69–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–98

BEACHES ENVIRONMENTAL ASSESSMENT, CLEANUP, AND

HEALTH ACT OF 1999

APRIL 19, 1999.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SHUSTER, from the Committee on Transportation and

Infrastructure, submitted the following

REPORT

[To accompany H.R. 999]

[Including cost estimate of the Congressional Budget Office]

The Committee on Transportation and Infrastructure, to whom

was referred the bill (H.R. 999) to amend the Federal Water Pollution Control Act to improve the quality of coastal recreation waters,

and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as

amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Beaches Environmental Assessment, Cleanup, and

Health Act of 1999’’.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND STANDARDS BY

STATES.

Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313) is amended by adding at the end the following:

‘‘(i) COASTAL RECREATION WATER QUALITY CRITERIA AND STANDARDS.— ‘‘(1) ADOPTION BY STATES.— ‘‘(A) INITIAL CRITERIA AND STANDARDS.—Not later than 31⁄2 years after the

date of enactment of this subsection, each State having coastal recreation

waters shall adopt and submit to the Administrator water quality criteria

and standards for such waters for those pathogens and pathogen indicators

for which the Administrator has published criteria under section 304(a).

‘‘(B) NEW OR REVISED STANDARDS.—Not later than 3 years 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 such waters for all pathogens and pathogen indicators for which

the Administrator publishes new or revised water quality criteria.
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‘‘(2) FAILURE OF STATES TO ADOPT.—If a State has not complied with paragraph (1)(A) by the date specified in paragraph (1)(A), the Administrator shall

promptly prepare and publish proposed regulations for the State setting forth

revised or new water quality standards for coastal recreation waters for the

pathogens and pathogen indicators subject to paragraph (1)(A). If the Administrator prepares and publishes such regulations under subsection (c)(4)(B) before

the date specified in paragraph (1)(A), the Administrator shall promulgate any

revised or new standard under this paragraph not later than the date specified

in paragraph (1)(A).

‘‘(3) SAVINGS CLAUSE.—Except as expressly provided by this subsection, the

requirements and procedures of subsection (c) apply to this subsection.’’.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

(a) STUDIES.—Section 104 of the Federal Water Pollution Control Act (33 U.S.C.

1254) is amended by adding at the end the following:

‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL RECREATION WA- TERS.—Not later than 3 years after the date of enactment of this subsection, and

after consultation and collaboration with appropriate Federal, State, and local officials (including local health officials) and other interested persons, the Administrator shall conduct, in cooperation with the heads of other Federal agencies, studies

to provide additional information for use in developing—

‘‘(1) a more complete determination of potential human health risks resulting

from exposure to pathogens in coastal recreation waters, including effects to the

upper respiratory system;

‘‘(2) appropriate and effective indicators for improving detection in a timely

manner in coastal recreation waters of the presence of pathogens that are

harmful to human health;

‘‘(3) appropriate, accurate, expeditious, and cost-effective methods (including

predictive models) for detecting in a timely manner in coastal recreation waters

the presence of pathogens that are harmful to human health; and

‘‘(4) guidance for State application of the criteria for pathogens and pathogen

indicators to be issued under section 304(a)(9) to account for the diversity of geographic and aquatic conditions.’’.

(b) REVISED CRITERIA.—Section 304(a) of such Act (33 U.S.C. 1314(a)) is amended

by adding at the end the following:

‘‘(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—

‘‘(A) IN GENERAL.—Not later than 4 years after the date of enactment of

this paragraph, and after consultation and collaboration with appropriate

Federal, State, and local officials (including local health officials), the Administrator shall issue new or revised water quality criteria for pathogens

and pathogen indicators (including a revised list of testing methods, as appropriate) 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.—At least once every 5 years after the date of issuance of

water quality criteria under this paragraph, the Administrator shall review

and, as necessary, revise the water quality criteria.’’.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341–1345) is

amended by adding at the end the following:

‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

‘‘(a) MONITORING AND NOTIFICATION.—Not later than 18 months after the date of

enactment of this section, after consultation and collaboration with appropriate Federal, State, and local officials (including local health officials), and after providing

public notice and an opportunity for comment, the Administrator shall publish performance criteria for—

‘‘(1) monitoring (including specifying available methods for monitoring) coastal

recreation waters adjacent to beaches (or other points of access) that are open

to the public for attainment of applicable water quality standards for pathogens

and pathogen indicators and for protection of public safety from floatable materials; and

‘‘(2) promptly notifying the public, local governments, and the Administrator

of any exceedance of applicable water quality standards for coastal recreation

waters described in paragraph (1) (or the immediate likelihood of such an exceedance).

The performance criteria shall provide for the activities described in paragraphs (1)

and (2) to be carried out as necessary for the protection of public health and safety.
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‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.—

‘‘(1) IN GENERAL.—The Administrator shall make grants to States and local

governments for the purpose of developing and implementing programs for monitoring and notification, as provided in paragraphs (2) and (3).

‘‘(2) STATE PROGRAMS.—

‘‘(A) IN GENERAL.—The Administrator shall make grants to a State for developing and implementing a program for monitoring and notification to

protect public health and safety that meets the performance criteria established under subsection (a) for coastal recreation waters adjacent to beaches

(or other points of access) that are open to the public and are subject to

the jurisdiction of the State.

