IIB 

110TH CONGRESS 

2D SESSION H. R. 2537 

IN THE SENATE OF THE UNITED STATES 

APRIL 17, 2008 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Beach Protection Act 

3 of 2008’’. 

4 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

5 (a) SOURCE TRACKING.—Section 406(b) of the Fed6 eral Water Pollution Control Act (33 U.S.C. 1346(b)) is 

7 amended— 

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

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

10 (2) by inserting after paragraph (2) the fol11 lowing: 

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

13 carrying out a monitoring and notification program, 

14 a State or local government may develop and imple15 ment a coastal recreation waters pollution source 

16 identification and tracking program for coastal 

17 recreation waters adjacent to beaches or similar 

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

19 not meeting applicable water quality standards for 

20 pathogens and pathogen indicators. If, in carrying 

21 out such source identification and tracking program, 

22 a source of pathogenic contamination is identified by 

23 such State or local government, such State or local 

24 government shall make information on the existence 

25 of such source available to the public on the Internet 


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1 within 24 hours of the identification of such 

2 source.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 

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

6 through 2005’’ and inserting ‘‘$40,000,000 for each of fis7 cal years 2008 through 2012’’. 

8 (c) PROHIBITION ON EARMARKS.—None of the funds 

9 appropriated pursuant to section 406(i) of such Act (33 

10 U.S.C. 1346(i)) may be used for a Congressional earmark 

11 as defined in clause 9(d) of rule XXI of the Rules of the 

12 House of Representatives. 

13 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS14 MENT AND COASTAL HEALTH ACT. 

15 Section 8 of the Beaches Environmental Assessment 

16 and Coastal Health Act of 2000 (114 Stat. 877) is amend17 ed by striking ‘‘2005’’ and inserting ‘‘2012’’. 

18 SEC. 4. STATE REPORTS. 

19 Section 406(b)(4)(A)(ii) of the Federal Water Pollu20 tion Control Act (as redesignated by section (2)(a)(1) of 

21 this Act) is amended by inserting ‘‘and all environmental 

22 agencies of the State with authority to prevent or treat 

23 sources of pollution in coastal recreation waters’’ after 

24 ‘‘public’’. 


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1 SEC. 5. USE OF RAPID TESTING METHODS. 

2 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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

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

5 amended by inserting ‘‘, including rapid testing methods,’’ 

6 after ‘‘methods’’. 

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

8 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by insert9 ing ‘‘and rapid testing methods’’ after ‘‘methods’’. 

10 (c) VALIDATION AND USE OF RAPID TESTING METH11 ODS.— 

12 (1) VALIDATION OF RAPID TESTING METH13 ODS.—Not later than October 1, 2010, the Adminis14 trator of the Environmental Protection Agency shall 

15 complete an evaluation and validation of a rapid 

16 testing method for the water quality criteria and 

17 standards for pathogens and pathogen indicators de18 scribed in section 303(i)(1)(A). 

19 (2) GUIDANCE FOR USE OF RAPID TESTING

20 METHODS.— 

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

22 days after completion of the validation under 

23 paragraph (1), and after providing notice and 

24 an opportunity for public comment, the Admin25 istrator shall publish guidance for the use at 

26 coastal recreation waters adjacent to beaches or 


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1 similar points of access that are used by the 

2 public of rapid testing methods that will en3 hance the protection of public health and safety 

4 through rapid public notification of any exceed5 ing of applicable water quality standards for 

6 pathogens and pathogen indicators. 

7 (B) PRIORITIZATION.—In developing such 

8 guidance, the Administrator shall prioritize the 

9 use of rapid testing methods at those beaches 

10 or similar points of access that are the most 

11 used by the public. 

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

13 U.S.C. 1362) is amended by adding at the end the fol14 lowing: 

15 ‘‘(25) RAPID TESTING METHOD.—The term 

16 ‘rapid testing method’ means a method of testing 

17 the water quality of coastal recreation waters for 

18 which results are available as soon as practicable 

19 and not more than 6 hours after a water quality 

20 sample is received by the testing facility.’’. 

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

22 AGENCIES. 

23 Section 406(c)(5) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1346(c)(5)) is amended— 


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1 (1) by striking ‘‘prompt communication’’ and 

2 inserting ‘‘communication, within 24 hours of the re3 ceipt of the results of a water quality sample,’’; 

4 (2) in subparagraph (A)— 

5 (A) by inserting ‘‘(i) in the case of any 

6 State in which the Administrator is admin7 istering the program under section 402,’’ before 

8 ‘‘the Administrator’’ the first place it appears; 

9 and 

10 (B) by inserting at the end the following: 

11 ‘‘(ii) in the case of any State other than a 

12 State to which clause (i) applies, all agencies of 

13 the State government with authority to require 

14 the prevention or treatment of the sources of 

15 coastal recreation water pollution; and’’; 

16 (3) by redesignating paragraphs (6) and (7) as 

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

18 (4) by inserting after paragraph (5) the fol19 lowing: 

20 ‘‘(6) measures for an annual report to the Ad21 ministrator, in such form as the Administrator de22 termines appropriate, on the occurrence, nature, lo23 cation, pollutants involved, and extent of any exceed24 ing of applicable water quality standards for patho25 gens and pathogen indicators;’’. 


