I

106TH CONGRESS

1ST SESSION H. R. 950

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

of beaches and coastal recreation waters, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1999

Mr. PALLONE 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 improve the quality of beaches and coastal recreation waters, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Beaches Environ5 mental Assessment, Closure, and Health Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Nation’s beaches and coastal recreation

9 waters are valuable public resources used for recre10 ation by millions of people annually;
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1 (2) the beaches of coastal States are hosts to

2 many out-of-State and international visitors;

3 (3) tourism in the coastal zone generates bil4 lions of dollars annually;

5 (4) increased population and urbanization of

6 the watershed have contributed to the decline in the

7 environmental quality of coastal waters;

8 (5) pollution in coastal waters is not restricted

9 by State and other political boundaries;

10 (6) coastal States have different methods of

11 testing, and parameters for evaluating, the quality of

12 coastal recreation waters, providing varying degrees

13 of protection to the public;

14 (7) the adoption of consistent criteria by coastal

15 States for monitoring and evaluating the quality of

16 coastal recreation waters, and the posting of signs at

17 beaches notifying the public during periods when the

18 standards are exceeded, would enhance public health

19 and safety; and

20 (8) while the adoption of such criteria will en21 hance public health and safety, exceedances of such

22 criteria should be addressed (for example, as part of

23 a watershed approach to effectively identify and

24 eliminate sources of pollution).
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1 (b) PURPOSE.—The purpose of this Act is to require

2 uniform criteria and procedures for testing, monitoring,

3 and notifying users of those coastal recreation waters and

4 beaches open for use by the public in order to protect pub5 lic safety and improve environmental quality.

6 SEC. 3. BEACH AND COASTAL RECREATION WATER QUAL7 ITY.

8 The Federal Water Pollution Control Act (33 U.S.C.

9 1251 et seq.) is amended by adding at the end the follow10 ing:

11 ‘‘TITLE VII—BEACH AND COAST12 AL RECREATION WATER

13 QUALITY

14 ‘‘SEC. 701. DEFINITIONS.

15 ‘‘In this title, the following definitions apply:

16 ‘‘(1) COASTAL RECREATION WATERS.—The

17 term ‘coastal recreation waters’ means waters adja18 cent to public beaches of the Great Lakes and other

19 marine coastal waters (including bays, lagoon

20 mouths, and coastal estuaries within the tidal zone)

21 used by the public for swimming, bathing, surfing,

22 or other similar water contact activities.

23 ‘‘(2) FLOATABLE MATERIALS.—The term ‘float24 able materials’ means any foreign matter that may

25 float or remain suspended in the water column and
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1 includes plastic, aluminum cans, wood, bottles, paper

2 products, and fishing gear.

3 ‘‘SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER

4 QUALITY CRITERIA BY STATES.

5 ‘‘(a) GENERAL RULE.—A State shall adopt water

6 quality criteria for coastal recreation waters which, at a

7 minimum, are consistent with the criteria published by the

Administrator under section 304(a)(1) not later than 31 8 ⁄2

9 years following the date of the enactment of this title.

10 Such water quality criteria shall be developed and promul11 gated in accordance with the requirements of section

12 303(c). A State shall incorporate such criteria into all ap13 propriate programs into which such State would incor14 porate other water quality criteria adopted under section

15 303(c) and revise such criteria not later than 3 years fol16 lowing the date of publication of revisions by the Adminis17 trator under section 703(b).

18 ‘‘(b) FAILURE OF STATES TO ADOPT.—If a State

19 has not complied with subsection (a) by the last day of

the 31 20 ⁄2-year period beginning on the date of the enact21 ment of this title, the water quality criteria issued by the

22 Administrator under section 304(a)(1) shall become appli23 cable as the water quality criteria for coastal recreational

24 waters for the State, and shall be deemed to have been
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1 promulgated by the Administrator pursuant to section

2 303(c)(4).

3 ‘‘SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.

4 ‘‘(a) STUDIES.—After consultation with appropriate

5 Federal, State, and local officials, including local health

6 officials, and other interested persons, but not later than

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

8 of the enactment of this Act, the Administrator shall con9 duct, in cooperation with the Under Secretary of Com10 merce for Oceans and Atmosphere, studies to provide ad11 ditional information to the current base of knowledge for

12 use in developing—

13 ‘‘(1) a more complete list of potential human

14 health risks from inhalation, ingestion, or body con15 tact with coastal recreation waters, including effects

16 to the upper respiratory system;

17 ‘‘(2) appropriate and effective indicators for im18 proving direct detection of the presence of pathogens

19 that are harmful to human health in coastal rec20 reational waters;

21 ‘‘(3) appropriate, accurate, and expeditious

22 methods (including predictive models) for detecting

23 the presence of pathogens, harmful to human health,

24 found in coastal recreation waters; and
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1 ‘‘(4) guidance for the State-to-State application

2 of the criteria to be issued under subsection (b) to

3 account for the diversity of geographic and aquatic

4 conditions nationwide.

5 ‘‘(b) REVISED CRITERIA.—Based on the results of

6 the studies conducted under subsection (a), the Adminis7 trator, after consultation with appropriate Federal, State,

8 and local officials, including local health officials, and

9 other interested persons, shall—

10 ‘‘(1) issue, within 5 years after the date of the

11 enactment of this title, revised water quality criteria

12 for pathogens in coastal recreation waters that are

13 harmful to human health, including a revised list of

14 indicators and testing methods; and

15 ‘‘(2) review and revise such criteria from time

16 to time thereafter, but in no event less than once

17 every 5 years.

18 ‘‘SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.