‘‘(B) REQUIREMENTS.—The Administrator shall make grants for implementation of a program of a State under subparagraph (A) only if the Administrator determines that—

‘‘(i) the program has been developed through a process that provides

for public notice and an opportunity for comment;

‘‘(ii) the program meets the performance criteria under subsection (a),

based on a review of the program, including information provided by

the State under clause (iii); and

‘‘(iii) the program—

‘‘(I) identifies coastal recreation waters within the jurisdiction of

the State;

‘‘(II) identifies those coastal recreation waters adjacent to beaches (or other points of access) that are open to the public and subject

to the jurisdiction of the State and that are covered by the program;

‘‘(III) identifies those coastal recreation waters covered by the

program that would be given a priority for monitoring and notification if fiscal constraints prevent compliance at all coastal recreation waters covered by the program with the performance criteria

established under subsection (a);

‘‘(IV) identifies the process for making any delegation of responsibility for implementing the program to local governments, the

local governments, if any, to which the State has delegated or intends to delegate such responsibility, and the coastal recreation

waters covered by the program that are or would be the subject of

such delegation;

‘‘(V) specifies the frequency of monitoring based on the periods

of recreational use of such waters and the nature and extent of use

during such periods;

‘‘(VI) specifies the frequency and location of monitoring based on

the proximity of such waters to known point and nonpoint sources

of pollution and in relation to storm events;

‘‘(VII) specifies which methods will be used for detecting levels of

pathogens and pathogen indicators that are harmful to human

health and for identifying short-term increases in pathogens and

pathogen indicators that are harmful to human health in coastal

recreation waters, including in relation to storm events;

‘‘(VIII) specifies measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of such

an exceedance (or the immediate likelihood of such an exceedance)

to the Administrator and a designated official of a local government having jurisdiction over land adjoining the coastal recreation

waters covered by the State program for which an exceedance is

identified; and

‘‘(IX) specifies measures for posting of signs at the beach (or

other point of access), or functionally equivalent communication

measures, sufficient to give notice to the public of an exceedance

(or the immediate likelihood of an exceedance) of applicable water

quality criteria for pathogens and pathogen indicators for such waters and the potential risks associated with water contact activities

in such waters.

‘‘(3) LOCAL PROGRAMS.—

‘‘(A) IN GENERAL.—The Administrator shall make a grant to a local government for developing and implementing a program for monitoring and notification to protect public health and safety that meets the performance criteria established under subsection (a) for coastal recreation waters adjacent
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to beaches (or other points of access) that are open to the public and subject

to the jurisdiction of the local government.

‘‘(B) REQUIREMENTS.—The Administrator shall make grants for implementation of a local government program under subparagraph (A) only if

the Administrator determines that—

‘‘(i) the State in which the local government is located did not submit

a grant application meeting the requirements of paragraph (2)(B) within one year following the date of publication of performance criteria

under subsection (a);

‘‘(ii) the local government program has been developed through a

process that provides for public notice and an opportunity for comment;

‘‘(iii) the local government program meets the performance criteria

under subsection (a), based on a review of the local government program, including information provided by the local government under

paragraph (2)(B)(iii); and

‘‘(iv) the local government program addresses the matters identified

in paragraph (2)(B)(iii) with respect to such waters.

‘‘(4) LIST OF WATERS.—Following receipt of a grant under this subsection, a

State or local government shall apply the prioritization established by the State

or local government under paragraph (2)(B)(iii)(III) and promptly submit to the

Administrator—

‘‘(A) a list of discrete areas of coastal recreation waters that are subject

to the program for monitoring and notification for which the grant is provided where the performance criteria under subsection (a) will be met; and

‘‘(B) a list of discrete areas of coastal recreation waters that are subject

to the program for monitoring and notification for which the grant is provided where fiscal constraints will prevent compliance with the performance

criteria under subsection (a).

‘‘(5) FEDERAL SHARE.—The Federal share of the cost of developing and implementing a monitoring and notification program under this subsection shall be

not less than 50 percent nor more than 100 percent, as determined by the Administrator. The non-Federal share of such cost may be met through in-kind

contributions.

‘‘(6) DELEGATION.—If a State delegates responsibility for monitoring and notification under this subsection to a local government, the State shall make a portion of any grant received by the State under paragraph (2) available to the

local government in an amount commensurate with the responsibilities delegated.

‘‘(c) INFORMATION DATABASE.—The Administrator shall establish, maintain, and

make available to the public by electronic and other means a national coastal recreation water pollution occurrence database that provides information on exceedances

of applicable water quality standards for pathogens and pathogen indicators for

coastal recreation waters using information reported to the Administrator pursuant

to a monitoring and notification program that meets the performance criteria established under subsection (a). The Administrator may include in the database information made available to the Administrator from other coastal water quality monitoring programs determined to be reliable by the Administrator. The database may

provide information through electronic links to other databases determined to be reliable by the Administrator.

‘‘(d) TECHNICAL ASSISTANCE.—The Administrator shall provide technical assistance to States and local governments for the development of assessment and monitoring procedures for floatable materials to protect public health and safety in

coastal recreation waters.

‘‘(e) LIST OF WATERS.—Beginning not later than 18 months after the date of publication of performance criteria under subsection (a), the Administrator shall maintain a list of discrete areas of coastal recreation waters adjacent to beaches (or other

points of access) that are open to the public and are not subject to a program for

monitoring and notification meeting the performance criteria established under subsection (a) based on information made available to the Administrator. The list also

shall identify discrete areas of coastal recreation waters adjacent to beaches (or

other points of access) that are open to the public and are subject to a monitoring

and notification program meeting the performance criteria established under subsection (a). The Administrator shall make the list available to the public through

publication in the Federal Register and through electronic media. The Administrator

shall update the list at least annually.

