H. R. 999

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To amend the Federal Water Pollution Control Act to improve the quality of coastal

recreation waters, 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 ‘‘Beaches Environmental Assessment and Coastal Health Act of 2000’’.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND STANDARDS BY STATES.

Section 303 of the Federal Water Pollution Control Act (33

U.S.C. 1313) is amended by adding at the end the following:

‘‘(i) COASTAL RECREATION WATER QUALITY CRITERIA.—

‘‘(1) ADOPTION BY STATES.—

‘‘(A) INITIAL CRITERIA AND STANDARDS.—Not later than

42 months after the date of the enactment of this subsection, each State having coastal recreation waters shall

adopt and submit to the Administrator water quality criteria and standards for the coastal recreation waters of

the State for those pathogens and pathogen indicators for

which the Administrator has published criteria under section 304(a).

‘‘(B) NEW OR REVISED CRITERIA AND STANDARDS.—Not

later than 36 months after the date of publication by the

Administrator of new or revised water quality criteria

under section 304(a)(9), each State having coastal recreation waters shall adopt and submit to the Administrator

new or revised water quality standards for the coastal

recreation waters of the State for all pathogens and

pathogen indicators to which the new or revised water

quality criteria are applicable.

‘‘(2) FAILURE OF STATES TO ADOPT.—

‘‘(A) IN GENERAL.—If a State fails to adopt water

quality criteria and standards in accordance with paragraph (1)(A) that are as protective of human health as

the criteria for pathogens and pathogen indicators for

coastal recreation waters published by the Administrator,

the Administrator shall promptly propose regulations for

the State setting forth revised or new water quality standards for pathogens and pathogen indicators described in

paragraph (1)(A) for coastal recreation waters of the State.
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‘‘(B) EXCEPTION.—If the Administrator proposes regulations for a State described in subparagraph (A) under subsection (c)(4)(B), the Administrator shall publish any

revised or new standard under this subsection not later

than 42 months after the date of the enactment of this

subsection.

‘‘(3) APPLICABILITY.—Except as expressly provided by this

subsection, the requirements and procedures of subsection (c)

apply to this subsection, including the requirement in subsection (c)(2)(A) that the criteria protect public health and

welfare.’’.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

(a) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL

RECREATION WATERS.—Section 104 of the Federal Water Pollution

Control Act (33 U.S.C. 1254) is amended by adding at the end

the following:

‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL

RECREATION WATERS.—Not later than 18 months after the date

of the enactment of this subsection, after consultation and in

cooperation with appropriate Federal, State, tribal, and local officials (including local health officials), the Administrator shall initiate, and, not later than 3 years after the date of the enactment

of this subsection, shall complete, in cooperation with the heads

of other Federal agencies, studies to provide additional information

for use in developing—

‘‘(1) an assessment of potential human health risks

resulting from exposure to pathogens in coastal recreation

waters, including nongastrointestinal effects;

‘‘(2) appropriate and effective indicators for improving

detection in a timely manner in coastal recreation waters of

the presence of pathogens that are harmful to human health;

‘‘(3) appropriate, accurate, expeditious, and cost-effective

methods (including predictive models) for detecting in a timely

manner in coastal recreation waters the presence of pathogens

that are harmful to human health; and

‘‘(4) guidance for State application of the criteria for pathogens and pathogen indicators to be published under section

304(a)(9) to account for the diversity of geographic and aquatic

conditions.’’.

(b) REVISED CRITERIA.—Section 304(a) of the Federal Water

Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding

at the end the following:

‘‘(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.— ‘‘(A) IN GENERAL.—Not later than 5 years after the

date of the enactment of this paragraph, after consultation

and in cooperation with appropriate Federal, State, tribal,

and local officials (including local health officials), the

Administrator shall publish new or revised water quality

criteria for pathogens and pathogen indicators (including

a revised list of testing methods, as appropriate), based

on the results of the studies conducted under section 104(v),

for the purpose of protecting human health in coastal recreation waters.

‘‘(B) REVIEWS.—Not later than the date that is 5 years

after the date of publication of water quality criteria under

this paragraph, and at least once every 5 years thereafter,
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the Administrator shall review and, as necessary, revise

the water quality criteria.’’.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND

NOTIFICATION.

Title IV of the Federal Water Pollution Control Act (33 U.S.C.

1341 et seq.) is amended by adding at the end the following:

‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND

NOTIFICATION.

‘‘(a) MONITORING AND NOTIFICATION.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date

of the enactment of this section, after consultation and in

cooperation with appropriate Federal, State, tribal, and local

officials (including local health officials), and after providing

public notice and an opportunity for comment, the Administrator shall publish performance criteria for—

‘‘(A) monitoring and assessment (including specifying

available methods for monitoring) of coastal recreation

waters adjacent to beaches or similar points of access that

are used by the public for attainment of applicable water

quality standards for pathogens and pathogen indicators;

and

‘‘(B) the prompt notification of the public, local governments, and the Administrator of any exceeding of or likelihood of exceeding applicable water quality standards for

coastal recreation waters described in subparagraph (A).

