89–010 

Calendar No. 353 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–170 

CLEAN COASTAL ENVIRONMENT AND PUBLIC HEALTH 

ACT OF 2009 

APRIL 20, 2010.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany S. 878] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 878) to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, reports 

favorably thereon with an amendment and recommends that the 

bill, as amended, do pass. 

PURPOSES OF THE LEGISLATION

The purposes of the Clean Coastal Environment and Public 

Health Act of 2009 (the Act) are to prescribe the use of rapid testing methods for the testing of pollutants in coastal recreation waters; mandate public notice requirements; expand the scope of 

grants to include pollution tracking and remediation activities; require studies on impacts of climate change and nutrients on pollution of coastal recreation waters; require an assessment of the 

grant distribution formula; and increase the authorization limit 

from $30,000,000 to $60,000,000 for such activities. 

GENERAL STATEMENT AND BACKGROUND

The Act amends the Federal Water Pollution Control Act to update the testing methods for water-borne pathogens and other conVerDate Nov 24 2008 00:31 Apr 22, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR170.XXX SR170

jbell on DSKDVH8Z91PROD with REPORTS
2 

taminants with potential to harm human health in costal recreation waters. The Act also reauthorizes the Beaches Environmental 

Assessment and Coastal Health Act of 2000 (BEACH Act), improves source identification and prevention efforts, ensures prompt 

communication with state environmental agencies, and improves 

state and local coastal recreation water quality programs. 

In 2000, when the BEACH Act became law, the Act’s goal was 

to improve public awareness of water quality at our nation’s beaches. According to the U.S. Environmental Protection Agency (EPA), 

research has found that contact with contaminated water can lead 

to gastrointestinal disorders, ear or skin infections, and respiratory 

diseases if contaminated water is inhaled. The pathogens responsible for waterborne diseases can be bacteria, viruses, protozoa, 

fungi, and other parasites. Public health risks are especially significant for sensitive subpopulations, such as children and the elderly. 

The BEACH Act of 2000 was successful at prompting states to 

adopt water quality criteria and in strengthening public reporting 

requirements. However, public health risks from swimming in polluted coastal waters continue to be an issue in certain areas of the 

United States. A 2007 United States Government Accountability 

Office report found that states’ monitoring and notification programs varied considerably in the frequency with which beaches 

were monitored, the monitoring methods used, and how the public 

was notified of potential health risks—differences due, in part, to 

the BEACH Act funding levels. The report also found that while 

the frequency of water quality monitoring increased nationwide, 

the underlying causes of contamination continue to remain largely 

unknown. 

The Clean Coastal Environment and Public Health Act of 2009 

expands upon existing law by requiring the use of rapid testing 

methods and additional notification standards. Unlike existing 

methods, which permit as many as three days to pass before water 

testing results are communicated and decisions to close down 

beaches are made, the Act mandates rapid testing methods to 

quickly test water quality. Rapid testing methods are defined as 

those that produce results within four hours after receipt of the applicable sample by the testing facility. Additionally, the Act requires that information obtained from these test methods are communicated to the public within two hours of receipt of the results 

of a water quality sample via a searchable database. This is a clarification of existing law, which does not specify a time or method 

for the communication to occur. This legislation ensures more rapid 

decisions will be made about beach closures in order to better protect public health. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the Act may be cited as the ‘‘Clean Coastal Environment and Public Health Act of 2009’’. 

Section 2. Federal Water Pollution Control Act amendments 

Section 2 amends sections 303 and 304 of the Federal Water Pollution Control Act (33 U.S.C. 1313, 1314) to ensure adoption of new 


jbell on DSKDVH8Z91PROD with REPORTS
3 

and revised water quality criteria, incorporation of rapid testing 

methods, and publication of pathogen and pathogen indicator lists. 

This section amends Section 406 of the Federal Water Pollution 

Control Act (33 U.S.C. 1346) to require monitoring and notification 

programs that receive funding under this section to include monitoring, public notification, source tracking and sanitary surveys, 

and to allow for prevention efforts to address identified sources of 

contamination in coastal recreation waters. 

This section also amends Section 406 to specify that a state or 

local government program must identify rapid testing methods to 

test water quality to receive grant money under this Act. Rapid 

testing is defined as a method of testing for which results are available as soon as practicable and not more than four hours after receipt of the applicable sample by the testing facility. The Administrator would be required to validate rapid testing methods by October 15, 2012. 