‘‘(f) EPA IMPLEMENTATION.—After the last day of the 3-year period beginning on

the date the Administrator identifies a discrete area of coastal recreation waters adjacent to beaches (or other points of access) that are open to the public and are not
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subject to a monitoring and notification program meeting the performance criteria

established under subsection (a), the Administrator shall conduct such a monitoring

and notification program for the discrete area using the funds appropriated for

grants under subsection (b), including salaries, expenses, and travel. The Administrator’s duties under this paragraph shall be limited to the activities that can be

performed using such funds.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated

for making grants to States and local governments under subsection (b), including

implementation of monitoring and notification programs by the Administrator under

subsection (f), $30,000,000 for each of fiscal years 2000 through 2004.’’.

SEC. 5. DEFINITIONS.

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:

‘‘(21) COASTAL RECREATION WATERS.—The term ‘coastal recreation waters’

means the Great Lakes and marine coastal waters, including estuaries, used by

the public for swimming, bathing, surfing, or other similar water contact activities.

‘‘(22) FLOATABLE MATERIALS.—The term ‘floatable materials’ means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood products, bottles, and paper products.

‘‘(23) PATHOGEN INDICATORS.—The term ‘pathogen indicators’ means substances that indicate the potential for human infectious disease.’’.

SEC. 6. REPORT TO CONGRESS.

(a) IN GENERAL.—Not later than 4 years after the date of enactment of this Act,

and within the succeeding 4-year period and periodically thereafter, the Administrator of the Environmental Protection Agency shall transmit to Congress a report

including—

(1) recommendations concerning the need for additional water quality criteria

for pathogens and other actions needed to improve the quality of coastal recreation waters;

(2) an evaluation of Federal, State, and local efforts to implement this Act,

including the amendments made by this Act; and

(3) recommendations on improvements to methodologies and techniques for

monitoring of coastal recreation waters.

(b) COORDINATION.—The Administrator may coordinate the report under this section with other reporting requirements under the Federal Water Pollution Control

Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for carrying out the provisions of this Act

(including amendments made by this Act) for which amounts are not otherwise specifically authorized to be appropriated such sums as may be necessary for each of

fiscal years 2000 through 2004.

SUMMARY AND PURPOSE

H.R. 999, the ‘‘Beaches Environmental Assessment, Cleanup, and

Health Act of 1999,’’ provides for States to update their water quality standards to incorporate criteria for protecting human health

from pathogens in coastal recreation waters. The bill also sets up

a grant program to provide funding for States to develop and implement programs for monitoring for and notification to the public

of exceedances of water quality standards for pathogens in coastal

recreation waters.

BACKGROUND AND NEED FOR LEGISLATION

Each year over 180 million people visit our nation’s coastal waters for recreational purposes. This activity supports over 28 million jobs and leads to investments of over $50 billion in goods and

services. It is important to give the public confidence in the quality

of our nation’s coastal waters. This confidence is important not only

to each citizen who swims or surfs, but also to the tourism and
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recreation industries that rely on safe and swimmable coastal waters.

Currently, there are several problems or potential problems with

ensuring the safety of our coastal recreation waters. Only 16 States

have adopted the Environmental Protection Agency’s (EPA’s) 1986

criteria for pathogens in coastal recreation waters, and have incorporated these into their water quality standards. Other States may

be using outdated criteria. EPA’s 1986 criteria need to be updated

to improve the scientific basis for identifying pathogens in coastal

recreation waters. Not all States monitor their coastal recreation

waters to ensure compliance with water quality standards for

pathogens. In addition, although EPA has established a public,

electronic database of beach water quality, there is not currently

available a comprehensive source of information about the quality

of all our coastal recreation waters.

WATER QUALITY CRITERIA AND STANDARDS

Under current section 304(a) of the Clean Water Act, EPA has

the responsibility to establish water quality criteria for all waters

and uses, including human health criteria for recreational uses of

coastal waters. Federal water quality criteria serve as guidance to

States and Tribes in adopting and revising State and Tribal water

quality criteria and water quality standards under section 303 of

the Clean Water Act. Under current Clean Water Act regulations,

States and Tribes may adopt the Federal criteria as their own, may

modify the Federal criteria to reflect site-specific conditions, or may

base their water quality criteria on other scientifically defensible

methods. 40 C.F.R. 131.11(b)(1). If EPA determines that a State’s

or Tribe’s water quality standards are not consistent with the applicable requirements of the Clean Water Act, EPA has the authority to promulgate Federal standards for that State or Tribe.

In 1986, EPA revised its human health water quality criteria for

bacteria in recreational waters. Not all States and Tribes with

Clean Water Act authority have adopted these revised criteria.

Moreover, the 1986 revised bacteria criteria are inadequate indicators for determining the human health risk from all microorganisms, including viruses or other pathogens such as giardia or

cryptosporidium. In an Advanced Notice of Proposed Rulemaking

dated July 7, 1998, EPA stated that it is currently evaluating how

it may develop human health criteria for protection from these

microorganisms. To do so, EPA is considering conducting additional

research and is seeking public comment on these issues.

