I 

112TH CONGRESS 

1ST SESSION H. R. 3690 

To amend the Federal Water Pollution Control Act relating to beach 

monitoring, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2011 

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 relating 

to beach monitoring, 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 ‘‘Clean Coastal Environ5 ment and Public Health Act of 2011’’. 

6 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

7 (a) MONITORING PROTOCOLS.—Section 406(a)(1)(A) 

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

9 1346(a)(1)(A)) is amended by striking ‘‘methods for monVerDate Mar 15 2010 02:10 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3690.IH H3690

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1 itoring’’ and inserting ‘‘protocols for monitoring that are 

2 most likely to detect pathogenic contamination’’. 

3 (b) SOURCE TRACKING.—Section 406(b) of such Act 

4 (33 U.S.C. 1346(b)) is amended— 

5 (1) by redesignating paragraphs (3) and (4) as 

6 paragraphs (4) and (5), respectively; and 

7 (2) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) SOURCE IDENTIFICATION PROGRAMS.—In 

10 carrying out a monitoring and notification program, 

11 a State or local government may develop and imple12 ment a coastal recreation waters pollution source 

13 identification and tracking program for coastal 

14 recreation waters adjacent to beaches or similar 

15 points of access that are used by the public and are 

16 not meeting applicable water quality standards for 

17 pathogens and pathogen indicators.’’. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 

20 striking ‘‘$30,000,000 for each of fiscal years 2001 

21 through 2005’’ and inserting ‘‘$40,000,000 for each of fis22 cal years 2012 through 2016’’. 


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1 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS2 MENT AND COASTAL HEALTH ACT. 

3 Section 8 of the Beaches Environmental Assessment 

4 and Coastal Health Act of 2000 (Public Law 106–284) 

5 is amended by striking ‘‘2005’’ and inserting ‘‘2016’’. 

6 SEC. 4. STATE REPORTS. 

7 Section 406(b)(4)(A)(ii) of the Federal Water Pollu8 tion Control Act (as redesignated by section (2)(b)(1) of 

9 this Act) is amended by striking ‘‘public’’ and inserting 

10 ‘‘public and all environmental agencies of the State with 

11 authority to prevent or treat sources of pathogenic con12 tamination in coastal recreation waters’’. 

13 SEC. 5. USE OF RAPID TESTING METHODS. 

14 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

15 PROGRAMS.—Section 406(c)(4)(A) of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is 

17 amended by striking ‘‘methods’’ and inserting ‘‘methods, 

18 including a rapid testing method after the last day of the 

19 one-year period following the date of validation of that 

20 rapid testing method by the Administrator,’’. 

21 (b) REVISED CRITERIA.—Section 304(a)(9)(A) of 

22 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strik23 ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in24 cluding rapid testing methods’’. 

25 (c) VALIDATION AND USE OF RAPID TESTING METH26 ODS.— 


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1 (1) VALIDATION OF RAPID TESTING METH2 ODS.—Not later than October 15, 2014, the Admin3 istrator of the Environmental Protection Agency (in 

4 this Act referred to as the ‘‘Administrator’’) shall 

5 complete an evaluation and validation of a rapid 

6 testing method for the water quality criteria and 

7 standards for pathogens and pathogen indicators de8 scribed in section 304(a)(9)(A) of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1314(a)(9)(A)). 

10 (2) GUIDANCE FOR USE OF RAPID TESTING

11 METHODS.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after completion of the validation under 

14 paragraph (1), and after providing notice and 

15 an opportunity for public comment, the Admin16 istrator shall publish guidance for the use at 

17 coastal recreation waters adjacent to beaches or 

18 similar points of access that are used by the 

19 public of the rapid testing method that will en20 hance the protection of public health and safety 

21 through rapid public notification of any exceed22 ing of applicable water quality standards for 

23 pathogens and pathogen indicators. 

24 (B) PRIORITIZATION.—In developing such 

25 guidance, the Administrator shall require the 


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1 use of the rapid testing method at those beach2 es or similar points of access that are the most 

3 used by the public. 

4 (d) DEFINITION.—Section 502 of such Act (33 

5 U.S.C. 1362) is amended by adding at the end the fol6 lowing: 

7 ‘‘(26) RAPID TESTING METHOD.—The term 

8 ‘rapid testing method’ means a method of testing 

9 the water quality of coastal recreation waters for 

10 which results are available as soon as practicable 

11 and not more than 6 hours after the commencement 

12 of the rapid testing method in the laboratory.’’. 

13 (e) REVISIONS TO RAPID TESTING METHODS.— 

14 (1) IN GENERAL.—Upon completion of the vali15 dation required under subsection (c)(1), and every 5 

16 years thereafter, the Administrator shall identify 

17 and review potential rapid testing methods for exist18 ing water quality criteria for pathogens and patho19 gen indicators for coastal recreation waters. 