Section 2 specifies that to receive grant money, a state or local 

government program must disclose beach water quality violations, 

within two hours of receipt of the results of a water quality sample, 

to the public and relevant state agencies that have the authority 

to prevent or treat beach water pollution. Programs would be required to ensure the availability of a publicly accessible and searchable global information system database that is updated within 24 

hours of the availability of revised information, organized by beach, 

and that identifies applicable water quality standards, monitoring 

protocols, sampling results, and other pertinent information. 

Within one year after enactment of the Act and biennially thereafter, this section requires EPA to update the National List of 

Beaches. EPA would further be required to complete annual compliance reviews to ensure that programs receiving grant money are 

in compliance with the requirements of this Act and that any 

shortcomings are promptly corrected. If a grantee fails to take corrective action for any requirement or grant condition within one 

year of notification then they would have a federal share of not to 

exceed 50 percent. Within three years, the Government Accountability Office would be required to conduct a review of activities 

under this Act and submit a report to Congress. 

Section 2 increases the authorization for section 406(i) of the 

Federal Water Pollution Control Act from $30 million to $60 million, for each of the fiscal years 2009 through 2013. 

Section 3. Funding for Beaches Environmental Assessment and 

Coastal Health Act 

Section 3 extends the authorization of the BEACH Act to 2013. 

Section 4. Impact of climate change on pollution of coastal recreation waters 

Section 4 requires a study on the long-term impact of climate 

change on pollution of coastal recreation waters—the results of 

which would be published in a report that contains information on 

potential contaminant impacts to coastal communities, monitoring 

requirements, and necessary federal actions. 


jbell on DSKDVH8Z91PROD with REPORTS
4 

Section 5. Impact of nutrients on pollution of coastal recreation waters 

Section 5 requires a study of available scientific information relating to the impacts of nutrient excesses and algal blooms on 

coastal recreation waters—the results of which would be published 

in a report that includes recommendations to address such impacts. 

LEGISLATIVE HISTORY

On April 23, 2009, Senator Lautenberg introduced S. 878. Senators Voinovich, Menendez, Boxer and Merkley are cosponsors to 

the bill. On June 18, 2009, the Environment and Public Works 

Committee held a business meeting to consider the bill. Senator 

Lautenberg offered a substitute amendment to make certain 

changes to the bill, and the amendment was agreed to by voice 

vote. S. 878 was ordered favorably reported as amended by voice 

vote. 

Companion legislation introduced by Rep. Pallone [D–NJ], H.R. 

2093, was ordered to be reported favorably by the House Committee on Transportation and Infrastructure on June 4, 2009. In 

the 110th Congress, similar legislation passed the House of Representatives by voice vote and was reported favorably with amendments by the Committee on July 10, 2008. 

HEARINGS

In the 110th Congress, the Subcommittee on Transportation 

Safety, Infrastructure Security, and Water Quality held a hearing 

entitled, ‘‘Protecting Water Quality at America’s Beaches’’ on June 

27, 2008, at which related legislation was discussed. 

ROLLCALL VOTES

The Committee on Environment and Public Works ordered S. 

878 favorably reported by voice vote on June 18, 2009. No rollcall 

votes were taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes evaluation of the regulatory impact of the reported bill. The Committee finds that this 

legislation, which provides grants and financial assistance to state, 

local and tribal governments for monitoring of coastal recreational 

waters, does not have substantial regulatory impacts. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4), the Committee finds that this legislation does not 

impose intergovernmental mandates or private sector mandates as 

those terms are defined in UMRA. The Congressional Budget Office 

concurs, finding ‘‘S. 878 contains no intergovernmental or privatesector mandates as defined in UMRA and would impose no costs 

on state, local, or tribal governments.’’ 


jbell on DSKDVH8Z91PROD with REPORTS
5 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JULY 6, 2009. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 878, the Clean Coastal 

Environment and Public Health Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 878—Clean Coastal Environment and Public Health Act of 2009 

Summary: S. 878 would authorize the appropriation of $60 million a year over the 2010–2013 period for the water quality program that benefits coastal states under the Clean Water Act. 

Under this program, the Environmental Protection Agency (EPA) 

provides grants to state or local governments to support their efforts to monitor the quality of coastal waters and notify the public 

when beach water does not meet established standards. This legislation also would authorize the appropriation of such sums as necessary for EPA to manage the program through 2013. 

Assuming appropriation of the authorized funds (including 

amounts necessary for administrative costs), CBO estimates that 

implementing S. 878 would cost $244 million over the 2010–2014 

period. Enacting the bill would not affect direct spending or revenues. 

