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.

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:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Chesapeake bay state.--The term ``Chesapeake Bay 
        State'' means any one of the States of Delaware, Maryland, New 
        York, Pennsylvania, 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 
        tributaries 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 Administrator (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 additional 
reductions in discharges of nitrogen, phosphorus, 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 
Pollution 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 toward meeting the water quality 
goals established for the State in the 2010 Chesapeake Bay TMDL, may 
not require under such permit lower levels of discharges of nitrogen, 
phosphorus, and sediment from such point source than would otherwise be 
required if sufficient progress toward 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 Administrator may not 
        require a permit under section 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 associated 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 enactment of this Act.
    (d) Animal Feeding Operations.--For purposes of application in the 
Chesapeake Bay watershed, the Administrator 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 sediment 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
                    (B) to require additional reductions in loadings 
                from point sources, including through reallocating 
                additional load reductions of nitrogen, 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 Chesapeake 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 applicable, has 
        offered technical assistance to the State to assist the State 
        in meeting such water quality goals; and
            (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.

Summary: Chesapeake Bay State and Local Backstop Limitation Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from: (1) modifying a permit issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) before this Act's enactment for a point source in the Chesapeake Bay watershed to require additional reductions in discharges of nitrogen, phosphorus, or sediment; or (2) requiring lower levels of discharges of such pollutants under a national pollutant discharge elimination system (NPDES) permit for a point source in such watershed for purposes of compensating for any lack of progress in a state toward meeting the water quality goals established by the 2010 Chesapeake Bay TMDL (total maximum daily load).

 Prohibits the Administrator from revising, for purposes of application in such watershed, the definitions of: (1) "storm water discharge associated with industrial activity" in regulations concerning storm water discharges in the EPA administered NPDES program, and (2) "concentrated animal feeding operation" in regulations concerning the EPA administered NPDES program.

 Prohibits the Administrator from requiring a permit under the NPDES program for a discharge of stormwater in such watershed, either from a municipal separate storm sewer system or associated with an industrial activity, for which a permit has not been issued before this Act's enactment.

Prohibits the Administrator, before the date on which all of the nitrogen, phosphorus, and sediment TMDLs established in the 2010 Chesapeake Bay TMDL are met, from: (1) revising the 2010 Chesapeake Bay TMDL to establish more specific or finer scale waste load or load allocations and requiring additional reductions in loadings from point sources; or (2) issuing or enforcing regulations regarding such pollutants for any navigable waters within such watershed in Chesapeake Bay states (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, or the District of Columbia), other than the 2010 Chesapeake Bay TMDL, unless the chief executive of a Bay state approves of such regulation.

 Prohibits the Administrator and the Secretary of Agriculture from conditioning, withholding, or redirecting grants related to water quality in Bay states under the Clean Water Act or the Food Security Act of 1985 because Bay states do not meet the water quality goals established for them in the 2010 Chesapeake Bay TMDL, unless the Administrator or the Secretary has offered technical assistance in meeting such goals and the Bay state has failed to show reasonable progress in meeting such goals after a sufficient amount of time.