IIB 

111TH CONGRESS 

1ST SESSION H. R. 2093 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2009 

Received 

AUGUST 7, 2009 

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 ‘‘Clean Coastal Environ3 ment and Public Health Act of 2009’’. 

4 SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

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

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

7 1346(a)(1)(A)) is amended by striking ‘‘methods for mon8 itoring’’ and inserting ‘‘protocols for monitoring that are 

9 most likely to detect pathogenic contamination’’. 

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

11 (33 U.S.C. 1346(b)) is amended— 

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

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

14 (2) by inserting after paragraph (2) the fol15 lowing: 

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

17 carrying out a monitoring and notification program, 

18 a State or local government may develop and imple19 ment a coastal recreation waters pollution source 

20 identification and tracking program for coastal 

21 recreation waters adjacent to beaches or similar 

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

23 not meeting applicable water quality standards for 

24 pathogens and pathogen indicators.’’. 

25 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

26 406(i) of such Act (33 U.S.C. 1346(i)) is amended by 


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

2 through 2005’’ and inserting ‘‘$40,000,000 for each of fis3 cal years 2010 through 2014’’. 

4 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS5 MENT AND COASTAL HEALTH ACT. 

6 Section 8 of the Beaches Environmental Assessment 

7 and Coastal Health Act of 2000 (114 Stat. 877) is amend8 ed by striking ‘‘2005’’ and inserting ‘‘2014’’. 

9 SEC. 4. STATE REPORTS. 

10 Section 406(b)(4)(A)(ii) of the Federal Water Pollu11 tion Control Act (as redesignated by section 2(b)(1) of this 

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

13 and all environmental agencies of the State with authority 

14 to prevent or treat sources of pathogenic contamination 

15 in coastal recreation waters’’. 

16 SEC. 5. USE OF RAPID TESTING METHODS. 

17 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

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

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

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

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

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

23 rapid testing method by the Administrator,’’. 

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

25 such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strikVerDate Nov 24 2008 21:24 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.RFS H2093

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1 ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in2 cluding rapid testing methods’’. 

3 (c) VALIDATION AND USE OF RAPID TESTING METH4 ODS.— 

5 (1) VALIDATION OF RAPID TESTING METH6 ODS.—Not later than October 15, 2012, the Admin7 istrator of the Environmental Protection Agency (in 

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

9 complete an evaluation and validation of a rapid 

10 testing method for the water quality criteria and 

11 standards for pathogens and pathogen indicators de12 scribed in section 304(a)(9)(A) of the Federal Water 

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

14 (2) GUIDANCE FOR USE OF RAPID TESTING

15 METHODS.— 

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

17 days after completion of the validation under 

18 paragraph (1), and after providing notice and 

19 an opportunity for public comment, the Admin20 istrator shall publish guidance for the use at 

21 coastal recreation waters adjacent to beaches or 

22 similar points of access that are used by the 

23 public of the rapid testing method that will en24 hance the protection of public health and safety 

25 through rapid public notification of any exceedVerDate Nov 24 2008 21:24 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.RFS H2093

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1 ing of applicable water quality standards for 

2 pathogens and pathogen indicators. 

3 (B) PRIORITIZATION.—In developing such 

4 guidance, the Administrator shall require the 

5 use of the rapid testing method at those beach6 es or similar points of access that are the most 

7 used by the public. 

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

9 U.S.C. 1362) is amended by adding at the end the fol10 lowing: 

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

12 ‘rapid testing method’ means a method of testing 

13 the water quality of coastal recreation waters for 

14 which results are available as soon as practicable 

15 and not more than 6 hours after the commencement 

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

17 (e) REVISIONS TO RAPID TESTING METHODS.— 

18 (1) IN GENERAL.—Upon completion of the vali19 dation required under subsection (c)(1), and every 5 

20 years thereafter, the Administrator shall identify 

21 and review potential rapid testing methods for exist22 ing water quality criteria for pathogens and patho23 gen indicators for coastal recreation waters. 

