```

[Journal of the House of Representatives, 1995]
[Thursday, May 11, 1995 (64), Para 64.9 Recorded Vote]
[Pages 681-682]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.64.9  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. PALLONE:

       Page 72, strike line 20 and all that follows through line 
     18 on page 73 and insert the following:
       (b) Beaches Environmental Assessment, Closure, and 
     Health.--
       (1) Water quality criteria and standards.--
       (A) Issuance of criteria.--Section 304(a) (33 U.S.C. 
     1314(a)) is further amended by adding at the end the 
     following:
       ``(13) Coastal recreation waters.--(A) The Administrator, 
     after consultation with appropriate Federal and State 
     agencies and other interested persons, shall issue within 18 
     months after the effective date of this paragraph (and review 
     and revise from time to time thereafter) water quality 
     criteria for pathogens in coastal recreation waters. Such 
     criteria shall--
       ``(i) be based on the best available scientific 
     information;
       ``(ii) be sufficient to protect public health and safety in 
     case of any reasonably anticipated exposure to pollutants as 
     a result of swimming, bathing, or other body contact 
     activities; and
       ``(iii) include specific numeric criteria calculated to 
     reflect public health risks from short-term increases in 
     pathogens in coastal recreation waters resulting from 
     rainfall, malfunctions of wastewater treatment works, and 
     other causes.
       ``(B) For purposes of this paragraph, the term `coastal 
     recreation waters' means Great Lakes and marine coastal 
     waters commonly used by the public for swimming, bathing, or 
     other similar primary contact purposes.''.
       (B) Standards.--
       (i) Adoption by states.--A State shall adopt water quality 
     standards for coastal recreation waters which, at a minimum, 
     are consistent with the criteria published by the 
     Administrator under section 304(a)(13) of the Federal Water 
     Pollution Control Act not later than 3 years following the 
     date of such publication. Such water quality standards shall 
     be developed in accordance with the requirements of section 
     303(c) of the Federal Water Pollution Control Act. A State 
     shall incorporate such standards into all appropriate 
     programs into which such State would incorporate water 
     quality standards adopted under section 303(c) of the Federal 
     Water Pollution Control Act.
       (ii) Failure of states to adopt.--If a State has not 
     complied with subparagraph (A) by the last day of the 3-year 
     period beginning on the date of publication of criteria under 
     section 304(a)(13) of the Federal Water Pollution Control 
     Act, the Administrator shall promulgate water quality 
     standards for coastal recreation waters for the State under 
     applicable provisions of section 303 of the Federal Water 
     Pollution Control Act. The water quality standards for 
     coastal recreation waters shall be consistent with the 
     criteria published by the Administrator under such section 
     304(a)(13). The State shall use the standards issued by the 
     Administrator in implementing all programs for which water 
     quality standards for coastal recreation waters are used.
       (2) Coastal beach water quality monitoring.--Title IV (33 
     U.S.C. 1341-1345) is amended by adding at the end thereof the 
     following new section:

     ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

       ``(a) Monitoring.--Not later than 9 months after the date 
     on which the Administrator publishes revised water quality 
     criteria for coastal recreation waters under section 
     304(a)(13), the Administrator shall publish regulations 
     specifying methods to be used by States to monitor coastal 
     recreation waters, during periods of use by the public, for 
     compliance with applicable water quality standards for those 
     waters and protection of the public safety. Monitoring 
     requirements established pursuant to this subsection shall, 
     at a minimum--
       ``(1) specify the frequency of monitoring based on the 
     periods of recreational use of such waters;
       ``(2) specify the frequency of monitoring based on the 
     extent and degree of use during such periods;
       ``(3) specify the frequency of monitoring based on the 
     proximity of coastal recreation waters to pollution sources;
       ``(4) specify methods for detecting short-term increases in 
     pathogens in coastal recreation waters;
       `'(5) specify the conditions and procedures under which 
     discrete areas of coastal recreation waters may be exempted 
     by the Administrator from the monitoring requirements of this 
     subsection, if the Administrator determines that an exemption 
     will not impair--
       ``(A) compliance with the applicable water quality 
     standards for those waters; and
       ``(B) protection of the public safety; and
       ``(6) require, if the State has an approved coastal zone 
     management program under section 306 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1455), that each coastal 
     zone management agency of the State provide technical 
     assistance to local governments within the State for ensuring 
     that coastal recreation waters and beaches are as free as 
     possible from floatable materials.