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

2 Section 406(c) of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1346(c)) is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (7) (as redesignated by section 6(3) of this Act); 

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; 

25 ‘‘(10) measures for the immediate posting of 

26 signs at beaches or similar points of access that are 


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1 sufficient to give public notice following the results 

2 of any water quality sample that demonstrates an 

3 exceeding of applicable water quality standards for 

4 pathogens and pathogen indicators for the coastal 

5 recreation waters adjacent to such beaches or similar 

6 points of access; and 

7 ‘‘(11) measures to ensure that closures or 

8 advisories are made or issued within 24 hours after 

9 the State government determines that any coastal 

10 recreation waters in the State are not meeting or are 

11 not expected to meet applicable water quality stand12 ards for pathogens and pathogen indicators.’’. 

13 SEC. 8. COMPLIANCE REVIEW. 

14 Section 406(h) of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1346(h)) is amended— 

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

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

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

19 right; 

20 (3) by striking ‘‘In the’’ and inserting the fol21 lowing: 

22 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

25 31 of each calendar year beginning after the date of 


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1 enactment of this paragraph, the Administrator 

2 shall— 

3 ‘‘(A) prepare a written assessment of com4 pliance with all statutory and regulatory re5 quirements of this section for each State and 

6 local government and of compliance with condi7 tions of each grant made under this section to 

8 a State or local government; 

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

10 of such assessment; and 

11 ‘‘(C) make each of the assessments avail12 able to the public in a searchable database on 

13 the Internet on or before December 31 of such 

14 calendar year. 

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

16 government that the Administrator notifies under 

17 paragraph (2) is not in compliance with any require18 ment or grant condition described in paragraph (2) 

19 fails to take such action as may be necessary to 

20 comply with such requirement or condition within 

21 one year of the date of notification, any grants made 

22 under subsection (b) to the State or local govern23 ment, after the last day of such one-year period and 

24 while the State or local government is not in compli25 ance with all requirements and grant conditions deVerDate Aug 31 2005 23:48 Apr 17, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2537.RFS H2537

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1 scribed in paragraph (2), shall have a Federal share 

2 of not to exceed 50 percent. 

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

4 31 of the third calendar year beginning after the 

5 date of enactment of this paragraph, the Comp6 troller General shall conduct a review of the activi7 ties of the Administrator under paragraphs (2) and 

8 (3) during the first and second calendar years begin9 ning after such date of enactment and submit to 

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

11 SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA. 

12 (a) STUDY.—Not later than 30 days after the date 

13 of enactment of this Act, the Administrator of the Envi14 ronmental Protection Agency shall commence a study of 

15 the formula for the distribution of grants under section 

16 406 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1346) for the purpose of identifying potential revi18 sions of such formula. 

19 (b) CONTENTS.—In conducting the study, the Ad20 ministrator shall consider the base cost to States of devel21 oping and maintaining water quality monitoring and noti22 fication programs, the States’ varied beach monitoring 

23 and notification needs, including beach mileage, beach 

24 usage, and length of beach season, and other factors that 

25 the Administrator determines to be appropriate. 


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1 (c) CONSULTATION.—In conducting the study, the 

2 Administrator shall consult with appropriate Federal, 

3 State, and local agencies. 

4 (d) REPORT.—Not later than 12 months after the 

5 date of enactment of this Act, the Administrator shall sub6 mit to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Committee 

8 on Environment and Public Works of the Senate a report 

9 on the results of the study, including any recommendation 

10 for revision of the distribution formula referred to in sub11 section (a). 

12 SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS 

13 PATHOGEN LIST. 

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

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

16 at the end the following: 

17 ‘‘(C) PUBLICATION OF PATHOGEN AND

18 PATHOGEN INDICATOR LIST.—Upon publication 

19 of the new or revised water quality criteria 

20 under subparagraph (A), the Administrator 

21 shall publish in the Federal Register a list of all 

22 pathogens and pathogen indicators studied 

23 under section 104(v).’’. 


