JOURNAL OF THE

680

T64.8 MAY 11

clude performance standards, guidelines,

guidance, and model management practices

and measures and treatment requirements,

as appropriate, and as identified in subsection (g)(1).

‘‘(2) INFORMATION TO BE USED IN DEVELOPMENT.—The stormwater discharge criteria to

be established under this subsection—

‘‘(A) shall be developed from—

‘‘(i) the findings and conclusions of the

demonstration programs and research conducted under subsection (g);

‘‘(ii) the findings and conclusions of the research and monitoring activities of

stormwater dischargers performed in compliance with permit requirements of this Act;

and

‘‘(iii) other relevant information, including

information submitted to the Administrator

under the industrial group permit application process in effect under section 402 of

this Act;

‘‘(B) shall be developed in consultation

with persons with expertise in the management of stormwater (including officials of

State and local government, industrial and

commercial stormwater dischargers, and

public interest groups); and

‘‘(C) shall be established as an element of

the water quality standards that are developed and implemented under this Act by not

later than December 31, 2008.

‘‘(i) COLLECTION OF INFORMATION.—The Administrator shall collect and make available,

through publications and other appropriate

means, information pertaining to model

management practices and measures and implementation methods, including, but not

limited to—

‘‘(1) information concerning the costs and

relative efficiencies of model management

practices and measures for reducing pollution from stormwater discharges; and

‘‘(2) available data concerning the relationship between water quality and implementation of various management practices to

control pollution from stormwater discharges.

‘‘(j) REPORTS OF ADMINISTRATOR.—

‘‘(1) BIENNIAL REPORTS.—Not later than

January 1, 1996, and biennially thereafter,

the Administrator shall transmit to the

Committee on Transportation and Infrastructure of the House of Representatives

and the Committee on Environment and

Public Works of the Senate, a report for the

preceding fiscal year on the activities and

programs implemented under this section

and the progress made in reducing pollution

in the navigable waters resulting from

stormwater discharges and improving the

quality of such waters.

‘‘(2) CONTENTS.—Each report submitted

under paragraph (1), at a minimum shall—

‘‘(A) describe the management programs

being implemented by the States by types of

affected navigable waters, categories and

subcategories of stormwater discharges, and

types of measures being implemented;

‘‘(B) describe the experiences of the States

in adhering to schedules and implementing

the measures under subsection (c);

‘‘(C) describe the amount and purpose of

grants awarded pursuant to subsection (g);

‘‘(D) identify, to the extent that information is available, the progress made in reducing pollutant loads and improving water

quality in the navigable waters;

‘‘(E) indicate what further actions need to

be taken to attain and maintain in those

navigable waters (i) applicable water quality

standards, and (ii) the goals and requirements of this Act;

‘‘(F) include recommendations of the Administrator concerning future programs (including enforcement programs) for controlling pollution from stormwater; and

‘‘(G) identify the activities and programs

of departments, agencies, and instrumentalities of the United States that are inconsistent with the municipal stormwater management programs implemented by the

States under this section and recommended

modifications so that such activities and

programs are consistent with and assist the

States in implementation of such management programs.

‘‘(k) GUIDANCE ON MODEL STORMWATER

MANAGEMENT PRACTICES AND MEASURES.—

‘‘(1) IN GENERAL.—The Administrator, in

consultation with appropriate Federal,

State, and local departments and agencies,

and after providing notice and opportunity

for public comment, shall publish guidance

to identify model management practices and

measures which may be undertaken, at the

discretion of the State or appropriate entity,

under a management program established

pursuant to this section. In preparing such

guidance, the Administrator shall consider

integration of a municipal stormwater management program of a State with, and the relationship of such program to, the nonpoint

source management program of the State

under section 319.

‘‘(2) PUBLICATION.—The Administrator

shall publish proposed guidance under this

subsection not later than 6 months after the

date of the enactment of this subsection and

shall publish final guidance under this subsection not later than 18 months after such

date of enactment. The Administrator shall

periodically review and revise the final guidance upon adequate notice and opportunity

for public comment at least once every 3

years after its publication.

‘‘(3) MODEL MANAGEMENT PRACTICES AND

MEASURES DEFINED.—For the purposes of this

subsection, the term ‘‘model management

practices and measures’’ means economically achievable measures for the control of

pollutants from stormwater discharges

which reflect the most cost-effective degree

of pollutant reduction achievable through

the application of the best available practices, technologies, processes, siting criteria,

operating methods, or other alternatives.