S. 878 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 878 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Beach Protection Grants: 

Authorization Level .................................................. 60 60 60 60 0 240 

Estimated Outlays ................................................... 48 60 60 60 12 240 

Administrative Support: 

Estimated Authorization Level ................................. 1 1 1 1 0 4 

Estimated Outlays ................................................... 1 1 1 1 0 4 

Total Changes: 

Estimated Authorization Level ........................ 61 61 61 61 0 244 

Estimated Outlays .......................................... 49 61 61 61 12 244 

Basis of estimate: For this estimate, CBO assumes that S. 878 

will be enacted near the end of fiscal year 2009, that the specified 

amounts will be appropriated in each year starting in 2010, and 

that outlays will follow historical spending patterns for the existing 

program. In 2009, about $10 million was appropriated to EPA for 


jbell on DSKDVH8Z91PROD with REPORTS
6 

grants to support efforts to monitor beach water. CBO estimates 

that implementing this legislation would cost $244 million over the 

next five years, including $4 million to administer the grant program. 

Intergovernmental and private-sector impact: S. 878 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Previous CBO estimate: On June 10, 2009, CBO transmitted a 

cost estimate for H.R. 2093, the Clean Coastal Environmental and 

Public Health Act of 2009, as ordered reported by the House Committee on Transportation and Infrastructure on June 4, 2009. Both 

H.R. 2093 and S. 878 would reauthorize the Beaches Environmental Assessment and Coastal Health Act, but H.R. 2093 would 

authorize grants of $40 million a year through 2014. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman; Impact on State, Local, and Tribal Governments: Ryan Miller; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 


jbell on DSKDVH8Z91PROD with REPORTS
(7) 

MINORITY VIEWS OF SENATOR JAMES M. INHOFE 

I appreciate the success of states and communities providing appropriate public health information to citizens swimming and recreating at our nation’s beaches. The BEACH Act authorization ended 

in 2005 and I agree that reauthorization is appropriate. However, 

S. 878, the Clean Coastal Environment and Public Health Act of 

2009 (the Act), has significant problems accompanying the reauthorization language. 

The Clean Coastal Environment and Public Health Act of 2009 

doubles the authorization and greatly expands the original intent 

of the BEACH Act of 2000 grant program. To cover the cost of this 

expansion, the bill doubles the authorization from $30,000,000 to 

$60,000,000. However, the current funding levels have been stagnant at an appropriations average of $10,000,000, which is only 1/ 

3 the current authorization ceiling. The first step to controlling 

government spending is for the authorizers to set reasonable and 

achievable authorization levels. Additionally, I believe any grants 

authorized for pollution remediation should leverage state and local 

funding sources by requiring a non-federal cost share analogous to 

current grant programs outlined in the Federal Water Pollution 

Control Act (i.e., Section 205 Capitalization Grants). 

Since 2000, the legislation has provided authority and funding 

for states and local governments to monitor and issue public health 

advisories when beach water is deemed unsafe for human contact. 

This legislation increases the authorized activities under the grants 

to include the prescribed use of rapid testing methods for pollutants in coastal recreation waters, mandates strict public notice requirements, and expands the scope of grants to include pollution 

tracking and remediation activities. The increase in scope and specificity of the requirements of the bill will likely present significant 

challenges to state and local governments that implement the 

BEACH Act. It seems very likely that states will not be able to 

meet one or more of the new mandates for grants, and EPA has 

little flexibility to assist states. 

Additionally, Congress provides funding for remediation through 

a variety of grants, including State Revolving Funds, and for water 

discharge and pollution tracking through the Environmental Protection Agency’s annual enforcement budget. I believe these inclusions to the BEACH Act are duplicative. 

The rapid testing requirement limits EPA to tests that have a 4- 

hour turn around. This could potentially limit other testing methods that may be more accurate or have other positive benefits. 

EPA, in coordination with stakeholders, has committed to updating 

its water quality criteria by 2012. This legislation should be flexible 

enough to work with updates in water quality criteria, technology 

or science and should not impose potentially substantial testing 


jbell on DSKDVH8Z91PROD with REPORTS
8 

costs to state and local governments when testing methods and 

testing equipment requirements could change. 

SENATOR JAMES M. INHOFE. 


jbell on DSKDVH8Z91PROD with REPORTS
9 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

FEDERAL WATER POLLUTION CONTROL ACT 

* * * * * * * 

SEC. 301. (a) Except as in compliance with this section and sections 302, 306, 307, 318, 402, and 404 of this Act, the discharge of 

any pollutant by any person shall be unlawful. 