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1 SEC. 11. ADOPTION OF NEW OR REVISED CRITERIA AND 

2 STANDARDS. 

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

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

5 striking ‘‘paragraph (1)(A)’’ each place it appears and in6 serting ‘‘paragraph (1)’’. 

7 SEC. 12. USE OF MOLECULAR DIAGNOSTICS FOR MONI8 TORING AND ASSESSING COASTAL RECRE9 ATION WATERS. 

10 (a) STUDY.—The Administrator of the Environ11 mental Protection Agency shall conduct a study to assess 

12 the benefits of using molecular diagnostics for monitoring 

13 and assessing the quality of coastal recreation waters adja14 cent to beaches and similar points of access that are used 

15 by the public. 

16 (b) CONTENTS.—In conducting the study, the Ad17 ministrator shall— 

18 (1) to the extent practicable, evaluate the full 

19 range of available rapid testing methods, as defined 

20 by section 502 of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1362), and methods that meet 

22 prescribed performance standards, including— 

23 (A) the amplified nucleic acid assay meth24 od; and 

25 (B) the indicator organisms enterococci 

26 and E. coli; and 


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1 (2) compare the use of molecular diagnostics to 

2 culture testing of same source water, including the 

3 time for obtaining results, accuracy of results, and 

4 future applicability. 

5 (c) PARTNERSHIPS.—Notwithstanding chapter 63 of 

6 title 31, United States Code, the Administrator may 

7 award a grant or cooperative agreement to a public or pri8 vate organization to assist the Administrator in carrying 

9 out the study. 

10 (d) REPORT TO CONGRESS.—Not later than 2 years 

11 after the date of enactment of this Act, the Administrator 

12 shall transmit to Congress a report on the results of the 

13 study. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

17 SEC. 13. MONITORING PROTOCOL FOR MERCURY. 

18 (a) REVIEW AND UPDATE OF EXISTING MONITORING

19 PROTOCOLS.—The Administrator of the Environmental 

20 Protection Agency shall review and update existing moni21 toring protocols as necessary for mercury affecting the 

22 coastal recreation waters of the Great Lakes. 

23 (b) RECOMMENDATIONS ON TESTING.—In carrying 

24 out subsection (a), the Administrator shall develop up25 dated recommendations on testing for the presence of merVerDate Aug 31 2005 23:48 Apr 17, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2537.RFS H2537

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1 cury affecting the coastal recreation waters of the Great 

2 Lakes, including the presence of mercury in Great Lakes 

3 sediment and fish tissue. 

4 (c) PUBLICATION OF WATER QUALITY CRITERIA.— 

5 Nothing in this section shall delay the schedule for publi6 cation of new or revised water quality criteria as required 

7 by section 304(a)(9) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1314(a)(9)). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated such sums as may be nec11 essary to carry out this section. 

12 SEC. 14. NATIONAL LIST OF BEACHES. 

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

14 Control Act (33 U.S.C. 1346(g)(3)) is amended by strik15 ing ‘‘The Administrator’’ and all that follows through the 

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

17 the enactment of the Beach Protection Act of 2008, and 

18 biennially thereafter, the Administrator shall update the 

19 list described in paragraph (1).’’. 

20 SEC. 15. IMPACT OF CLIMATE CHANGE ON POLLUTION OF 

21 COASTAL RECREATION WATERS. 

22 (a) STUDY.—The Administrator of the Environ23 mental Protection Agency shall conduct a study on the 

24 long-term impact of climate change on pollution of coastal 

25 recreation waters. 


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1 (b) REPORT.— 

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

3 after the date of enactment of this Act, the Adminis4 trator shall submit to Congress a report on the re5 sults of the study conducted under subsection (a). 

6 (2) INFORMATION ON POTENTIAL CONTAMI7 NANT IMPACTS.—The report shall include informa8 tion on potential contaminant impacts on ground 

9 and surface water resources as well as ecosystem 

10 and public health in coastal communities. 

11 (3) MONITORING.—The report shall address 

12 monitoring required to document and assess chang13 ing conditions of coastal water resources, rec14 reational waters, and ecosystems and review the cur15 rent ability to assess and forecast impacts associated 

16 with long-term change. 

17 (4) FEDERAL ACTIONS.—The report shall high18 light necessary Federal actions to help advance the 

19 availability of information and tools to assess and 

20 mitigate these effects in order to protect public and 

21 ecosystem health. 

22 (5) CONSULTATION.—In developing the report, 

23 the Administrator shall work in consultation with 

24 agencies active in the development of the National 

25 Water Quality Monitoring Network and the impleVerDate Aug 31 2005 23:48 Apr 17, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2537.RFS H2537

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1 mentation of the Ocean Research Priorities Plan and 

2 Implementation Strategy. 

Passed the House of Representatives April 16, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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