24 (2) REVISIONS TO RAPID TESTING METHODS.— 

25 If a rapid testing method identified under paragraph 


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1 (1) will make results available in less time and im2 prove the accuracy and reproducibility of results 

3 when compared to the existing rapid testing method, 

4 the Administrator shall complete an evaluation and 

5 validation of the rapid testing method as expedi6 tiously as practicable. 

7 (3) REPORTING REQUIREMENT.—Upon comple8 tion of the review required under paragraph (1), the 

9 Administrator shall publish in the Federal Register 

10 the results of the review, including information on 

11 any potential rapid testing method proposed for 

12 evaluation and validation under paragraph (2). 

13 (4) DECLARATION OF GOALS FOR RAPID TEST14 ING METHODS.—It is a national goal that by 2017, 

15 a rapid testing method for testing water quality of 

16 coastal recreation waters be developed that can 

17 produce accurate and reproducible results in not 

18 more than 2 hours after commencement of the rapid 

19 testing method. 

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

21 AGENCIES. 

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

24 (1) in paragraph (5) by striking ‘‘prompt com25 munication’’ and inserting ‘‘communication, within 


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1 24 hours of the receipt of the results of a water 

2 quality sample,’’; 

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

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

5 State in which the Administrator is admin6 istering the program under section 402,’’ before 

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

8 and 

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

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

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

12 the State government with authority to require 

13 the prevention or treatment of the sources of 

14 coastal recreation water pollution; and’’; 

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

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

17 (4) by inserting after paragraph (5) the fol18 lowing: 

19 ‘‘(6) measures for an annual report to the Ad20 ministrator, in such form as the Administrator de21 termines appropriate, on the occurrence, nature, lo22 cation, pollutants involved, and extent of any exceed23 ing of applicable water quality standards for patho24 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) in paragraph (7) (as redesignated by section 

5 6(3) of this Act)— 

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

7 ‘‘the immediate posting’’; and 

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

9 (2) by striking the period at the end of para10 graph (8) (as redesignated by section 6(3) of this 

11 Act) and inserting a semicolon; and 

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

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

14 system database that such State or local government 

15 program shall use to inform the public about coastal 

16 recreation waters and that— 

17 ‘‘(A) is publicly accessible and searchable 

18 on the Internet; 

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

20 of access; 

21 ‘‘(C) identifies applicable water quality 

22 standards, monitoring protocols, sampling plans 

23 and results, and the number and cause of coast24 al recreation water closures and advisory days; 

25 and 


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

2 availability of revised information; and 

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

4 advisories are made or issued within 2 hours after 

5 the receipt of the results of a water quality sample 

6 that exceeds applicable water quality standards for 

7 pathogens and pathogen indicators.’’. 

8 SEC. 8. COMPLIANCE REVIEW. 

9 Section 406(h) of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1346(h)) is amended— 

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

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

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

14 right; 

15 (3) by striking ‘‘In the’’ and inserting the fol16 lowing: 

17 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

20 31 of each calendar year beginning after the date of 

21 enactment of this paragraph, the Administrator 

22 shall— 

23 ‘‘(A) prepare a written assessment of com24 pliance with all statutory and regulatory re25 quirements of this section for each State and 


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1 local government and of compliance with condi2 tions of each grant made under this section to 

3 a State or local government; 

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

5 of such assessment; and 

6 ‘‘(C) make each of the assessments avail7 able to the public in a searchable database on 

8 the Internet on or before December 31 of such 

9 calendar year. 

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

11 government that the Administrator notifies under 

12 paragraph (2) is not in compliance with any require13 ment or grant condition described in paragraph (2) 

14 fails to take such action as may be necessary to 

15 comply with such requirement or condition within 

16 one year after the date of notification, any grants 

17 made under subsection (b) to the State or local gov18 ernment, after the last day of such one-year period 

19 and while the State or local government is not in 

20 compliance with all requirements and grant condi21 tions described in paragraph (2), shall have a Fed22 eral share of not to exceed 50 percent. 