WATER QUALITY MONITORING

Coastal water quality monitoring is currently conducted by the

National Oceanic and Atmospheric Administration (NOAA), EPA,

and the United States Geological Survey (USGS) and various state

and local organizations. This monitoring is not uniform. For example, New Jersey, with its history of beach closings, conducts extensive monitoring of all of its coastal beaches. Some States do not

conduct extensive monitoring.
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PUBLIC INFORMATION ON COASTAL WATER QUALITY

Currently, EPA, through its BEACH program, has an Internet

web site that provides beach water quality information. However,

this information is provided to EPA on a voluntary basis by State

and local governments and is limited. EPA does not have a comprehensive picture of the status of coastal recreation waters.

CONCLUSION

The bill addresses the problem of inconsistent State water quality standards by requiring States to incorporate water quality criteria for pathogens in coastal recreation waters into their water

quality standards within 31⁄2 years so that the State standards are

consistent with the requirements of the Clean Water Act. This has

been interpreted to mean that State water quality criteria must be

at least as protective of human health as EPA’s water quality criteria. EPA must promulgate water quality standards for the State

if the State fails to meet this deadline.

The bill addresses the problem of outdated water quality criteria

by requiring EPA to conduct research and to issue updated criteria

for pathogens within 4 years. States are then given an additional

3 years to incorporate these updated criteria into State water quality standards.

The bill addresses the problem of the lack of coastal water quality monitoring, or inadequate monitoring, in some coastal areas, by

setting up a program to provide States and local governments with

grants to develop and implement programs to monitor for pathogens in coastal recreation waters and to notify the public, local government officials, and EPA, of exceedances of water quality criteria

for pathogens. Only programs that meet the performance criteria,

which are to be developed by EPA through a public process that

includes consultation and collaboration with State and local officials, are eligible for Federal grants.

Finally, the bill addresses the lack of information on beach water

quality by requiring States and local governments that receive

grants to report information on beach water quality to the Administrator, and by requiring EPA to make that information publicly

available. The bill also requires EPA to maintain lists of coastal

recreation waters where monitoring is necessary to protect public

health and safety, and to identify discrete areas that are and are

not covered by a monitoring and notification program that meets

the national performance criteria.

DISCUSSION OF COMMITTEE BILL AND SECTION-BY-SECTION

ANALYSIS

Section 1. Short title

Provides that the Act may be cited as the ‘‘Beaches Environmental Assessment, Cleanup, and Health Act of 1999.’’

Section 2. Adoption of coastal recreation water quality criteria and

standards by states

Amends section 303 of the Clean Water Act to add a new subsection (i) to require States to adopt coastal recreation water qual-
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ity criteria published by EPA to protect human health from pathogens and incorporate these criteria into State standards in accordance with the requirements of section 303(c) (of current law) within

31⁄2 years of the date of enactment. If a State fails to act, this provision requires EPA to promulgate standards for the State that incorporate these criteria. This section also provides a 3-year deadline for States to incorporate any new or revised criteria for pathogens and pathogen indicators in coastal recreation waters into their

State water quality standards.

The Committee intends that the legal standard for determining

when a State water quality standard is consistent with the applicable requirements of the Clean Water Act be governed by the existing requirements of section 303(c) of the Clean Water Act, and the

regulations implementing that section. This standard has been interpreted to mean that State water quality criteria must be at least

as protective of human health as EPA’s water quality criteria.

Thus, a State must incorporate into its water quality standards

water quality criteria for pathogens and pathogen indicators that

are at least as protective as criteria EPA has published under section 304(a), including EPA’s 1986 criteria for enterococcus and

Escherichia coli.

Section 3. Revisions to water quality criteria

Amends section 104 of the Clean Water Act to add a new subsection (v) to require EPA to conduct studies to improve the scientific basis for water quality criteria for pathogens and pathogen

indicators and to provide guidance to States on the application of

criteria for pathogens and pathogen indicators to account for the diversity of geographic and aquatic conditions.

Amends section 304(a) of the Clean Water Act to require EPA to

issue new and revised water quality criteria for pathogens and

pathogen indicators within 4 years of enactment.

Section 4. Coastal recreation water quality monitoring and notification

Amends title IV of the Clean Water Act to add a new section 406,

as follows:

(a) MONITORING AND NOTIFICATION.—Requires EPA, within 18

months of enactment, to publish performance criteria for monitoring coastal recreation waters and notifying the public, local governments, and the Administrator of exceedances (or the immediate

likelihood of an exceedance) of applicable water quality standards

for such waters, as necessary for the protection of public health and

safety. EPA is required to develop these performance criteria

through a public process that includes consultation and collaboration with appropriate Federal, State and local officials. The purpose

of the performance criteria is to provide for a monitoring and notification program where necessary for the protection of public health

and safety. The Committee expects EPA to include criteria for determining what discrete areas of coastal recreation waters do not

need to be monitored to protect public health and safety. The Committee recognizes that monitoring will not be the same for all coastal recreation waters. For example, monitoring will be different in

Maine than it is in Florida. The Committee expects the perform-
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ance criteria published under section 406(a) to lead to uniform levels of protection, not uniform monitoring programs.

