IB 

Union Calendar No. 116 

111TH CONGRESS 

1ST SESSION H. R. 2093 

[Report No. 111–214] 

To amend the Federal Water Pollution Control Act relating to beach 

monitoring, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2009 

Mr. PALLONE (for himself, Mr. ACKERMAN, Mr. ADLER of New Jersey, Mr. 

BERMAN, Mr. BILBRAY, Mr. BISHOP of New York, Ms. BORDALLO, Mrs. 

CAPPS, Mrs. CHRISTENSEN, Mr. HALL of New York, Ms. HARMAN, Mr. 

ISRAEL, Mr. KING of New York, Mr. KIRK, Mr. KLEIN of Florida, Mrs. 

LOWEY, Mrs. MALONEY, Mr. MCINTYRE, Mr. GEORGE MILLER of California, Mr. ROTHMAN of New Jersey, Mr. SERRANO, Mr. SESTAK, Mr. 

WAXMAN, and Mr. WEINER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

JULY 20, 2009 

Additional sponsors: Mr. MILLER of North Carolina, Mr. GRIJALVA, Mrs. 

DAHLKEMPER, and Mr. FARR

JULY 20, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 23, 2009] 

A BILL 

To amend the Federal Water Pollution Control Act relating 

to beach monitoring, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Coastal Environ5 ment and Public Health Act of 2009’’. 

6 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

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

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

9 1346(a)(1)(A)) is amended by striking ‘‘methods for moni10 toring’’ and inserting ‘‘protocols for monitoring that are 

11 most likely to detect pathogenic contamination’’. 

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

13 (33 U.S.C. 1346(b)) is amended— 

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

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

16 (2) by inserting after paragraph (2) the fol17 lowing: 

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

19 carrying out a monitoring and notification program, 

20 a State or local government may develop and imple21 ment a coastal recreation waters pollution source 

22 identification and tracking program for coastal recre23 ation waters adjacent to beaches or similar points of 

24 access that are used by the public and are not meeting 


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1 applicable water quality standards for pathogens and 

2 pathogen indicators.’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 406(i) of such Act (33 U.S.C. 1346(i)) is amended by strik5 ing ‘‘$30,000,000 for each of fiscal years 2001 through 

6 2005’’ and inserting ‘‘$40,000,000 for each of fiscal years 

7 2010 through 2014’’. 

8 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS9 MENT AND COASTAL HEALTH ACT. 

10 Section 8 of the Beaches Environmental Assessment 

11 and Coastal Health Act of 2000 (114 Stat. 877) is amended 

12 by striking ‘‘2005’’ and inserting ‘‘2014’’. 

13 SEC. 4. STATE REPORTS. 

14 Section 406(b)(4)(A)(ii) of the Federal Water Pollu15 tion Control Act (as redesignated by section 2(b)(1) of this 

16 Act) is amended by striking ‘‘public’’ and inserting ‘‘public 

17 and all environmental agencies of the State with authority 

18 to prevent or treat sources of pathogenic contamination in 

19 coastal recreation waters’’. 

20 SEC. 5. USE OF RAPID TESTING METHODS. 

21 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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

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

24 by striking ‘‘methods’’ and inserting ‘‘methods, including 

25 a rapid testing method after the last day of the one-year 


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1 period following the date of validation of that rapid testing 

2 method by the Administrator,’’. 

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

4 Act (33 U.S.C. 1314(a)(9)(A)) is amended by striking 

5 ‘‘methods, as appropriate’’ and inserting ‘‘methods, includ6 ing rapid testing methods’’. 

7 (c) VALIDATION AND USE OF RAPID TESTING METH8 ODS.— 

9 (1) VALIDATION OF RAPID TESTING METHODS.— 

10 Not later than October 15, 2012, the Administrator of 

11 the Environmental Protection Agency (in this Act re12 ferred to as the ‘‘Administrator’’) shall complete an 

13 evaluation and validation of a rapid testing method 

14 for the water quality criteria and standards for 

15 pathogens and pathogen indicators described in sec16 tion 304(a)(9)(A) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1314(a)(9)(A)). 

18 (2) GUIDANCE FOR USE OF RAPID TESTING

19 METHODS.— 

20 (A) IN GENERAL.—Not later than 180 days 

21 after completion of the validation under para22 graph (1), and after providing notice and an op23 portunity for public comment, the Administrator 

24 shall publish guidance for the use at coastal 

25 recreation waters adjacent to beaches or similar 


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1 points of access that are used by the public of the 

2 rapid testing method that will enhance the pro3 tection of public health and safety through rapid 

4 public notification of any exceeding of applicable 

5 water quality standards for pathogens and 

6 pathogen indicators. 

