I 

113TH CONGRESS 

1ST SESSION H. R. 2601 

To amend the Federal Water Pollution Control Act relating to beach 

monitoring, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2013 

Mr. PALLONE (for himself and Mrs. CAPPS) 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 ‘‘Beach Act of 2013’’. 

5 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

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

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

8 1346(a)(1)(A)) is amended by striking ‘‘methods for mon9 itoring’’ and inserting ‘‘protocols for monitoring that are 

10 most likely to detect pathogenic contamination’’. 


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

2 (33 U.S.C. 1346(b)) is amended— 

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

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

5 (2) by inserting after paragraph (2) the fol6 lowing: 

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

8 carrying out a monitoring and notification program, 

9 a State or local government may develop and imple10 ment a coastal recreation waters pollution source 

11 identification and tracking program for coastal 

12 recreation waters adjacent to beaches or similar 

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

14 not meeting applicable water quality standards for 

15 pathogens and pathogen indicators.’’. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 

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

19 through 2005’’ and inserting ‘‘$40,000,000 for each of fis20 cal years 2014 through 2018’’. 

21 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS22 MENT AND COASTAL HEALTH ACT. 

23 Section 8 of the Beaches Environmental Assessment 

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

25 is amended by striking ‘‘2005’’ and inserting ‘‘2018’’. 


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1 SEC. 4. STATE REPORTS. 

2 Section 406(b)(4)(A)(ii) of the Federal Water Pollu3 tion Control Act (as redesignated by section (2)(b)(1) of 

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

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

6 authority to prevent or treat sources of pathogenic con7 tamination in coastal recreation waters’’. 

8 SEC. 5. USE OF RAPID TESTING METHODS. 

9 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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

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

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

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

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

15 rapid testing method by the Administrator,’’. 

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

17 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strik18 ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in19 cluding rapid testing methods’’. 

20 (c) VALIDATION AND USE OF RAPID TESTING METH21 ODS.— 

22 (1) VALIDATION OF RAPID TESTING METH23 ODS.—Not later than October 15, 2014, the Admin24 istrator of the Environmental Protection Agency (in 

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

26 complete an evaluation and validation of a rapid 


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1 testing method for the water quality criteria and 

2 standards for pathogens and pathogen indicators de3 scribed in section 304(a)(9)(A) of the Federal Water 

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

5 (2) GUIDANCE FOR USE OF RAPID TESTING

6 METHODS.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after completion of the validation under 

9 paragraph (1), and after providing notice and 

10 an opportunity for public comment, the Admin11 istrator shall publish guidance for the use at 

12 coastal recreation waters adjacent to beaches or 

13 similar points of access that are used by the 

14 public of the rapid testing method that will en15 hance the protection of public health and safety 

16 through rapid public notification of any exceed17 ing of applicable water quality standards for 

18 pathogens and pathogen indicators. 

19 (B) PRIORITIZATION.—In developing such 

20 guidance, the Administrator shall require the 

21 use of the rapid testing method at those beach22 es or similar points of access that are the most 

23 used by the public. 


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

2 U.S.C. 1362) is amended by adding at the end the fol3 lowing: 

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

5 ‘rapid testing method’ means a method of testing 

6 the water quality of coastal recreation waters for 

7 which results are available as soon as practicable 

8 and not more than 6 hours after the commencement 

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

10 (e) REVISIONS TO RAPID TESTING METHODS.— 

11 (1) IN GENERAL.—Upon completion of the vali12 dation required under subsection (c)(1), and every 5 

13 years thereafter, the Administrator shall identify 

14 and review potential rapid testing methods for exist15 ing water quality criteria for pathogens and patho16 gen indicators for coastal recreation waters. 

17 (2) REVISIONS TO RAPID TESTING METHODS.— 

18 If a rapid testing method identified under paragraph 

19 (1) will make results available in less time and im20 prove the accuracy and reproducibility of results 

21 when compared to the existing rapid testing method, 

22 the Administrator shall complete an evaluation and 

23 validation of the rapid testing method as expedi24 tiously as practicable. 


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1 (3) REPORTING REQUIREMENT.—Upon comple2 tion of the review required under paragraph (1), the 

3 Administrator shall publish in the Federal Register 

4 the results of the review, including information on 

5 any potential rapid testing method proposed for 

6 evaluation and validation under paragraph (2). 

7 (4) DECLARATION OF GOALS FOR RAPID TEST8 ING METHODS.—It is a national goal that by 2019, 

9 a rapid testing method for testing water quality of 

10 coastal recreation waters be developed that can 

11 produce accurate and reproducible results in not 

12 more than 2 hours after commencement of the rapid 

13 testing method. 

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

15 AGENCIES. 

16 Section 406(c) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1346(c)) is amended— 

18 (1) in paragraph (5) by striking ‘‘prompt com19 munication’’ and inserting ‘‘communication, within 

20 24 hours of the receipt of the results of a water 

21 quality sample,’’; 

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

23 the following: 

24 ‘‘(A) in the case of— 


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1 ‘‘(i) any State in which the Adminis2 trator is administering the program under 

3 section 402, the Administrator, in such 

4 form as the Administrator determines to 

5 be appropriate; and 

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

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

8 State government with authority to require 

9 the prevention or treatment of the sources 

10 of coastal recreation water pollution; and’’; 

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

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

13 (4) by inserting after paragraph (5) the fol14 lowing: 

15 ‘‘(6) measures for an annual report to the Ad16 ministrator, in such form as the Administrator de17 termines appropriate, on the occurrence, nature, lo18 cation, pollutants involved, and extent of any exceed19 ing of applicable water quality standards for patho20 gens and pathogen indicators;’’. 