(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.—Requires EPA to make grants to States and local governments for the

purpose of developing and implementing programs for monitoring

and notification that meet the performance criteria established

under subsection (a) for coastal recreation waters adjacent to

beaches that are open to the public and subject to the jurisdiction

of the governmental entity seeking the grant. To be eligible for a

Federal implementation grant, the monitoring and notification program submitted to EPA must provide specific information listing

coastal recreation waters of a State or locality, the coastal recreation waters covered by the program, priorities for monitoring, any

contemplated delegation to local governments, frequency of monitoring, location of monitoring, test methods, and measures for communicating to the public, the local government, and the Administrator to give notice of an exceedance of water quality standards (or

immediate likelihood of an exceedance). If a State does not submit

a program that meets the EPA performance criteria, a local government may develop and receive grants for a local program that

meets such criteria. EPA is authorized to require a cost share of

up to 50%. The Administrator may exercise discretion in establishing any cost share requirements. For example, it may be appropriate in certain instances, such as the early stages of program development and implementation, for EPA to provide 100% of program costs. The Committee intends EPA to allocate funds appropriated for these grants among coastal recreation waters adjacent

to publicly owned beaches (or other access points) based on needs

and the costs of monitoring these areas.

(c) INFORMATION DATABASE.—Requires EPA to establish and

maintain a publicly available database of exceedances of water

quality standards for coastal recreation waters. The Committee intends EPA to make this database readily accessible, including posting on the Internet.

(d) TECHNICAL ASSISTANCE.—Requires EPA to provide technical

assistance to States and local governments regarding assessment

and monitoring procedures for floatable materials in coastal recreation waters.

(e) LIST OF WATERS.—Requires EPA to maintain a publicly available list of discrete areas of coastal recreation waters that should

be, but are not covered by a monitoring and notification program

that meets the EPA performance criteria. The Committee intends

EPA to include on this list those areas for which EPA cannot confirm the existence of a monitoring and notification program that

meets the performance criteria, except for those areas where EPA

has determined that monitoring is not necessary to protect public

health and safety. EPA also is required to maintain a publicly

available list of discrete areas that are covered by a monitoring and

notification program that meets the performance criteria. In developing these lists, the Committee intends EPA to use reliable information provided by States, local governments, other Federal agencies, or any other person, as well as any information developed by

EPA itself. EPA is required to publish such lists in the Federal
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Register and through electronic media. The Committee intends

that EPA post these lists on the Internet.

(f) EPA IMPLEMENTATION.—Requires EPA to implement a program for monitoring and notification that meets the performance

criteria for discrete areas of coastal waters that should be covered

by such a program, but for which no such program is being implemented by a State or local government. In identifying such discrete

areas, EPA is to use reliable information provided by States, local

governments, other Federal agencies, or any other person, as well

as any information developed by EPA itself. Where EPA is implementing the program, the Committee intends EPA to use those

funds that it had allocated for such discrete areas. EPA’s duty to

implement a program is limited to activities that can be performed

using such funds.

(g) AUTHORIZATION OF APPROPRIATIONS.—Authorizes $30,000,000

each year for fiscal years 2000 through 2004 for grants to States,

tribes and local governments to implement monitoring and notification programs, or EPA implementation if a State, tribe, or local

government fails to act.

Section 5. Definitions

Amends section 502 of the Clean Water Act to add definitions for

‘‘coastal recreation waters,’’ ‘‘floatable materials,’’ and ‘‘pathogen indicators.’’ The term ‘‘coastal recreation waters’’ includes only waters that are adjacent to the coastline of the United States. It does

not include any inland waters and does not extend beyond the

mouth of any river or stream having unimpaired natural connection with open sea.

Section 6. Report to Congress

Requires EPA to report to Congress on the implementation of

this Act, recommendations for additional water quality criteria for

pathogens, and recommendations for improvements in monitoring.

Such reporting is required within 4 years of enactment, within 4

years thereafter, and periodically thereafter.

Section 7. Authorization of appropriations

Authorizes such sums as may be necessary for EPA to carry out

the provisions of this Act, other than the grant program authorized

in new section 406 of the Clean Water Act.

HEARINGS

On August 6, 1998, the Water Resources and Environment Subcommittee held a hearing on ‘‘Beaches and Oceans Legislation.’’

Testimony was given by, among others, Representative Bilbray

(CA), Representative Pallone (NJ), Representative Saxton (NJ), and

Representative Farr (CA); Mr. J. Charles Fox, Environmental Protection Agency; Ms. Sally Yozell, National Oceanic and Atmospheric Administration, as well as representatives of State and local

agencies, and the environmental community.
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COMMITTEE CONSIDERATION

On April 15, 1999, the Subcommittee on Water Resources and

Environment adopted an amendment in the nature of a substitute

offered by Representatives Sherwood Boehlert and Robert Borski

and favorably reported the amended bill by unanimous voice vote.

The amendment made technical and clarifying changes, moved

specifications relating to monitoring and notification programs from

the EPA performance criteria to the State program submissions,

changed the cost share for grants to States and local governments

to develop and implement monitoring and notification programs so

as to allow between 50% and 100% Federal funding, and increased

the authorization of appropriations for such grants to $30,000,000.

On April 15, 1999, the Committee reported the bill, as amended

by the Subcommittee, by unanimous voice vote.

ROLLCALL VOTES

Clause 3(b) of rule XIII requires each committee report to include

the total number of votes cast for and against on each rollcall vote

on a motion to report and on any amendment offered to the measure or matter, and the names of those members voting for and

against. There were no recorded votes taken in connection with ordering H.R. 999 reported. A motion by Mr. Boehlert to order H.R.

999 reported to the House, without amendment, was unanimously

agreed to by voice vote.

COST OF THE LEGISLATION

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison

prepared by the Director of the Congressional Budget Office under

section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the

report. Such a cost estimate is included in this report.

