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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2018 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2018
To amend the Federal Water Pollution Control Act to preserve the
authority of each State to make determinations relating to the State's
water quality standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Mr. Mica (for himself, Mr. Rahall, Mr. Shuster, Mrs. Capito, Mr. Coble,
Mr. Barletta, Mr. Landry, Mr. Duncan of Tennessee, Mr. Bucshon, Mr.
Crawford, Mr. Graves of Missouri, Mr. Gibbs, Mr. Critz, Mr. Altmire,
Mr. Holden, Mr. Hunter, Mr. Gary G. Miller of California, Mr. Young of
Alaska, Mrs. Schmidt, and Mr. Rogers of Kentucky) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to preserve the
authority of each State to make determinations relating to the State's
water quality standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Cooperative Federalism
Act of 2011''.
SEC. 2. STATE WATER QUALITY STANDARDS.
(a) State Water Quality Standards.--Section 303(c)(4) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(4)'' and inserting ``(4)(A)'';
(3) by striking ``The Administrator shall promulgate'' and
inserting the following:
``(B) The Administrator shall promulgate''; and
(4) by adding at the end the following:
``(C) Notwithstanding subparagraph (A)(ii), the Administrator may
not promulgate a revised or new standard for a pollutant in any case in
which the State has submitted to the Administrator and the
Administrator has approved a water quality standard for that pollutant,
unless the State concurs with the Administrator's determination that
the revised or new standard is necessary to meet the requirements of
this Act.''.
(b) Federal Licenses and Permits.--Section 401(a) of such Act (33
U.S.C. 1341(a)) is amended by adding at the end the following:
``(7) With respect to any discharge, if a State or interstate
agency having jurisdiction over the navigable waters at the point where
the discharge originates or will originate determines under paragraph
(1) that the discharge will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307, the Administrator may not take
any action to supersede the determination.''.
(c) State NPDES Permit Programs.--Section 402(c) of such Act (42
U.S.C. 1342(c)) is amended by adding at the end the following:
``(5) Limitation on authority of administrator to withdraw
approval of state programs.--The Administrator may not withdraw
approval of a State program under paragraph (3) or (4), or
limit Federal financial assistance for the State program, on
the basis that the Administrator disagrees with the State
regarding--
``(A) the implementation of any water quality
standard that has been adopted by the State and
approved by the Administrator under section 303(c); or
``(B) the implementation of any Federal guidance
that directs the interpretation of the State's water
quality standards.''.
(d) Limitation on Authority of Administrator To Object to
Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is
amended by adding at the end the following:
``(5) The Administrator may not object under paragraph (2) to the
issuance of a permit by a State on the basis of--
``(A) the Administrator's interpretation of a water quality
standard that has been adopted by the State and approved by the
Administrator under section 303(c); or
``(B) the implementation of any Federal guidance that
directs the interpretation of the State's water quality
standards.''.
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL.
(a) Authority of EPA Administrator.--Section 404(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(c)) is amended--
(1) by striking ``(c)'' and inserting ``(c)(1)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to any permit if the State in
which the discharge originates or will originate does not concur with
the Administrator's determination that the discharge will result in an
unacceptable adverse effect as described in paragraph (1).''.
(b) State Permit Programs.--The first sentence of section 404(g)(1)
of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The
Governor of any State desiring to administer its own individual and
general permit program for the discharge'' and inserting ``The Governor
of any State desiring to administer its own individual and general
permit program for some or all of the discharges''.
SEC. 4. DEADLINES FOR AGENCY COMMENTS.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) in subsection (m) by striking ``ninetieth day'' and
inserting ``30th day (or the 60th day if additional time is
requested)''; and
(2) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
and
(B) by adding at the end the following:
``(2) The Administrator and the head of a department or agency
referred to in paragraph (1) shall each submit any comments with
respect to an application for a permit under subsection (a) or (e) not
later than the 30th day (or the 60th day if additional time is
requested) after the date of receipt of an application for a permit
under that subsection.''.
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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.
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.
Mr. Gibbs moved that the Committee now rise.
On motion that the Committee now rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 2018 as unfinished business.
Considered as unfinished business. (consideration: CR H4987-4995)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2018.
The previous question was ordered pursuant to the rule. (consideration: CR H4992)
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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)
Mr. McNerney moved to recommit with instructions to Transportation. (consideration: CR H4992; text: CR H4992)
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.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H4994)
On motion to recommit with instructions Failed by recorded vote: 188 - 238 (Roll no. 572). (consideration: CR H4994)
Roll Call #572 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 239 - 184 (Roll no. 573).
Roll Call #573 (House)On passage Passed by the Yeas and Nays: 239 - 184 (Roll no. 573).
Roll Call #573 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.