20 (2) REVISIONS TO RAPID TESTING METHODS.— 

21 If a rapid testing method identified under paragraph 

22 (1) will make results available in less time and im23 prove the accuracy and reproducibility of results 

24 when compared to the existing rapid testing method, 

25 the Administrator shall complete an evaluation and 


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1 validation of the rapid testing method as expedi2 tiously as practicable. 

3 (3) REPORTING REQUIREMENT.—Upon comple4 tion of the review required under paragraph (1), the 

5 Administrator shall publish in the Federal Register 

6 the results of the review, including information on 

7 any potential rapid testing method proposed for 

8 evaluation and validation under paragraph (2). 

9 (4) DECLARATION OF GOALS FOR RAPID TEST10 ING METHODS.—It is a national goal that by 2019, 

11 a rapid testing method for testing water quality of 

12 coastal recreation waters be developed that can 

13 produce accurate and reproducible results in not 

14 more than 2 hours after commencement of the rapid 

15 testing method. 

16 SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL 

17 AGENCIES. 

18 Section 406(c) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1346(c)) is amended— 

20 (1) in paragraph (5) by striking ‘‘prompt com21 munication’’ and inserting ‘‘communication, within 

22 24 hours of the receipt of the results of a water 

23 quality sample,’’; 

24 (2) by striking paragraph (5)(A) and inserting 

25 the following: 


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1 ‘‘(A) in the case of— 

2 ‘‘(i) any State in which the Adminis3 trator is administering the program under 

4 section 402, the Administrator, in such 

5 form as the Administrator determines to 

6 be appropriate; and 

7 ‘‘(ii) any State other than a State to 

8 which clause (i) applies, all agencies of the 

9 State government with authority to require 

10 the prevention or treatment of the sources 

11 of coastal recreation water pollution; and’’; 

12 (3) by redesignating paragraph (6) and (7) as 

13 paragraphs (7) and (8), respectively; and 

14 (4) by inserting after paragraph (5) the fol15 lowing: 

16 ‘‘(6) measures for an annual report to the Ad17 ministrator, in such form as the Administrator de18 termines appropriate, on the occurrence, nature, lo19 cation, pollutants involved, and extent of any exceed20 ing of applicable water quality standards for patho21 gens and pathogen indicators;’’. 

22 SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. 

23 Section 406(c) of the Federal Water Pollution Con24 trol Act (33 U.S.C. 1346(c)) is amended— 


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1 (1) in paragraph (7) (as redesignated by section 

2 (6)(3) of this Act)— 

3 (A) by striking ‘‘the posting’’ and inserting 

4 ‘‘the immediate posting’’; and 

5 (B) by striking ‘‘and’’ at the end; 

6 (2) by striking the period at the end of para7 graph (8) (as redesignated by section 6(3) of this 

8 Act) and inserting a semicolon; and 

9 (3) by adding at the end the following: 

10 ‘‘(9) the availability of a geographic information 

11 system database that such State or local government 

12 program shall use to inform the public about coastal 

13 recreation waters and that— 

14 ‘‘(A) is publicly accessible and searchable 

15 on the Internet; 

16 ‘‘(B) is organized by beach or similar point 

17 of access; 

18 ‘‘(C) identifies applicable water quality 

19 standards, monitoring protocols, sampling plans 

20 and results, and the number and cause of coast21 al recreation water closures and advisory days; 

22 and 

23 ‘‘(D) is updated within 24 hours of the 

24 availability of revised information; and 


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1 ‘‘(10) measures to ensure that closures or 

2 advisories are made or issued within 2 hours after 

3 the receipt of the results of a water quality sample 

4 that exceeds applicable water quality standards for 

5 pathogens and pathogen indicators.’’. 

6 SEC. 8. COMPLIANCE REVIEW. 

7 Section 406(h) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1346(h)) is amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively; 

11 (2) by moving such subparagraphs 2 ems to the 

12 right; 

13 (3) by striking ‘‘In the’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—In the’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(2) COMPLIANCE REVIEW.—On or before July 

18 31 of each calendar year beginning after the date of 

19 enactment of this paragraph, the Administrator 

20 shall— 

21 ‘‘(A) prepare a written assessment of com22 pliance with all statutory and regulatory re23 quirements of this section for each State and 

24 local government and of compliance with condiVerDate Mar 15 2010 02:10 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3690.IH H3690

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1 tions of each grant made under this section to 

2 a State or local government; 

3 ‘‘(B) notify the State or local government 

4 of such assessment; and 

5 ‘‘(C) make each of the assessments avail6 able to the public in a searchable database on 

7 the Internet on or before December 31 of such 

8 calendar year. 