COMPLIANCE WITH HOUSE RULE XIII

1. Pursuant to clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, oversight findings and recommendations

have been made by the Committee as reflected in this report.

2. With respect to the requirement of clause 3(c)(2) of rule XIII

of the Rules of the House of Representatives, and 308(a) of the

Congressional Budget Act of 1974, the Committee references the

report of the Congressional Budget Office included below.

3. With respect to the requirement of clause 3(c)(4) of rule XIII

of the Rules of the House of Representatives, the Committee has

received no report of oversight findings and recommendations from

the Committee on Government Reform and Oversight on the subject of H.R. 999.

4. With respect to the requirement of clause 3(c)(3) of rule XIII

of the Rules of the House of Representatives and section 402 of the

Congressional Budget Act of 1974, the Committee has received the

following cost estimate for H.R. 999 from the Director of the Congressional Budget Office.
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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 19, 1999.

Hon. BUD SHUSTER,

Chairman, Committee on Transportation and Infrastructure,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 999, the Beaches Environmental Assessment, Cleanup, and Health Act of 1999.

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

to provide them. The CBO staff contacts are Kim Cawley (for federal costs) and Lisa Cash Driskill (for the state and local impact).

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 999—Beaches Environmental Assessment, Cleanup, and

Health Act of 1999

Summary: H.R. 999 would amend the Federal Water Pollution

Control Act to require states to adopt water quality criteria for

coastal recreation waters consistent with those developed by the

Environmental Protection Agency (EPA) for the purpose of protecting human health in coastal recreation waters (beaches). The bill

would authorize EPA to provide grants to states of $30 million annually over the 2000–2004 period to implement programs to monitor the quality of coastal waters and to notify the public of any

conditions where beach water does not meet the established standards. In addition, the legislation would require EPA to issue new

water quality criteria for recreational coastal areas based on studies of potential human health risks in these areas, make available

to the public a database of the water quality at coastal recreational

areas, and report to the Congress on the efforts under this program.

Because the bill would not affect direct spending or receipts, payas-you-go procedures would not apply. H.R. 999 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 H.R. 999 is shown in the following table. The costs

of this legislation fall within budget function 300 (natural resources

and environment).

By fiscal years, in millions of dollars—

1999 2000 2001 2002 2003 2004

SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:

Budget Authority 1 ................................................................................ 3 0 0 0 0 0

Estimated Outlays ................................................................................ 3 0 0 0 0 0

Proposed Changes:

Estimated Authorization Level ............................................................. 0 34 34 34 34 34

Estimated Outlays ................................................................................ 0 19 28 34 34 34

Spending Under H.R. 999:

Estimated Authorization Level 1 ........................................................... 3 34 34 34 34 34
13

By fiscal years, in millions of dollars—

1999 2000 2001 2002 2003 2004

Estimated Outlays ................................................................................ 3 19 28 34 34 34

1 The 1999 level is the amount appropriated for that year.

Basis of estimate: For purposes of this estimate, CBO assumes

that the bill will be enacted before the start of fiscal year 2000 and

that the full amounts authorized will be appropriated for each fiscal year. Estimated outlays are based on historical spending patterns of similar EPA programs. The bill authorizes the appropriation of $30 million a year for

grants to states to implement programs to monitor and report on

beach water quality. Based on information from EPA, CBO estimates that the agency would incur additional costs of about $4 million annually over the 2000–2004 period to study health hazards

in coastal recreational waters, establish new criteria for monitoring

water quality for these waters, develop a national database on pollution of beaches, and report to the Congress on the effectiveness

of this program.

Pay-as-you-go considerations: None.

Intergovernmental and private-sector impact: H.R. 999 contains

no intergovernmental mandates as defined in UMRA and would

impose no costs on state, local, or tribal governments. While the

bill would require states to establish acceptable water quality

standards for coastal areas within three and a half years, if states

choose not to establish these standards, the EPA would do it for

them. The bill would authorize $30 million annually from 2000

through 2004 for states and local governments to implement eligible monitoring and notification programs. If they choose not to implement these programs, the EPA would be directed to use remaining money authorized by this bill to provide those programs for

them. Any costs incurred by state and local governments to implement these programs would be voluntary and conditions of receiving grant assistance.

Estimate prepared by: Federal Costs: Kim Cawley. Impact on

State, Local, and Tribal Governments: Lisa Cash Driskill.

Estimate approved by: Robert A. Sunshine, Deputy Assistant Director for Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, committee reports on a bill or joint resolution

of a public character shall include a statement citing the specific

powers granted to the Congress in the Constitution to enact the

measure. The Committee on Transportation and Infrastructure

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office

pursuant to section 423 of the Unfunded Mandates Reform Act.
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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by this legislation.

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the

terms and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, 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

TITLE I—RESEARCH AND RELATED PROGRAMS

* * * * * * *

RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION

SEC. 104. (a)***

* * * * * * *

(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL

RECREATION WATERS.—Not later than 3 years after the date of enactment of this subsection, and after consultation and collaboration

with appropriate Federal, State, and local officials (including local

health officials) and other interested persons, the Administrator

shall conduct, in cooperation with the heads of other Federal agencies, studies to provide additional information for use in

developing—

(1) a more complete determination of potential human health

risks resulting from exposure to pathogens in coastal recreation

waters, including effects to the upper respiratory system;

(2) appropriate and effective indicators for improving detection in a timely manner in coastal recreation waters of the presence of pathogens that are harmful to human health;

(3) appropriate, accurate, expeditious, and cost-effective methods (including predictive models) for detecting in a timely manner in coastal recreation waters the presence of pathogens that

are harmful to human health; and

(4) guidance for State application of the criteria for pathogens

and pathogen indicators to be issued under section 304(a)(9) to

account for the diversity of geographic and aquatic conditions.