(b) In order to carry out the objective of this Act there shall be 

achieved— 

(1)(A) * * * 

* * * * * * * 

SEC. 303. (a)(1) In order to carry out the purpose of this Act, any 

water quality standard applicable to interstate waters which was 

adopted by any State and submitted to, and approved by, or is 

awaiting approval by, the Administrator pursuant to this Act as in 

effect immediately prior to the date of enactment of the Federal 

Water Pollution Control Act Amendments of 1972, shall remain in 

effect unless the Administrator determined that such standard is 

not consistent with the applicable requirements of this Act as in effect immediately prior to the date of enactment of the Federal 

Water Pollution Control Act Amendments of 1972. If the Administrator makes such a determination he shall, within three months 

after the date of enactment of the Federal Water Pollution Control 

Act Amendments of 1972, notify the State and specify the changes 

needed to meet such requirements. If such changes are not adopted 

by the State within ninety days after the date of such notification, 

the Administrator shall promulgate such changes in accordance 

with subsection (b) of this section. 

(2) * * * 

* * * * * * * 

(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 


jbell on DSKDVH8Z91PROD with REPORTS
10 

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 øparagraph 

(1)(A)¿ paragraph (1) 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 øparagraph (1)(A)¿ paragraph (1) for coastal 

recreation waters of the State. 

* * * * * * * 

SEC. 304. (a)(1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, 

shall develop and publish, within one year after the date of enactment of this title (and from time to time thereafter revise) criteria 

for water quality accurately reflecting the latest scientific knowledge (A) on the kind and extent of all identifiable effects on health 

and welfare including, but not limited to, plankton, fish, shellfish, 

wildlife, plant life, shorelines, beaches, esthetics, and recreation 

which may be expected from the presence of pollutants in any body 

of water, including ground water; (B) on the concentration and dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (C) on the effects of pollutants on 

biological community diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and 

rates of organic and inorganic sedimentation for varying types of 

receiving waters. 

(2) * * * 

* * * * * * * 

(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 

ømethods, as appropriate¿ methods, including rapid testing 

methods), 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, the Administrator shall review and, as necessary, revise the water 

quality criteria. 

(C) PUBLICATION OF PATHOGEN AND PATHOGEN INDICATOR

LIST.—Upon publication of the new or revised water quality criteria under subparagraph (A), the Administrator shall publish 

in the Federal Register a list of all pathogens and pathogen inVerDate Nov 24 2008 00:31 Apr 22, 2010 Jkt 089010 PO 00000 Frm 00010 Fmt 6602 Sfmt 6603 E:\HR\OC\SR170.XXX SR170

jbell on DSKDVH8Z91PROD with REPORTS
11 

dicators studied in developing the new or revised water quality 

criteria. 

* * * * * * 

* 

SEC. 401. (a)(1)* * * 

* * * * * * * 

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 ømethods for monitoring¿ methods for monitoring protocols that are most likely to detect pathogenic 

contamination) 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 


jbell on DSKDVH8Z91PROD with REPORTS
12 

subject to the program for monitoring and notification 

for which the grant is provided that specifies any 

coastal recreation waters for which fiscal constraints 

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 øpublic¿ public and 

all environmental agencies of the State with authority 

to prevent or treat sources of pathogenic contamination 

in coastal recreation waters 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. 

(5) CONTENTS OF MONITORING AND NOTIFICATION PRO- GRAMS.—For the purposes of this section, a program for moniVerDate Nov 24 2008 00:31 Apr 22, 2010 Jkt 089010 PO 00000 Frm 00012 Fmt 6602 Sfmt 6603 E:\HR\OC\SR170.XXX SR170

jbell on DSKDVH8Z91PROD with REPORTS
13 

toring and notification shall include monitoring consistent with 

the performance criteria published by the Administrator under 

subsection (a), public notification, source tracking, sanitary surveys, and prevention efforts to address identified sources of contamination by pathogens and pathogen indicators in coastal 

recreation waters adjacent to beaches or similar points of access 

that are used by the public. 

* * * * * * 

* 

(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; 

(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 ømethods¿ methods, including the use of a rapid 

testing method after the last day of the 1-year period following 

the date of validation of that rapid testing method by the Administrator, to be used for detecting levels of pathogens and 

pathogen indicators that are harmful to human health; and 

* * * * * * * 

(5) measures for øprompt communication¿ communication, 

within 2 hours of the receipt of the results of a water quality 

sample, 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— 

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

(A)(i) in the case of any State in which the Administrator 

is administering the program under section 402, the Administrator, in such form as the Administrator determines 

to be appropriate; and 

(ii) in the case of any State other than a State to which 

clause (i) applies, all agencies of the State government with 

authority to require the prevention or treatment of the 

sources of coastal recreation water pollution; 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; 


jbell on DSKDVH8Z91PROD with REPORTS
14 

(6) measures for an annual report to the Administrator, in 

such form as the Administrator determines to be appropriate, 

on the occurrence, nature, location, pollutants involved, and extent of any exceedance of applicable water quality standards for 

pathogens and pathogen indicators; 