9 ‘‘(3) CORRECTIVE ACTION.—If a State or local 

10 government that the Administrator notifies under 

11 paragraph (2) is not in compliance with any require12 ment or grant condition described in paragraph (2) 

13 fails to take such action as may be necessary to 

14 comply with such requirement or condition within 

15 one year after the date of notification, any grants 

16 made under subsection (b) to the State or local gov17 ernment, after the last day of such one-year period 

18 and while the State or local government is not in 

19 compliance with all requirements and grant condi20 tions described in paragraph (2), shall have a Fed21 eral share of not to exceed 50 percent. 

22 ‘‘(4) GAO REVIEW.—Not later than December 

23 31 of the third calendar year beginning after the 

24 date of enactment of this paragraph, the Comp25 troller General shall conduct a review of the activiVerDate Mar 15 2010 02:10 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3690.IH H3690

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1 ties of the Administrator under paragraphs (2) and 

2 (3) during the first and second calendar years begin3 ning after such date of enactment and submit to 

4 Congress a report on the results of such review.’’. 

5 SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 

6 PATHOGEN LIST. 

7 Section 304(a)(9) of the Federal Water Pollution 

8 Control Act (33 U.S.C. 1314(a)(9)) is amended by adding 

9 at the end the following: 

10 ‘‘(C) PUBLICATION OF PATHOGEN AND

11 PATHOGEN INDICATOR LIST.—Upon publication 

12 of the new or revised water quality criteria 

13 under subparagraph (A), the Administrator 

14 shall publish in the Federal Register a list of all 

15 pathogens and pathogen indicators studied 

16 under section 104(v).’’. 

17 SEC. 10. ADOPTION OF NEW OR REVISED CRITERIA AND 

18 STANDARDS. 

19 Section 303(i)(2)(A) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by 

21 striking ‘‘paragraph (1)(A)’’ each place it appears and in22 serting ‘‘paragraph (1)’’. 

23 SEC. 11. NATIONAL LIST OF BEACHES. 

24 Section 406(g)(3) of the Federal Water Pollution 

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1 ing ‘‘The Administrator’’ and all that follows through the 

2 period and inserting ‘‘Within 12 months after the date of 

3 the enactment of the Clean Coastal Environment and Pub4 lic Health Act of 2011, and biennially thereafter, the Ad5 ministrator shall update the list described in paragraph 

6 (1).’’. 

7 SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 

8 CONTAMINATION OF COASTAL RECREATION 

9 WATERS. 

10 (a) STUDY.—The Administrator shall conduct a 

11 study on the long–term impact of climate change on path12 ogenic contamination of coastal recreation waters. 

13 (b) REPORT.— 

14 (1) IN GENERAL.—Not later than one year 

15 after the date of enactment of this Act, the Adminis16 trator shall submit to Congress a report on the re17 sults of the study conducted under subsection (a). 

18 (2) INFORMATION ON POTENTIAL CONTAMINA19 TION IMPACTS.—The report shall include informa20 tion on the potential impacts of pathogenic contami21 nation on ground and surface water resources as 

22 well as public and ecosystem health in coastal com23 munities. 

24 (3) FEDERAL ACTIONS.—The report shall high25 light necessary Federal actions to help advance the 


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1 availability of information and tools to assess and 

2 mitigate these effects in order to protect public and 

3 ecosystem health. 

4 (4) CONSULTATION.—In developing the report, 

5 the Administrator shall work in consultation with 

6 agencies active in the development of the National 

7 Water Quality Monitoring Network and the imple8 mentation of the Ocean Research Priorities Plan and 

9 Implementation Strategy. 

10 SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 

11 RECREATION WATERS. 

12 (a) STUDY.—The Administrator shall conduct a 

13 study to review the available scientific information per14 taining to the impacts of excess nutrients on coastal recre15 ation waters. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of enactment of this Act, the Adminis19 trator shall transmit to the Committee on Transpor20 tation and Infrastructure of the House of Represent21 atives and the Committee on Environment and Pub22 lic Works of the Senate a report on the results of 

23 the study conducted under subsection (a). 

24 (2) IMPACTS.—Such report shall include infor25 mation on any adverse impacts of excess nutrients 


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1 on coastal recreation waters, including adverse im2 pacts caused by algal blooms resulting from excess 

3 nutrients. 

4 (3) RECOMMENDATIONS.—Such report shall in5 clude recommendations for action to address adverse 

6 impacts of excess nutrients and algal blooms on 

7 coastal recreation waters, including the establish8 ment and implementation of numeric water quality 

9 criteria for nutrients. 

10 (4) CONSULTATION.—In developing such re11 port, the Administrator shall consult with the heads 

12 of other appropriate Federal agencies (including the 

13 National Oceanic and Atmospheric Administration), 

14 States, and local government entities. 

Æ 


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