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

24 31 of the third calendar year beginning after the 

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1 troller General shall conduct a review of the activi2 ties of the Administrator under paragraphs (2) and 

3 (3) during the first and second calendar years begin4 ning after such date of enactment and submit to 

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

6 SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 

7 PATHOGEN LIST. 

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

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

10 at the end the following: 

11 ‘‘(C) PUBLICATION OF PATHOGEN AND

12 PATHOGEN INDICATOR LIST.—Upon publication 

13 of the new or revised water quality criteria 

14 under subparagraph (A), the Administrator 

15 shall publish in the Federal Register a list of all 

16 pathogens and pathogen indicators studied 

17 under section 104(v).’’. 

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

19 STANDARDS. 

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

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

22 striking ‘‘paragraph (1)(A)’’ each place it appears and in23 serting ‘‘paragraph (1)’’. 


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1 SEC. 11. NATIONAL LIST OF BEACHES. 

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

3 Control Act (33 U.S.C. 1346(g)(3)) is amended by strik4 ing ‘‘The Administrator’’ and all that follows through the 

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

6 the enactment of the Clean Coastal Environment and Pub7 lic Health Act of 2009, and biennially thereafter, the Ad8 ministrator shall update the list described in paragraph 

9 (1).’’. 

10 SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 

11 CONTAMINATION OF COASTAL RECREATION 

12 WATERS. 

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

14 study on the long-term impact of climate change on patho15 genic contamination of coastal recreation waters. 

16 (b) REPORT.— 

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

18 after the date of enactment of this Act, the Adminis19 trator shall submit to Congress a report on the re20 sults of the study conducted under subsection (a). 

21 (2) INFORMATION ON POTENTIAL CONTAMI22 NANT IMPACTS.—The report shall include informa23 tion on the potential impacts of pathogenic contami24 nation on ground and surface water resources as 

25 well as public and ecosystem health in coastal com26 munities. 


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1 (3) MONITORING.—The report shall address 

2 monitoring required to document and assess chang3 ing conditions of coastal water resources, rec4 reational waters, and ecosystems and review the cur5 rent ability to assess and forecast impacts associated 

6 with long-term change. 

7 (4) FEDERAL ACTIONS.—The report shall high8 light necessary Federal actions to help advance the 

9 availability of information and tools to assess and 

10 mitigate these effects in order to protect public and 

11 ecosystem health. 

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

13 the Administrator shall work in consultation with 

14 agencies active in the development of the National 

15 Water Quality Monitoring Network and the imple16 mentation of the Ocean Research Priorities Plan and 

17 Implementation Strategy. 

18 SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 

19 RECREATION WATERS. 

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

21 study to review the available scientific information per22 taining to the impacts of excess nutrients on coastal recre23 ation waters. 

24 (b) REPORT.— 


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

2 after the date of enactment of this Act, the Adminis3 trator shall transmit to the Committee on Transpor4 tation and Infrastructure of the House of Represent5 atives and the Committee on Environment and Pub6 lic Works of the Senate a report on the results of 

7 the study conducted under subsection (a). 

8 (2) IMPACTS.—Such report shall include infor9 mation on any adverse impacts of excess nutrients 

10 on coastal recreation waters, including adverse im11 pacts caused by algal blooms resulting from excess 

12 nutrients. 

13 (3) RECOMMENDATIONS.—Such report shall in14 clude recommendations for action to address adverse 

15 impacts of excess nutrients and algal blooms on 

16 coastal recreation waters, including the establish17 ment and implementation of numeric water quality 

18 criteria for nutrients. 

19 (4) CONSULTATION.—In developing such re20 port, the Administrator shall consult with the heads 

21 of other appropriate Federal agencies (including the 


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1 National Oceanic and Atmospheric Administration), 

2 States, and local government entities. 

Passed the House of Representatives July 29, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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