ø(6)¿ (7) measures for øthe posting¿ the immediate 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; øand¿ 

ø(7)¿ (8) 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 

standardsø.¿; 

(9) the availability of a geographical information system 

database that the State or local government program shall use 

to inform the public about coastal recreation waters and that— 

(A) is publicly accessible and searchable on the Internet; 

(B) is organized by beach or similar point of access; 

(C) identifies applicable water quality standards, monitoring protocols, sampling plans and results, and the number and cause of coastal recreation water closures and advisory days; and 

(D) is updated within 24 hours of the availability of revised information; 

(10) measures to ensure that closures or advisories are made 

or issued within 2 hours after the receipt of the results of a 

water quality sample exceeding applicable water quality standards for pathogens and pathogen indicators; 

(11) measures that inform the public of identified sources of 

pathogenic contamination; and 

(12) analyses of monitoring protocols to determine which protocols are most likely to detect pathogenic contamination. 

* * * * * * * 

(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— 


jbell on DSKDVH8Z91PROD with REPORTS
15 

(A) publication in the Federal Register; and 

(B) electronic media. 

ø(3) UPDATES.—The Administrator shall update the list described in paragraph (1) periodically as new information becomes available.¿ 

(3) UPDATES.—Not later than 1 year after the date of enactment of the Clean Coastal Environment and Public Health Act 

of 2009, and biennially thereafter, the Administrator shall update the list described in paragraph (1). 

(h) EPA IMPLEMENTATION.—øIn the¿ 

(1) IN GENERAL.—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)— 

ø(1)¿ 

(A) to conduct monitoring and notification; and 

ø(2)¿ 

(B) for related salaries, expenses, and travel. 

(2) COMPLIANCE REVIEW.—On or before July 31 of each calendar year beginning 18 months after the date of enactment of 

the Clean Coastal Environment and Public Health Act of 2009, 

the Administrator shall— 

(A) prepare a written assessment of compliance with— 

(i) all statutory and regulatory requirements of this 

section for each State and local government; and 

(ii) conditions of each grant made under this section 

to a State or local government; 

(B) notify the State or local government of each such assessment; and 

(C) make each of the assessments available to the public 

in a searchable database on the Internet on or before December 31 of the applicable calendar year. 

(3) CORRECTIVE ACTION.—If a State or local government that 

the Administrator notifies under paragraph (2) is not in compliance with any requirement or grant condition described in 

paragraph (2) and fails to take such action as is necessary to 

comply with the requirement or condition by the date that is 1 

year after the date of notification, any grants made under subsection (b) to the State or local government, after the last day 

of that 1-year period and while the State or local government 

is not in compliance with all requirements and grant conditions 

described in paragraph (2), shall have a Federal share of not 

to exceed 50 percent. 

(4) GAO REVIEW.—Not later than December 31 of the third 

calendar year beginning after the date of enactment of the 

Clean Coastal Environment and Public Health Act of 2009, the 

Comptroller General shall— 


jbell on DSKDVH8Z91PROD with REPORTS
16 

(A) conduct a review of the activities of the Administrator 

under paragraphs (2) and (3) during the first and second 

calendar years beginning after that date of enactment; and 

(B) submit to Congress a report on the results of the review. 

(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), ø$30,000,000 for each of fiscal 

years 2001 through 2005¿ $60,000.000 for each fiscal years 2009 

through 2013. SEC. 501. (a) The Administrator is authorized to prescribe such 

regulations as are necessary to carry out his functions under this 

Act. 

(b) * * * 

* * * * * * * 

SEC. 502. Except as otherwise specifically provided, when used in 

this Act: 

(1) The term ‘‘State water pollution control agency’’ means 

the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. 

(2) * * * 

* * * * * * * 

(26) RAPID TESTING METHOD.—The term ‘‘rapid testing method’’ means a method of testing the water quality of coastal 

recreation waters for which results are available as soon as 

practicable and not more than 4 hours after receipt of the applicable sample by the testing facility. 

BEACHES ENVIRONMENTAL ASSESSMENT AND 

COASTAL HEALTH ACT OF 2000 

* * * * * * * 

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 ø2005¿ 2013. 

* * * * * * * 

Æ 


jbell on DSKDVH8Z91PROD with REPORTS