7 (B) PRIORITIZATION.—In developing such 

8 guidance, the Administrator shall require the use 

9 of the rapid testing method at those beaches or 

10 similar points of access that are the most used 

11 by the public. 

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

13 1362) is amended by adding at the end the following: 

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

15 ‘rapid testing method’ means a method of testing the 

16 water quality of coastal recreation waters for which 

17 results are available as soon as practicable and not 

18 more than 6 hours after the commencement of the 

19 rapid testing method in the laboratory.’’. 

20 (e) REVISIONS TO RAPID TESTING METHODS.— 

21 (1) IN GENERAL.—Upon completion of the vali22 dation required under subsection (c)(1), and every 5 

23 years thereafter, the Administrator shall identify and 

24 review potential rapid testing methods for existing 


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1 water quality criteria for pathogens and pathogen in2 dicators for coastal recreation waters. 

3 (2) REVISIONS TO RAPID TESTING METHODS.—If 

4 a rapid testing method identified under paragraph 

5 (1) will make results available in less time and im6 prove the accuracy and reproducibility of results 

7 when compared to the existing rapid testing method, 

8 the Administrator shall complete an evaluation and 

9 validation of the rapid testing method as expedi10 tiously as practicable. 

11 (3) REPORTING REQUIREMENT.—Upon comple12 tion of the review required under paragraph (1), the 

13 Administrator shall publish in the Federal Register 

14 the results of the review, including information on 

15 any potential rapid testing method proposed for eval16 uation and validation under paragraph (2). 

17 (4) DECLARATION OF GOALS FOR RAPID TESTING

18 METHODS.—It is a national goal that by 2017, a 

19 rapid testing method for testing water quality of 

20 coastal recreation waters be developed that can 

21 produce accurate and reproducible results in not more 

22 than 2 hours after commencement of the rapid testing 

23 method. 


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

2 AGENCIES. 

3 Section 406(c) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1346(c)) is amended— 

5 (1) in paragraph (5) by striking ‘‘prompt com6 munication’’ and inserting ‘‘communication, within 

7 24 hours of the receipt of the results of a water qual8 ity sample,’’; 

9 (2) in subparagraph (A) of paragraph (5)— 

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

11 State in which the Administrator is admin12 istering the program under section 402,’’ before 

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

14 and 

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

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

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

18 the State government with authority to require 

19 the prevention or treatment of the sources of 

20 coastal recreation water pollution; and’’; 

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

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

23 (4) by inserting after paragraph (5) the fol24 lowing: 

25 ‘‘(6) measures for an annual report to the Ad26 ministrator, in such form as the Administrator deterVerDate Nov 24 2008 23:22 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2093.RH H2093

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1 mines appropriate, on the occurrence, nature, loca2 tion, pollutants involved, and extent of any exceeding 

3 of applicable water quality standards for pathogens 

4 and pathogen indicators;’’. 

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

6 Section 406(c) of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1346(c)) is amended— 

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

9 6(3) of this Act)— 

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

11 ‘‘the immediate posting’’; and 

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

13 (2) by striking the period at the end of para14 graph (8) (as redesignated by section 6(3) of this Act) 

15 and inserting a semicolon; and 

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

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

18 system database that such State or local government 

19 program shall use to inform the public about coastal 

20 recreation waters and that— 

21 ‘‘(A) is publicly accessible and searchable on 

22 the Internet; 

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

24 of access; 


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1 ‘‘(C) identifies applicable water quality 

2 standards, monitoring protocols, sampling plans 

3 and results, and the number and cause of coastal 

4 recreation water closures and advisory days; and 

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

6 availability of revised information; and 

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

8 advisories are made or issued within 2 hours after the 

9 receipt of the results of a water quality sample that 

10 exceeds applicable water quality standards for patho11 gens and pathogen indicators.’’. 

12 SEC. 8. COMPLIANCE REVIEW. 

13 Section 406(h) of the Federal Water Pollution Control 

14 Act (33 U.S.C. 1346(h)) is amended— 

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

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

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

18 right; 

19 (3) by striking ‘‘In the’’ and inserting the fol20 lowing: 

21 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

24 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 a 

8 State or local government; 

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

10 such assessment; and 

11 ‘‘(C) make each of the assessments available 

12 to the public in a searchable database on the 

13 Internet on or before December 31 of such cal14 endar 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 com20 ply with such requirement or condition within one 

21 year after the date of notification, any grants made 

22 under subsection (b) to the State or local government, 

23 after the last day of such one-year period and while 

24 the State or local government is not in compliance 

25 with all requirements and grant conditions described 


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

2 to exceed 50 percent. 

