S.Amdt. 2261Senate112th Congress (2011-2013)

S.Amdt. 2261

What it does: Adds SEC. 122___. NUMERIC NUTRIENT CRITERIA on page 1009, line 11
Submitted June 11, 2012

What it changes

1 change to S. 3240

Adds a section
  1. Adds SEC. 122___. NUMERIC NUTRIENT CRITERIA on page 1009, line 11

    Adds a sectionPrinted page

    Inserted: SEC. 122___. NUMERIC NUTRIENT CRITERIA.

    Inserted: (a) Short Title.--This section may be cited as the "State Waters Partnership Act of 2012".

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

    Inserted: (2) Florida amended rule.--The term "Florida amended rule" means chapters 62 302 and 62 303 of the Florida Administrative Code, as approved for adoption by the Florida Environmental Regulation Commission on December 8, 2011, and submitted on December 9, 2011, to the Florida Legislature for ratification.

    Inserted: (3) January 14, 2009, determination.--The term "January 14, 2009, determination" means the determination issued by the Administrator on January 14, 2009, under section 303(c)(4)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)(B)), regarding numeric nutrient criteria for the State of Florida.

    Inserted: (4) Numeric nutrient criteria.--The term "numeric nutrient criteria" means specific numerical criteria for any species of nitrogen or phosphorus developed to meet the water quality requirements of section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).

    Inserted: (c) Numeric Nutrient Criteria.--

    Inserted: (1) In general.--The Administrator shall not propose, promulgate, or enforce any numeric nutrient criteria for any stream, lake, spring, canal, estuary, or marine water of the State of Florida based on the January 15, 2009, determination 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.

    Inserted: (2) Withdrawal of regulations.--If the Administrator determines under section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)) that the Florida amended rule meets the requirements of that Act (33 U.S.C. 1251 et seq.)--

    Inserted: (A) the Administrator shall not enforce, and shall withdraw, section 131.43 of title 40, Code of Federal Regulations (or a successor regulation), in its entirety; and

    Inserted: (B) shall not propose or promulgate any numeric nutrient criteria for any stream, lake, spring, canal, estuary, or marine water of the State of Florida based on the January 14, 2009, determination.

    Original wording

    On page 1009, after line 11, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2261. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 1009, after line 11, add the following:

SEC. 122___. NUMERIC NUTRIENT CRITERIA.

(a) Short Title.--This section may be cited as the “State Waters Partnership Act of 2012”.

(b) Definitions.--In this section:

(1) Administrator.--The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) Florida amended rule.--The term “Florida amended rule” means chapters 62 302 and 62 303 of the Florida Administrative Code, as approved for adoption by the Florida Environmental Regulation Commission on December 8, 2011, and submitted on December 9, 2011, to the Florida Legislature for ratification.

(3) January 14, 2009, determination.--The term “January 14, 2009, determination” means the determination issued by the Administrator on January 14, 2009, under section 303(c)(4)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)(B)), 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 developed to meet the water quality requirements of section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).

(c) Numeric Nutrient Criteria.--

(1) In general.--The Administrator shall not propose, promulgate, or enforce any numeric nutrient criteria for any stream, lake, spring, canal, estuary, or marine water of the State of Florida based on the January 15, 2009, determination 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.

(2) Withdrawal of regulations.--If the Administrator determines under section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)) that the Florida amended rule meets the requirements of that Act (33 U.S.C. 1251 et seq.)--

(A) the Administrator shall not enforce, and shall withdraw, section 131.43 of title 40, Code of Federal Regulations (or a successor regulation), in its entirety; and

(B) shall not propose or promulgate any numeric nutrient criteria for any stream, lake, spring, canal, estuary, or marine water of the State of Florida based on the January 14, 2009, determination.

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Senate amendment submitted

June 11, 2012