* * * * * * *

TITLE III—STANDARDS AND ENFORCEMENT

* * * * * * *
15

WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS

SEC. 303. (a)***

* * * * * * *

(i) COASTAL RECREATION WATER QUALITY CRITERIA AND STANDARDS.—

(1) ADOPTION BY STATES.—

(A) INITIAL CRITERIA AND STANDARDS.—Not later than

31⁄2 years after the date of enactment of this subsection,

each State having coastal recreation waters shall adopt

and submit to the Administrator water quality criteria and

standards for such waters for those pathogens and pathogen indicators for which the Administrator has published

criteria under section 304(a).

(B) NEW OR REVISED STANDARDS.—Not later than 3 years

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 such waters for all pathogens and pathogen

indicators for which the Administrator publishes new or revised water quality criteria.

(2) FAILURE OF STATES TO ADOPT.—If a State has not complied with paragraph (1)(A) by the date specified in paragraph

(1)(A), the Administrator shall promptly prepare and publish

proposed regulations for the State setting forth revised or new

water quality standards for coastal recreation waters for the

pathogens and pathogen indicators subject to paragraph (1)(A).

If the Administrator prepares and publishes such regulations

under subsection (c)(4)(B) before the date specified in paragraph

(1)(A), the Administrator shall promulgate any revised or new

standard under this paragraph not later than the date specified

in paragraph (1)(A).

(3) SAVINGS CLAUSE.—Except as expressly provided by this

subsection, the requirements and procedures of subsection (c)

apply to this subsection.

INFORMATION AND GUIDELINES

SEC. 304. (a)(1)***

* * * * * * *

(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—

(A) IN GENERAL.—Not later than 4 years after the date of

enactment of this paragraph, and after consultation and

collaboration with appropriate Federal, State, and local officials (including local health officials), the Administrator

shall issue new or revised water quality criteria for pathogens and pathogen indicators (including a revised list of

testing methods, as appropriate) 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.—At least once every 5 years after the date

of issuance of water quality criteria under this paragraph,
16

the Administrator shall review and, as necessary, revise the

water quality criteria.

* * * * * * *

TITLE IV—PERMITS AND LICENSES

* * * * * * *

SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND

NOTIFICATION.

(a) MONITORING AND NOTIFICATION.—Not later than 18 months

after the date of enactment of this section, after consultation and

collaboration with appropriate Federal, State, and local officials

(including local health officials), and after providing public notice

and an opportunity for comment, the Administrator shall publish

performance criteria for—

(1) monitoring (including specifying available methods for

monitoring) coastal recreation waters adjacent to beaches (or

other points of access) that are open to the public for attainment

of applicable water quality standards for pathogens and pathogen indicators and for protection of public safety from floatable

materials; and

(2) promptly notifying the public, local governments, and the

Administrator of any exceedance of applicable water quality

standards for coastal recreation waters described in paragraph

(1) (or the immediate likelihood of such an exceedance).

The performance criteria shall provide for the activities described in

paragraphs (1) and (2) to be carried out as necessary for the protection of public health and safety.

(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.— (1) IN GENERAL.—The Administrator shall make grants to

States and local governments for the purpose of developing and

implementing programs for monitoring and notification, as provided in paragraphs (2) and (3).

(2) STATE PROGRAMS.—

(A) IN GENERAL.—The Administrator shall make grants

to a State for developing and implementing a program for

monitoring and notification to protect public health and

safety that meets the performance criteria established under

subsection (a) for coastal recreation waters adjacent to

beaches (or other points of access) that are open to the public and are subject to the jurisdiction of the State.

(B) REQUIREMENTS.—The Administrator shall make

grants for implementation of a program of a State under

subparagraph (A) only if the Administrator determines

that—

(i) the program has been developed through a process

that provides for public notice and an opportunity for

comment;

(ii) the program meets the performance criteria under

subsection (a), based on a review of the program, including information provided by the State under clause

(iii); and

(iii) the program—
17

(I) identifies coastal recreation waters within the

jurisdiction of the State;

(II) identifies those coastal recreation waters adjacent to beaches (or other points of access) that

are open to the public and subject to the jurisdiction of the State and that are covered by the program;

(III) identifies those coastal recreation waters

covered by the program that would be given a priority for monitoring and notification if fiscal constraints prevent compliance at all coastal recreation waters covered by the program with the performance criteria established under subsection (a);

(IV) identifies the process for making any delegation of responsibility for implementing the program to local governments, the local governments,

if any, to which the State has delegated or intends

to delegate such responsibility, and the coastal

recreation waters covered by the program that are

or would be the subject of such delegation;

(V) specifies the frequency of monitoring based

on the periods of recreational use of such waters

and the nature and extent of use during such periods;

(VI) specifies the frequency and location of monitoring based on the proximity of such waters to

known point and nonpoint sources of pollution and

in relation to storm events;

(VII) specifies which methods will be used for detecting levels of pathogens and pathogen indicators

that are harmful to human health and for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health

in coastal recreation waters, including in relation

to storm events;

(VIII) specifies measures for prompt communication of the occurrence, nature, location, pollutants

involved, and extent of such an exceedance (or the

immediate likelihood of such an exceedance) to the

Administrator and a designated official of a local

government having jurisdiction over land adjoining the coastal recreation waters covered by the

State program for which an exceedance is identified; and

(IX) specifies measures for posting of signs at the

beach (or other point of access), or functionally

equivalent communication measures, sufficient to

give notice to the public of an exceedance (or the

immediate likelihood of an exceedance) of applicable water quality criteria for pathogens and pathogen indicators for such waters and the potential

risks associated with water contact activities in

such waters.