3 ‘‘(4) GAO REVIEW.—Not later than December 31 

4 of the third calendar year beginning after the date of 

5 enactment of this paragraph, the Comptroller General 

6 shall conduct a review of the activities of the Admin7 istrator under paragraphs (2) and (3) during the 

8 first and second calendar years beginning after such 

9 date of enactment and submit to Congress a report on 

10 the results of such review.’’. 

11 SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 

12 PATHOGEN LIST. 

13 Section 304(a)(9) of the Federal Water Pollution Con14 trol Act (33 U.S.C. 1314(a)(9)) is amended by adding at 

15 the end the following: 

16 ‘‘(C) PUBLICATION OF PATHOGEN AND

17 PATHOGEN INDICATOR LIST.—Upon publication 

18 of the new or revised water quality criteria 

19 under subparagraph (A), the Administrator shall 

20 publish in the Federal Register a list of all 

21 pathogens and pathogen indicators studied under 

22 section 104(v).’’. 


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1 SEC. 10. 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 strik5 ing ‘‘paragraph (1)(A)’’ each place it appears and inserting 

6 ‘‘paragraph (1)’’. 

7 SEC. 11. NATIONAL LIST OF BEACHES. 

8 Section 406(g)(3) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1346(g)(3)) is amended by striking ‘‘The 

10 Administrator’’ and all that follows through the period and 

11 inserting ‘‘Within 12 months after the date of the enactment 

12 of the Clean Coastal Environment and Public Health Act 

13 of 2009, and biennially thereafter, the Administrator shall 

14 update the list described in paragraph (1).’’. 

15 SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 

16 CONTAMINATION OF COASTAL RECREATION 

17 WATERS. 

18 (a) STUDY.—The Administrator shall conduct a study 

19 on the long-term impact of climate change on pathogenic 

20 contamination of coastal recreation waters. 

21 (b) REPORT.— 

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

23 the date of enactment of this Act, the Administrator 

24 shall submit to Congress a report on the results of the 

25 study conducted under subsection (a). 


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1 (2) INFORMATION ON POTENTIAL CONTAMINANT

2 IMPACTS.—The report shall include information on 

3 the potential impacts of pathogenic contamination on 

4 ground and surface water resources as well as public 

5 and ecosystem health in coastal communities. 

6 (3) MONITORING.—The report shall address mon7 itoring required to document and assess changing 

8 conditions of coastal water resources, recreational wa9 ters, and ecosystems and review the current ability to 

10 assess and forecast impacts associated with long-term 

11 change. 

12 (4) FEDERAL ACTIONS.—The report shall high13 light necessary Federal actions to help advance the 

14 availability of information and tools to assess and 

15 mitigate these effects in order to protect public and 

16 ecosystem health. 

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

18 the Administrator shall work in consultation with 

19 agencies active in the development of the National 

20 Water Quality Monitoring Network and the imple21 mentation of the Ocean Research Priorities Plan and 

22 Implementation Strategy. 


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1 SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 

2 RECREATION WATERS. 

3 (a) STUDY.—The Administrator shall conduct a study 

4 to review the available scientific information pertaining to 

5 the impacts of excess nutrients on coastal recreation waters. 

6 (b) REPORT.— 

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

8 the date of enactment of this Act, the Administrator 

9 shall transmit to the Committee on Transportation 

10 and Infrastructure of the House of Representatives 

11 and the Committee on Environment and Public 

12 Works of the Senate a report on the results of the 

13 study conducted under subsection (a). 

14 (2) IMPACTS.—Such report shall include infor15 mation on any adverse impacts of excess nutrients on 

16 coastal recreation waters, including adverse impacts 

17 caused by algal blooms resulting from excess nutri18 ents. 

19 (3) RECOMMENDATIONS.—Such report shall in20 clude recommendations for action to address adverse 

21 impacts of excess nutrients and algal blooms on coast22 al recreation waters, including the establishment and 

23 implementation of numeric water quality criteria for 

24 nutrients. 

25 (4) CONSULTATION.—In developing such report, 

26 the Administrator shall consult with the heads of 


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1 other appropriate Federal agencies (including the Na2 tional Oceanic and Atmospheric Administration), 

3 States, and local government entities. 


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Union Calendar No. 116 

111TH CONGRESS 

1ST SESSION H. R. 2093 

[Report No. 111–214] 

A BILL 

To amend the Federal Water Pollution Control Act 

poses. relating to beach monitoring, and for other purJULY 20, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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