‘‘(l) ENFORCEMENT WITH RESPECT TO MUNICIPAL STORMWATER DISCHARGERS VIOLATING

STATE MANAGEMENT PROGRAMS.—Municipal

stormwater dischargers that do not comply

with State management program requirements under subsection (c) are subject to applicable enforcement actions under sections

309 and 505 of this Act.

‘‘(m) ENTRY AND INSPECTION.—In order to

carry out the objectives of this section, an

authorized representative of a State, upon

presentation of his or her credentials, shall

have a right of entry to, upon, or through

any property at which a stormwater discharge or records required to be maintained

under the State municipal stormwater management program are located.

‘‘(n) LIMITATION ON DISCHARGES REGULATED

UNDER WATERSHED MANAGEMENT PROGRAM.—

Municipal stormwater discharges regulated

under section 321 in a manner consistent

with this section shall not be subject to this

section.’’.

(b) CONFORMING AMENDMENTS TO INDUSTRIAL STORMWATER DISCHARGE PROGRAM.—

Section 402(p) (33 U.S.C 1342(p)) is amended—

(1) in the subsection heading by striking

‘‘MUNICIPAL AND’’;

(2) in paragraph (1) by striking ‘‘1994’’ and

inserting ‘‘2001’’;

(3) by adding at the end of the paragraph

(1) the following: ‘‘This subsection does not

apply to municipal stormwater discharges

which are covered by section 322.’’;

(4) in paragraph (2) by striking subparagraphs (C) and (D) and by redesignating subparagraph (E) as subparagraph (C);

(5) in paragraph (3)—

(A) by striking the heading for subparagraph (A);

(B) by moving the text of subparagraph (A)

after the paragraph heading; and

(C) by striking subparagraph (B);

(6) in paragraph (4)—

(A) by striking the heading for subparagraph (A);

(B) by moving the text of subparagraph (A)

after the paragraph heading;

(C) by striking ‘‘and (2)(C)’’; and

(D) by striking subparagraph (B);

(7) by striking paragraph (5);

(8) by redesignating paragraph (6) as paragraph (5); and

(9) in paragraph (5) as so redesignated—

(A) by striking ‘‘1993’’ and inserting ‘‘2000’’;

and

(B) by inserting after ‘‘paragraph (2)’’ the

following: ‘‘and other than municipal

stormwater discharges’’.

(c) DEFINITIONS.—Section 502 (33 U.S.C.

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

‘‘(25) The term ‘stormwater’ means runoff

from rain, snow melt, or any other precipitation-generated surface runoff.

‘‘(26) The term ‘stormwater discharge’

means a discharge from any conveyance

which is used for the collecting and conveying of stormwater to navigable waters

and which is associated with a municipal

storm sewer system or industrial, commercial, oil, gas, or mining activities or construction activities.’’.

It was decided in the Yeas ....... 159 ! negative ....................... Nays ...... 258

T64.8 [Roll No. 316]

AYES—159

Abercrombie

Ackerman

Andrews

Baesler

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Boehlert

Bonior

Borski

Boucher

Brown (CA)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clyburn

Collins (MI)

Conyers

Coyne

Deal

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Durbin

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Forbes

Ford

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gilchrest

Gilman

Green

Gutierrez

Hamilton

Harman

Hastings (FL)

Hefner

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moran

Morella

Nadler

Neal

Oberstar

Obey

Olver

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (MN)

Pomeroy

Rahall

Reed

Reynolds

Richardson

Rivers

Roemer

Ros-Lehtinen

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Shays

Skaggs

Slaughter

Stark

Stokes

Studds

Stupak

Thompson

Thurman

Torres

Torricelli

Tucker

Velazquez

Vento

Visclosky

Volkmer

Walsh

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

Zimmer

NOES—258

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr
HOUSE OF REPRESENTATIVES

681

1995 T64.9

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehner

Bonilla

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Coleman

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gillmor

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hilliard

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (SD)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Meehan

Meyers

Mica

Miller (FL)

Molinari

Mollohan

Montgomery

Moorhead

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Payne (VA)

Petri

Pickett

Pombo

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rohrabacher

Rose

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shuster

Sisisky

Skeen

Skelton

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thornberry

Thornton

Tiahrt

Traficant

Upton

Vucanovich

Waldholtz

Walker

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

NOT VOTING—17

Baldacci

Bono

Brown (FL)

Collins (GA)

Collins (IL)

Hall (OH)

McNulty

Metcalf

Moakley

Murtha

Peterson (FL)

Rangel

Rogers

Smith (MI)

Torkildsen

Towns

Whitfield

So the amendment was not agreed to.

After some further time,

T64.9 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 shortterm 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.—