(3) LOCAL PROGRAMS.—
18

(A) IN GENERAL.—The Administrator shall make a grant

to a local government for developing and implementing a

program for monitoring and notification to protect public

health and safety that meets the performance criteria established under subsection (a) for coastal recreation waters adjacent to beaches (or other points of access) that are open

to the public and subject to the jurisdiction of the local government.

(B) REQUIREMENTS.—The Administrator shall make

grants for implementation of a local government program

under subparagraph (A) only if the Administrator determines that—

(i) the State in which the local government is located

did not submit a grant application meeting the requirements of paragraph (2)(B) within one year following

the date of publication of performance criteria under

subsection (a);

(ii) the local government program has been developed

through a process that provides for public notice and

an opportunity for comment;

(iii) the local government program meets the performance criteria under subsection (a), based on a review of the local government program, including information provided by the local government under paragraph (2)(B)(iii); and

(iv) the local government program addresses the matters identified in paragraph (2)(B)(iii) with respect to

such waters.

(4) LIST OF WATERS.—Following receipt of a grant under this

subsection, a State or local government shall apply the

prioritization established by the State or local government

under paragraph (2)(B)(iii)(III) and promptly submit to the

Administrator—

(A) a list of discrete areas of coastal recreation waters

that are subject to the program for monitoring and notification for which the grant is provided where the performance

criteria under subsection (a) will be met; and

(B) a list of discrete areas of coastal recreation waters

that are subject to the program for monitoring and notification for which the grant is provided where fiscal constraints will prevent compliance with the performance criteria under subsection (a).

(5) FEDERAL SHARE.—The Federal share of the cost of developing and implementing a monitoring and notification program

under this subsection shall be not less than 50 percent nor more

than 100 percent, as determined by the Administrator. The nonFederal share of such cost may be met through in-kind contributions.

(6) DELEGATION.—If a State delegates responsibility for monitoring and notification under this subsection to a local government, the State shall make a portion of any grant received by

the State under paragraph (2) available to the local government

in an amount commensurate with the responsibilities delegated.
19

(c) INFORMATION DATABASE.—The Administrator shall establish,

maintain, and make available to the public by electronic and other

means a national coastal recreation water pollution occurrence

database that provides information on exceedances of applicable

water quality standards for pathogens and pathogen indicators for

coastal recreation waters using information reported to the Administrator pursuant to a monitoring and notification program that

meets the performance criteria established under subsection (a). The

Administrator may include in the database information made available to the Administrator from other coastal water quality monitoring programs determined to be reliable by the Administrator. The

database may provide information through electronic links to other

databases determined to be reliable by the Administrator.

(d) TECHNICAL ASSISTANCE.—The Administrator shall provide

technical assistance to States and local governments for the development of assessment and monitoring procedures for floatable materials to protect public health and safety in coastal recreation waters.

(e) LIST OF WATERS.—Beginning not later than 18 months after

the date of publication of performance criteria under subsection (a),

the Administrator shall maintain a list of discrete areas of coastal

recreation waters adjacent to beaches (or other points of access) that

are open to the public and are not subject to a program for monitoring and notification meeting the performance criteria established

under subsection (a) based on information made available to the

Administrator. The list also shall identify discrete areas of coastal

recreation waters adjacent to beaches (or other points of access) that

are open to the public and are subject to a monitoring and notification program meeting the performance criteria established under

subsection (a). The Administrator shall make the list available to

the public through publication in the Federal Register and through

electronic media. The Administrator shall update the list at least

annually.

(f) EPA IMPLEMENTATION.—After the last day of the 3-year period

beginning on the date the Administrator identifies a discrete area

of coastal recreation waters adjacent to beaches (or other points of

access) that are open to the public and are not subject to a monitoring and notification program meeting the performance criteria established under subsection (a), the Administrator shall conduct

such a monitoring and notification program for the discrete area

using the funds appropriated for grants under subsection (b), including salaries, expenses, and travel. The Administrator’s duties

under this paragraph shall be limited to the activities that can be

performed using such funds.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to

be appropriated for making grants to States and local governments

under subsection (b), including implementation of monitoring and

notification programs by the Administrator under subsection (f),

$30,000,000 for each of fiscal years 2000 through 2004.

TITLE V—GENERAL PROVISIONS

* * * * * * *
20

GENERAL DEFINITIONS

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

this Act:

(1) * * *

* * * * * * *

(21) COASTAL RECREATION WATERS.—The term ‘‘coastal recreation waters’’ means the Great Lakes and marine coastal waters, including estuaries, used by the public for swimming,

bathing, surfing, or other similar water contact activities.

(22) FLOATABLE MATERIALS.—The term ‘‘floatable materials’’

means any foreign matter that may float or remain suspended

in the water column and includes plastic, aluminum cans,

wood products, bottles, and paper products.

(23) PATHOGEN INDICATORS.—The term ‘‘pathogen indicators’’

means substances that indicate the potential for human infectious disease.

* * * * * * *

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