Clean Water Cooperative Federalism Act of 2011

Bill: 112-hr-2018
Sponsor: Rep. Mica, John L. [R-FL-7]
Introduced: 2011-05-26 in the House
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Economic performance and conditions
Environmental Protection Agency (EPA)
Environmental regulatory procedures
Government information and archives
Hazardous wastes and toxic substances
Intergovernmental relations
Licensing and registrations
Metals
Public participation and lobbying
State and local government operations
Unemployment
Water quality

Summary:
action_date: 2011-05-26
text: 
Clean Water Cooperative Federalism Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: (1) promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; (2) taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; (3) withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; and (4) prohibiting the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters and denying or restricting the use of such area as a disposal site in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas.
 
 Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application.

action_date: 2011-07-08
text: 
Clean Water Cooperative Federalism Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: (1) promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; (2) taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; (3) withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; and (4) prohibiting the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters and denying or restricting the use of such area as a disposal site in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas.
 
Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application.
 
Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated.

action_date: 2011-07-13
text: 
Clean Water Cooperative Federalism Act of 2011 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: (1) promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; (2) taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; (3) withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; and (4) prohibiting the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters and denying or restricting the use of such area as a disposal site in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas.
 
(Sec. 4) Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application.
 
(Sec. 5) Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated.
 
(Sec. 6) Requires the Administrator to report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a state under this Act.
 (Sec. 7) Prohibits this Act from being construed to limit the authority of the Administrator to regulate a pipeline that crosses a streambed. 
(Sec. 8) Requires the Administrator, before issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under this Act, to analyze the impact, disaggregated by state, of such action on employment levels and economic activity. Directs the Administrator to: (1) post such analysis on EPA's website; (2) request that the governor of any state experiencing more than a de minimis negative impact on employment levels or economic activity (a loss of more than 100 jobs or a decrease in economic activity of more than $1 million) post such analysis in the state's Capitol; (3) hold a public hearing in each state where such action will have more than a de minimis negative impact; and (4) give notice of such impact to states' congressional delegations, governors, and legislatures.


Legislative actions:
action_date: 2011-07-18
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.
action_date: 2011-07-14
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2011-07-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2011-07-13
text: On passage Passed by the Yeas and Nays: 239 - 184 (Roll no. 573).
action_date: 2011-07-13
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 239 - 184 (Roll no. 573).
action_date: 2011-07-13
text: On motion to recommit with instructions Failed by recorded vote: 188 - 238 (Roll no. 572). (consideration: CR H4994)
action_date: 2011-07-13
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H4994)
action_date: 2011-07-13
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the McNerney motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to retain EPA's authority to set water pollution standards and review permits when pollutants are being discharged into waters that are a source of public drinking water.
action_date: 2011-07-13
text: Mr. McNerney moved to recommit with instructions to Transportation. (consideration: CR H4992; text: CR H4992)
action_date: 2011-07-13
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H4974-4975)
action_date: 2011-07-13
text: The previous question was ordered pursuant to the rule. (consideration: CR H4992)
action_date: 2011-07-13
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2018.
action_date: 2011-07-13
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2011-07-13
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2011-07-13
text: Considered as unfinished business. (consideration: CR H4987-4995)
action_date: 2011-07-13
text: Committee of the Whole House on the state of the Union rises leaving H.R. 2018 as unfinished business.
action_date: 2011-07-13
text: On motion that the Committee now rise Agreed to by voice vote.
action_date: 2011-07-13
text: Mr. Gibbs moved that the Committee now rise.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Carnahan amendment No. 10, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Carnahan demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H. Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Carnahan amendment No. 10.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Blumenauer amendment No. 9, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Blumenauer demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H. Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Blumenauer amendment No. 9.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H. Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment No. 8.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly (VA) amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Connolly (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Gibbs demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Hanabusa amendment.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Capito amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Bishop (NY) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Capito amendment.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 2.
action_date: 2011-07-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Gibbs demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-07-13
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 1.
action_date: 2011-07-13
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2018.
action_date: 2011-07-13
text: The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
action_date: 2011-07-13
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 347 and Rule XVIII.
action_date: 2011-07-13
text: Rule provides for consideration of H.R. 2018 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill shall be considered as an original bill for the purpose of amendment.
action_date: 2011-07-13
text: Considered under the provisions of rule H. Res. 347. (consideration: CR H4963-4987)
action_date: 2011-07-13
text: Rule H. Res. 347 passed House.
action_date: 2011-07-12
text: Rules Committee Resolution H. Res. 347 Reported to House. Rule provides for consideration of H.R. 2018 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill shall be considered as an original bill for the purpose of amendment.
action_date: 2011-07-08
text: Placed on the Union Calendar, Calendar No. 88.
action_date: 2011-07-08
text: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 112-139.
action_date: 2011-07-08
text: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 112-139.
action_date: 2011-06-22
text: Subcommittee on Water Resources and Environment Discharged.
action_date: 2011-06-22
text: Ordered to be Reported (Amended) by the Yeas and Nays: 35 - 19.
action_date: 2011-06-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-05-27
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2011-05-26
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2011-05-26
text: Introduced in House
action_date: 2011-05-26
text: Introduced in House