‘‘(2) LEVEL OF PROTECTION.—The performance criteria

referred to in paragraph (1) shall provide that the activities

described in subparagraphs (A) and (B) of that paragraph shall

be carried out as necessary for the protection of public health

and safety.

‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.— ‘‘(1) IN GENERAL.—The Administrator may make grants

to States and local governments to develop and implement

programs for monitoring and notification for coastal recreation

waters adjacent to beaches or similar points of access that

are used by the public.

‘‘(2) LIMITATIONS.— ‘‘(A) IN GENERAL.—The Administrator may award a

grant to a State or a local government to implement a

monitoring and notification program if—

‘‘(i) the program is consistent with the performance

criteria published by the Administrator under subsection (a);

‘‘(ii) the State or local government prioritizes the

use of grant funds for particular coastal recreation

waters based on the use of the water and the risk

to human health presented by pathogens or pathogen

indicators;

‘‘(iii) the State or local government makes available

to the Administrator the factors used to prioritize the

use of funds under clause (ii);

‘‘(iv) the State or local government provides a list

of discrete areas of coastal recreation waters that are

subject to the program for monitoring and notification

for which the grant is provided that specifies any

coastal recreation waters for which fiscal constraints
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will prevent consistency with the performance criteria

under subsection (a); and

‘‘(v) the public is provided an opportunity to review

the program through a process that provides for public

notice and an opportunity for comment.

‘‘(B) GRANTS TO LOCAL GOVERNMENTS.—The Administrator may make a grant to a local government under

this subsection for implementation of a monitoring and

notification program only if, after the 1-year period beginning on the date of publication of performance criteria

under subsection (a)(1), the Administrator determines that

the State is not implementing a program that meets the

requirements of this subsection, regardless of whether the

State has received a grant under this subsection.

‘‘(3) OTHER REQUIREMENTS.—

‘‘(A) REPORT.—A State recipient of a grant under this

subsection shall submit to the Administrator, in such format and at such intervals as the Administrator determines

to be appropriate, a report that describes—

‘‘(i) data collected as part of the program for monitoring and notification as described in subsection (c);

and

‘‘(ii) actions taken to notify the public when water

quality standards are exceeded.

‘‘(B) DELEGATION.—A State recipient of a grant under

this subsection shall identify each local government to

which the State has delegated or intends to delegate

responsibility for implementing a monitoring and notification program consistent with the performance criteria published under subsection (a) (including any coastal recreation waters for which the authority to implement a monitoring and notification program would be subject to the

delegation).

‘‘(4) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Administrator, through grants

awarded under this section, may pay up to 100 percent

of the costs of developing and implementing a program

for monitoring and notification under this subsection.

‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of

the costs of developing and implementing a monitoring

and notification program may be—

‘‘(i) in an amount not to exceed 50 percent, as

determined by the Administrator in consultation with

State, tribal, and local government representatives;

and

‘‘(ii) provided in cash or in kind.

‘‘(c) CONTENT OF STATE AND LOCAL GOVERNMENT PROGRAMS.—

As a condition of receipt of a grant under subsection (b), a State

or local government program for monitoring and notification under

this section shall identify—

‘‘(1) lists of coastal recreation waters in the State, including

coastal recreation waters adjacent to beaches or similar points

of access that are used by the public;

‘‘(2) in the case of a State program for monitoring and

notification, the process by which the State may delegate to

local governments responsibility for implementing the monitoring and notification program;
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‘‘(3) the frequency and location of monitoring and assessment of coastal recreation waters based on—

‘‘(A) the periods of recreational use of the waters;

‘‘(B) the nature and extent of use during certain

periods;

‘‘(C) the proximity of the waters to known point sources

and nonpoint sources of pollution; and

‘‘(D) any effect of storm events on the waters;

‘‘(4)(A) the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human

health; and

‘‘(B) the assessment procedures for identifying short-term

increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including

increases in relation to storm events);

‘‘(5) measures for prompt communication of the occurrence,

nature, location, pollutants involved, and extent of any

exceeding of, or likelihood of exceeding, applicable water quality

standards for pathogens and pathogen indicators to—

‘‘(A) the Administrator, in such form as the Administrator determines to be appropriate; and

‘‘(B) a designated official of a local government having

jurisdiction over land adjoining the coastal recreation

waters for which the failure to meet applicable standards

is identified;

‘‘(6) measures for the posting of signs at beaches or similar

points of access, or functionally equivalent communication

measures that are sufficient to give notice to the public that

the coastal recreation waters are not meeting or are not

expected to meet applicable water quality standards for pathogens and pathogen indicators; and

‘‘(7) measures that inform the public of the potential risks

associated with water contact activities in the coastal recreation

waters that do not meet applicable water quality standards.

‘‘(d) FEDERAL AGENCY PROGRAMS.—Not later than 3 years after

the date of the enactment of this section, each Federal agency

that has jurisdiction over coastal recreation waters adjacent to

beaches or similar points of access that are used by the public

shall develop and implement, through a process that provides for

public notice and an opportunity for comment, a monitoring and

notification program for the coastal recreation waters that—

‘‘(1) protects the public health and safety;

‘‘(2) is consistent with the performance criteria published

under subsection (a);

‘‘(3) includes a completed report on the information specified in subsection (b)(3)(A), to be submitted to the Administrator; and

‘‘(4) addresses the matters specified in subsection (c) .