19 ‘‘(a) MONITORING.—Within 18 months after the date

20 of enactment of this title, the Administrator shall publish

21 regulations requiring monitoring by States of those coastal

22 recreation waters and beaches open for use by the public

23 for compliance with applicable water quality criteria and

24 protection of public safety. Monitoring requirements es-
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1 tablished pursuant to this subsection shall specify, at a

2 minimum—

3 ‘‘(1) available monitoring methods to be used

4 by States;

5 ‘‘(2) the frequency and location of monitoring

6 based on—

7 ‘‘(A) the periods of recreational use of

8 such waters;

9 ‘‘(B) the extent and degree of use during

10 such periods; and

11 ‘‘(C) the proximity of coastal recreation

12 waters to known or identified point and

13 nonpoint sources of pollution and in relation to

14 storm events;

15 ‘‘(3) methods for detecting levels of pathogens

16 that are harmful to human health and for identify17 ing short-term increases in pathogens that are harm18 ful to human health in coastal recreation waters, in19 cluding in relation to storm events; and

20 ‘‘(4) conditions and procedures under which dis21 crete areas of coastal recreation waters may be ex22 empted by the Administrator from the monitoring

23 requirements of this subsection, if the Administrator

24 determines that an exemption will not impair compli-
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1 ance with the applicable water quality criteria for

2 those waters and protection of public safety.

3 ‘‘(b) NOTIFICATION.—

4 ‘‘(1) REQUIREMENT.—Regulations published

5 pursuant to subsection (a) shall require States to

6 provide prompt notification to local governments, the

7 public, and the Administrator of an exceedance of

8 applicable water quality criteria for State coastal

9 recreation waters or the immediate likelihood of such

10 an exceedance.

11 ‘‘(2) CONTENTS.—Notification pursuant to this

12 subsection shall include, at a minimum—

13 ‘‘(A) prompt communication of the occur14 rence, nature, extent, location, and substances

15 (including pathogens) of such an exceedance, or

16 the immediate likelihood of such an exceedance,

17 to a designated official of a local government

18 having jurisdiction over land adjoining the

19 coastal recreation waters for which an exceed20 ance is identified; and

21 ‘‘(B) posting of signs for the period during

22 which the exceedance continues, sufficient to

23 give notice to the public of an exceedance of ap24 plicable water quality criteria for such waters
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1 and the potential risks associated with water

2 contact activities in such waters.

3 ‘‘(c) REVIEW AND REVISION OF REGULATIONS.—The

4 Administrator shall review and revise regulations pub5 lished pursuant to this section periodically, but in no event

6 less than once every 5 years.

7 ‘‘(d) STATE IMPLEMENTATION.—A State must imple8 ment a monitoring and notification program that conforms

9 to the regulations issued pursuant to subsections (a) and

(b) not later than 31 10 ⁄2 years after the date of the enact11 ment of this title and revise such program not later than

12 2 years following the date of publication of revisions by

13 the Administrator under subsection (c).

14 ‘‘(e) DELEGATION OF RESPONSIBILITY.—Not later

15 than 18 months after the date of the enactment of this

16 title, the Administrator shall issue guidance establishing

17 core performance measures for testing, monitoring, and

18 notification programs and the delegation of such programs

19 under this section to local government authorities. In the

20 case that such responsibilities are delegated by a State to

21 a local government authority, or have been delegated to

22 a local government authority before such date of enact23 ment, in a manner that, at a minimum, is consistent with

24 the guidance issued by the Administrator, State resources,

25 including grants made under section 706, shall be made
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1 available to the delegated authority for the purpose of pro2 gram implementation.

3 ‘‘(f) FLOATABLE MATERIALS MONITORING PROCE4 DURES.—The Administrator shall provide technical assist5 ance to States for the implementation of uniform assess6 ment and monitoring procedures for floatable materials in

7 coastal recreation waters and specify the conditions under

8 which the presence of floatable material will constitute a

9 threat to public health and safety.

10 ‘‘(g) OCCURRENCE DATABASE.—The Administrator

11 shall establish, maintain, and make available to the public

12 by electronic and other means—

13 ‘‘(1) a national coastal recreation water pollu14 tion occurrence database, using reliable information,

15 including that reported under subsection (b); and

16 ‘‘(2) a listing of those communities complying

17 with the regulations issued under subsections (a)

18 and (b).

19 ‘‘SEC. 705. REPORT TO CONGRESS.

20 ‘‘Not later than 4 years after the date of the enact21 ment of this title, and periodically thereafter, the Adminis22 trator shall submit to Congress a report including—

23 ‘‘(1) recommendations concerning the need for

24 additional water quality criteria and other actions
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1 needed to improve the quality of coastal recreation

2 waters; and

3 ‘‘(2) an evaluation of State efforts to implement

4 this title.

5 ‘‘SEC. 706. GRANTS TO STATES.

6 ‘‘(a) GRANTS.—The Administrator may make grants

7 to States for use in fulfilling requirements established pur8 suant to sections 702 and 704.

9 ‘‘(b) COST SHARING.—The total amount of grants to

10 a State under this section for a fiscal year shall not exceed

11 50 percent of the cost to the State of implementing re12 quirements established pursuant to sections 702 and 704.

13 ‘‘(c) ELIGIBLE STATE.—After the last day of the

31 14 ⁄2-year period beginning on the date of the enactment

15 of this title, the Administrator may make a grant to a

16 State under this section only if the State demonstrates

17 to the satisfaction of the Administrator that it is imple18 menting its monitoring and notification program under

19 section 704.

20 ‘‘SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There is authorized to be appropriated to the

22 Administrator—

23 ‘‘(1) for use in making grants to States under

24 section 706 not more than $9,000,000 for each of

25 fiscal years 2000 through 2004; and
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1 ‘‘(2) for carrying out the other provisions of

2 this title not more than $3,000,000 for each of fiscal

3 years 2000 through 2004.’’.

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