       ``(b) Notification Requirements.--Regulations published 
     pursuant to subsection (a) shall require States to notify 
     local governments and the public of violations of applicable 
     water quality standards for State coastal recreation waters. 
     Notification pursuant to this subsection shall include, at a 
     minimum--
       ``(1) prompt communication of the occurrence, nature, and 
     extent of such a violation, to a designated official of a 
     local government having jurisdiction over land adjoining the 
     coastal recreation waters for which a violation is 
     identified; and
       ``(2) posting of signs, for the period during which the 
     violation continues, sufficient to give notice to the public 
     of a violation of an applicable water quality standard for 
     such waters and the potential risks associated with body 
     contact recreation in such waters.
       ``(c) Floatable Materials Monitoring Procedures.--The 
     Administrator shall--
       ``(1) issue guidance on uniform assessment and monitoring 
     procedures for floatable materials in coastal recreation 
     waters; and
       ``(2) specify the conditions under which the presence of 
     floatable material shall constitute a threat to public health 
     and safety.
       ``(d) Delegation of Responsibility.--A State may delegate 
     responsibility for monitoring and posting of coastal 
     recreation waters pursuant to this section to local 
     government authorities.
       ``(e) Review and Revision of Regulations.--The 
     Administrator shall review and revise regulations published 
     pursuant to this section periodically.
       ``(f) Definitions.--For the purposes of this section--
       ``(1) the term `coastal recreation waters' means Great 
     Lakes and marine coastal waters commonly used by the public 
     for swimming, bathing, or other similar body contact 
     purposes; and
       ``(2) the term `floatable materials' means any matter that 
     may float or remain suspended in the water column and 
     includes plastic, aluminum cans, wood, bottles, and paper 
     products.''.
       (3) Study to identify indicators of human-specific pathoens 
     in coastal recreation waters.--

[[Page 682]]

       (A) Study.--The Administrator, in co-operation with the 
     Under Secretary of Commerce for Oceans and Atmosphere, shall 
     conduct an ongoing study to provide additional information to 
     the current base of knowledge for use for developing better 
     indicators for directly detecting in coastal recreation 
     waters the presence of bacteria and viruses which are harmful 
     to human health.
       (B) Report.--Not later than 4 years after the date of the 
     enactment of this Act, and periodically thereafter, the 
     Administrator shall submit to the Congress a report 
     describing the findings of the study under this paragraph, 
     including--
       (i) recommendations concerning the need for additional 
     numerical limits or conditions and other actions needed to 
     improve the quality of coastal recreation waters;
       (ii) a description of the amounts and types of floatable 
     materials in coastal waters and on coastal beaches and of 
     recent trends in the amounts and types of such floatable 
     materials; and
       (iii) an evaluation of State efforts to implement this 
     section, including the amendments made by this section.
       (4) Grants to states.--
       (1) Grants.--The Administrator may make grants to States 
     for use in fulfilling requirements established pursuant to 
     paragraphs (1) and (2) (including any amendments made by such 
     paragraphs).
       (B) Cost sharing.--The total amount of grants to a State 
     under this paragraph for a fiscal year shall not exceed 50 
     percent of the cost to the State of implementing requirements 
     established pursuant to such paragraphs.
       (5) Definitions.--In this subsection--
       (A) the term ``coastal recreation waters'' means Great 
     Lakes and marine coastal waters commonly used by the public 
     for swimming, bathing, or other similar body contact 
     purposes; and
       (B) the term ``floatable materials'' means any matter that 
     may float or remain suspended in the water column and 
     includes plastic, aluminum cans, wood, bottles, and paper 
     products.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator--
       (A) for use in making grants to States under paragraph (4) 
     not more than $3,000,000 for each of the fiscal years 1996 
     and 1997; and
       (B) for carrying out the other provisions of this 
     subsection not more than $1,000,000 for each of the fiscal 
     years 1996 and 1997.

       Page 204, line 14, strike ``406'' and insert ``407''.

It was decided in the

Yeas

175

negative

Nays

251
```