‘‘(e) DATABASE.—The Administrator shall establish, maintain,

and make available to the public by electronic and other means

a national coastal recreation water pollution occurrence database

that provides—

‘‘(1) the data reported to the Administrator under subsections (b)(3)(A)(i) and (d)(3); and

‘‘(2) other information concerning pathogens and pathogen

indicators in coastal recreation waters that—
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‘‘(A) is made available to the Administrator by a State

or local government, from a coastal water quality monitoring program of the State or local government; and

‘‘(B) the Administrator determines should be included.

‘‘(f ) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE MATERIAL.—The Administrator shall provide technical assistance to

States and local governments for the development of assessment

and monitoring procedures for floatable material to protect public

health and safety in coastal recreation waters.

‘‘(g) LIST OF WATERS.—

‘‘(1) IN GENERAL.—Beginning not later than 18 months

after the date of publication of performance criteria under

subsection (a), based on information made available to the

Administrator, the Administrator shall identify, and maintain

a list of, discrete coastal recreation waters adjacent to beaches

or similar points of access that are used by the public that—

‘‘(A) specifies any waters described in this paragraph

that are subject to a monitoring and notification program

consistent with the performance criteria established under

subsection (a); and

‘‘(B) specifies any waters described in this paragraph

for which there is no monitoring and notification program

(including waters for which fiscal constraints will prevent

the State or the Administrator from performing monitoring

and notification consistent with the performance criteria

established under subsection (a)).

‘‘(2) AVAILABILITY.—The Administrator shall make the list

described in paragraph (1) available to the public through—

‘‘(A) publication in the Federal Register; and

‘‘(B) electronic media.

‘‘(3) UPDATES.—The Administrator shall update the list

described in paragraph (1) periodically as new information

becomes available.

‘‘(h) EPA IMPLEMENTATION.—In the case of a State that has

no program for monitoring and notification that is consistent with

the performance criteria published under subsection (a) after the

last day of the 3-year period beginning on the date on which

the Administrator lists waters in the State under subsection

(g)(1)(B), the Administrator shall conduct a monitoring and notification program for the listed waters based on a priority ranking

established by the Administrator using funds appropriated for

grants under subsection (i)—

‘‘(1) to conduct monitoring and notification; and

‘‘(2) for related salaries, expenses, and travel.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for making grants under subsection (b), including

implementation of monitoring and notification programs by the

Administrator under subsection (h), $30,000,000 for each of fiscal

years 2001 through 2005.’’.

SEC. 5. DEFINITIONS.

Section 502 of the Federal Water Pollution Control Act (33

U.S.C. 1362) is amended by adding at the end the following:

‘‘(21) COASTAL RECREATION WATERS.—

‘‘(A) IN GENERAL.—The term ‘coastal recreation waters’

means—

‘‘(i) the Great Lakes; and
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‘‘(ii) marine coastal waters (including coastal estuaries) that are designated under section 303(c) by a

State for use for swimming, bathing, surfing, or similar

water contact activities.

‘‘(B) EXCLUSIONS.—The term ‘coastal recreation waters’

does not include—

‘‘(i) inland waters; or

‘‘(ii) waters upstream of the mouth of a river or

stream having an unimpaired natural connection with

the open sea.

‘‘(22) FLOATABLE MATERIAL.—

‘‘(A) IN GENERAL.—The term ‘floatable material’ means

any foreign matter that may float or remain suspended

in the water column.

‘‘(B) INCLUSIONS.—The term ‘floatable material’

includes—

‘‘(i) plastic;

‘‘(ii) aluminum cans;

‘‘(iii) wood products;

‘‘(iv) bottles; and

‘‘(v) paper products.

‘‘(23) PATHOGEN INDICATOR.—The term ‘pathogen indicator’

means a substance that indicates the potential for human infectious disease.’’.

SEC. 6. INDIAN TRIBES.

Section 518(e) of the Federal Water Pollution Control Act (33

U.S.C. 1377(e)) is amended by striking ‘‘and 404’’ and inserting

‘‘404, and 406’’.

SEC. 7. REPORT.

(a) IN GENERAL.—Not later than 4 years after the date of

the enactment of this Act, and every 4 years thereafter, the

Administrator of the Environmental Protection Agency shall submit

to Congress a report that includes—

(1) recommendations concerning the need for additional

water quality criteria for pathogens and pathogen indicators

and other actions that should be taken to improve the quality

of coastal recreation waters;

(2) an evaluation of Federal, State, and local efforts to

implement this Act, including the amendments made by this

Act; and

(3) recommendations on improvements to methodologies

and techniques for monitoring of coastal recreation waters.

(b) COORDINATION.—The Administrator of the Environmental

Protection Agency may coordinate the report under this section

with other reporting requirements under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
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SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the provisions of this Act, including the amendments made by this Act,

for which amounts are not otherwise specifically authorized to

be appropriated, such sums as are necessary for each of fiscal

years 2001 through 2005.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.