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

22 Section 406(c) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1346(c)) is amended— 

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

25 (6)(3) of this Act)— 


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

2 ‘‘the immediate posting’’; and 

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

4 (2) by striking the period at the end of para5 graph (8) (as redesignated by section 6(3) of this 

6 Act) and inserting a semicolon; and 

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

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

9 system database that such State or local government 

10 program shall use to inform the public about coastal 

11 recreation waters and that— 

12 ‘‘(A) is publicly accessible and searchable 

13 on the Internet; 

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

15 of access; 

16 ‘‘(C) identifies applicable water quality 

17 standards, monitoring protocols, sampling plans 

18 and results, and the number and cause of coast19 al recreation water closures and advisory days; 

20 and 

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

22 availability of revised information; and 

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

24 advisories are made or issued within 2 hours after 

25 the receipt of the results of a water quality sample 


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1 that exceeds applicable water quality standards for 

2 pathogens and pathogen indicators.’’. 

3 SEC. 8. COMPLIANCE REVIEW. 

4 Section 406(h) of the Federal Water Pollution Con5 trol Act (33 U.S.C. 1346(h)) is amended— 

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

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

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

9 right; 

10 (3) by striking ‘‘In the’’ and inserting the fol11 lowing: 

12 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

15 31 of each calendar year beginning after the date of 

16 enactment of this paragraph, the Administrator 

17 shall— 

18 ‘‘(A) prepare a written assessment of com19 pliance with all statutory and regulatory re20 quirements of this section for each State and 

21 local government and of compliance with condi22 tions of each grant made under this section to 

23 a State or local government; 

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

25 of such assessment; and 


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1 ‘‘(C) make each of the assessments avail2 able to the public in a searchable database on 

3 the Internet on or before December 31 of such 

4 calendar year. 

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

6 government that the Administrator notifies under 

7 paragraph (2) is not in compliance with any require8 ment or grant condition described in paragraph (2) 

9 fails to take such action as may be necessary to 

10 comply with such requirement or condition within 

11 one year after the date of notification, any grants 

12 made under subsection (b) to the State or local gov13 ernment, after the last day of such one-year period 

14 and while the State or local government is not in 

15 compliance with all requirements and grant condi16 tions described in paragraph (2), shall have a Fed17 eral share of not to exceed 50 percent. 

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

19 31 of the third calendar year beginning after the 

20 date of enactment of this paragraph, the Comp21 troller General shall conduct a review of the activi22 ties of the Administrator under paragraphs (2) and 

23 (3) during the first and second calendar years begin24 ning after such date of enactment and submit to 

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


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1 SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 

2 PATHOGEN LIST. 

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

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

5 at the end the following: 

6 ‘‘(C) PUBLICATION OF PATHOGEN AND

7 PATHOGEN INDICATOR LIST.—Upon publication 

8 of the new or revised water quality criteria 

9 under subparagraph (A), the Administrator 

10 shall publish in the Federal Register a list of all 

11 pathogens and pathogen indicators studied 

12 under section 104(v).’’. 

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

14 STANDARDS. 

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

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

17 striking ‘‘paragraph (1)(A)’’ each place it appears and in18 serting ‘‘paragraph (1)’’. 

19 SEC. 11. NATIONAL LIST OF BEACHES. 

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

21 Control Act (33 U.S.C. 1346(g)(3)) is amended by strik22 ing ‘‘The Administrator’’ and all that follows through the 

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

24 the enactment of the Beach Act of 2013, and biennially 

25 thereafter, the Administrator shall update the list de26 scribed in paragraph (1).’’. 


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1 SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 

2 CONTAMINATION OF COASTAL RECREATION 

3 WATERS. 

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

5 study on the long-term impact of climate change on patho6 genic contamination of coastal recreation waters. 

7 (b) REPORT.— 

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

9 after the date of enactment of this Act, the Adminis10 trator shall submit to Congress a report on the re11 sults of the study conducted under subsection (a). 

12 (2) INFORMATION ON POTENTIAL CONTAMINA13 TION IMPACTS.—The report shall include informa14 tion on the potential impacts of pathogenic contami15 nation on ground and surface water resources as 

16 well as public and ecosystem health in coastal com17 munities. 

18 (3) FEDERAL ACTIONS.—The report shall high19 light necessary Federal actions to help advance the 

20 availability of information and tools to assess and 

21 mitigate these effects in order to protect public and 

22 ecosystem health. 

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

24 the Administrator shall work in consultation with 

25 agencies active in the development of the National 

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1 mentation of the Ocean Research Priorities Plan and 

2 Implementation Strategy. 

3 SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 

4 RECREATION WATERS. 

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

6 study to review the available scientific information per7 taining to the impacts of excess nutrients on coastal recre8 ation waters. 

9 (b) REPORT.— 

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

11 after the date of enactment of this Act, the Adminis12 trator shall transmit to the Committee on Transpor13 tation and Infrastructure of the House of Represent14 atives and the Committee on Environment and Pub15 lic Works of the Senate a report on the results of 

16 the study conducted under subsection (a). 

17 (2) IMPACTS.—Such report shall include infor18 mation on any adverse impacts of excess nutrients 

19 on coastal recreation waters, including adverse im20 pacts caused by algal blooms resulting from excess 

21 nutrients. 

22 (3) RECOMMENDATIONS.—Such report shall in23 clude recommendations for action to address adverse 

24 impacts of excess nutrients and algal blooms on 

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1 ment and implementation of numeric water quality 

2 criteria for nutrients. 

3 (4) CONSULTATION.—In developing such re4 port, the Administrator shall consult with the heads 

5 of other appropriate Federal agencies (including the 

6 National Oceanic and Atmospheric Administration), 

7 States, and local government entities. 

Æ 


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