic economy if the action is 
        taken, including the loss of jobs and decrease of revenue to 
        each of the general and educational funds of the State or 
        affected Indian tribe.
    ``(c) Regulations.--
            ``(1) In general.--A Federal department or agency shall not 
        impose any new or modified regulation unless the head of the 
        applicable Federal department or agency determines--
                    ``(A) that the rule is necessary to prevent 
                immediate harm to human health or the environment; and
                    ``(B) by clear and convincing evidence, that the 
                State or Indian tribe does not have an existing 
                reasonable alternative to the proposed regulation.
            ``(2) Disclosure.--Any Federal regulation promulgated on or 
        after the date of enactment of this paragraph that requires 
        disclosure of hydraulic fracturing chemicals shall refer to the 
        database managed by the Ground Water Protection Council and the 
        Interstate Oil and Gas Compact Commission (as in effect on the 
        date of enactment of this Act).
    ``(d) Judicial Review.--
            ``(1) In general.--With respect to any regulation described 
        in this section--
                    ``(A) a State or Indian tribe adversely affected by 
                an action carried out under the regulation shall be 
                entitled to review by a United States district court 
                located in the State or the District of Columbia of 
                compliance by the applicable Federal department or 
                agency with the requirements of this section;
                    ``(B) an entity that is adversely affected by an 
                action carried out under the regulation--
                            ``(i) may intervene in a review action 
                        carried out under subparagraph (A) by the State 
                        in which the adverse effect to the entity has 
                        occurred or would occur; and
                            ``(ii) shall be entitled to the same 
                        judicial review as a State under subparagraph 
                        (A) if, not later than 90 days after the date 
                        of receipt of a petition from the entity, the 
                        State in which the adverse effect to the entity 
                        has occurred or would occur fails to seek 
                        judicial review pursuant to subparagraph (A).
            ``(2) Action by court.--
                    ``(A) In general.--A district court providing 
                review under this subsection may enjoin or mandate any 
                action by a relevant Federal department or agency until 
                the district court determines that the department or 
                agency has complied with the requirements of this 
                section.
                    ``(B) Damages.--The court shall not order money 
                damages.
            ``(3) Scope and standard of review.--In reviewing a 
        regulation under this subsection--
                    ``(A) the court shall not consider any evidence 
                outside of the record that was before the agency; and
                    ``(B) the standard of review shall be de novo.''.

Summary: Empower States Act of 2012 - Amends the Safe Drinking Water Act, with respect to enforcement of drinking water regulations, to prohibit the Administrator of the Environmental Protection Agency (EPA) from taking any enforcement action against a state with primary enforcement responsibility for public water systems or a company or individual within the state, unless: (1) the Administrator determines that there is an imminent and substantial danger to the public health or environment, and (2) the state failed to take corrective action.

Prohibits the Administrator from amending or revoking any program of a state with partial or total primary enforcement responsibility unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the state.

Requires the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction.

Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations.