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[House Report 111-214]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-214

======================================================================

 
        CLEAN COASTAL ENVIRONMENT AND PUBLIC HEALTH ACT OF 2009

                                _______
                                

 July 20, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2093]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2093) to amend the Federal Water 
Pollution Control Act relating to beach monitoring, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Clean Coastal Environment and Public 
Health Act of 2009''.

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.

  (a) Monitoring Protocols.--Section 406(a)(1)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking 
``methods for monitoring'' and inserting ``protocols for monitoring 
that are most likely to detect pathogenic contamination''.
  (b) Source Tracking.--Section 406(b) of such Act (33 U.S.C. 1346(b)) 
is amended--
          (1) by redesignating paragraphs (3) and (4) as paragraphs (4) 
        and (5), respectively; and
          (2) by inserting after paragraph (2) the following:
          ``(3) Source identification programs.--In carrying out a 
        monitoring and notification program, a State or local 
        government may develop and implement a coastal recreation 
        waters pollution source identification and tracking program for 
        coastal recreation waters adjacent to beaches or similar points 
        of access that are used by the public and are not meeting 
        applicable water quality standards for pathogens and pathogen 
        indicators.''.
  (c) Authorization of Appropriations.--Section 406(i) of such Act (33 
U.S.C. 1346(i)) is amended by striking ``$30,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$40,000,000 for each of 
fiscal years 2010 through 2014''.

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH 
                    ACT.

  Section 8 of the Beaches Environmental Assessment and Coastal Health 
Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2014''.

SEC. 4. STATE REPORTS.

  Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act 
(as redesignated by section 2(b)(1) of this Act) is amended by striking 
``public'' and inserting ``public and all environmental agencies of the 
State with authority to prevent or treat sources of pathogenic 
contamination in coastal recreation waters''.

SEC. 5. USE OF RAPID TESTING METHODS.

  (a) Contents of State and Local Government Programs.--Section 
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)(4)(A)) is amended by striking ``methods'' and inserting 
``methods, including a rapid testing method after the last day of the 
one-year period following the date of validation of that rapid testing 
method by the Administrator,''.
  (b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C. 
1314(a)(9)(A)) is amended by striking ``methods, as appropriate'' and 
inserting ``methods, including rapid testing methods''.
  (c) Validation and Use of Rapid Testing Methods.--
          (1) Validation of rapid testing methods.--Not later than 
        October 15, 2012, the Administrator of the Environmental 
        Protection Agency (in this Act referred to as the 
        ``Administrator'') shall complete an evaluation and validation 
        of a rapid testing method for the water quality criteria and 
        standards for pathogens and pathogen indicators described in 
        section 304(a)(9)(A) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1314(a)(9)(A)).
          (2) Guidance for use of rapid testing methods.--
                  (A) In general.--Not later than 180 days after 
                completion of the validation under paragraph (1), and 
                after providing notice and an opportunity for public 
                comment, the Administrator shall publish guidance for 
                the use at coastal recreation waters adjacent to 
                beaches or similar points of access that are used by 
                the public of the rapid testing method that will 
                enhance the protection of public health and safety 
                through rapid public notification of any exceeding of 
                applicable water quality standards for pathogens and 
                pathogen indicators.
                  (B) Prioritization.--In developing such guidance, the 
                Administrator shall require the use of the rapid 
                testing method at those beaches or similar points of 
                access that are the most used by the public.
  (d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is amended 
by adding at the end the following:
          ``(26) Rapid testing method.--The term `rapid testing method' 
        means a method of testing the water quality of coastal 
        recreation waters for which results are available as soon as 
        practicable and not more than 6 hours after the commencement of 
        the rapid testing method in the laboratory.''.
  (e) Revisions to Rapid Testing Methods.--
          (1) In general.--Upon completion of the validation required 
        under subsection (c)(1), and every 5 years thereafter, the 
        Administrator shall identify and review potential rapid testing 
        methods for existing water quality criteria for pathogens and 
        pathogen indicators for coastal recreation waters.
          (2) Revisions to rapid testing methods.--If a rapid testing 
        method identified under paragraph (1) will make results 
        available in less time and improve the accuracy and 
        reproducibility of results when compared to the existing rapid 
        testing method, the Administrator shall complete an evaluation 
        and validation of the rapid testing method as expeditiously as 
        practicable.
          (3) Reporting requirement.--Upon completion of the review 
        required under paragraph (1), the Administrator shall publish 
        in the Federal Register the results of the review, including 
        information on any potential rapid testing method proposed for 
        evaluation and validation under paragraph (2).
          (4) Declaration of goals for rapid testing methods.--It is a 
        national goal that by 2017, a rapid testing method for testing 
        water quality of coastal recreation waters be developed that 
        can produce accurate and reproducible results in not more than 
        2 hours after commencement of the rapid testing method.

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

  Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)) is amended--
          (1) in paragraph (5) by striking ``prompt communication'' and 
        inserting ``communication, within 24 hours of the receipt of 
        the results of a water quality sample,'';
          (2) in subparagraph (A) of paragraph (5)--
                  (A) by inserting ``(i) in the case of any State in 
                which the Administrator is administering the program 
                under section 402,'' before ``the Administrator'' the 
                first place it appears; and
                  (B) by inserting at the end the following:
                  ``(ii) in the case of any State other than a State to 
                which clause (i) applies, all agencies of the State 
                government with authority to require the prevention or 
                treatment of the sources of coastal recreation water 
                pollution; and'';
          (3) by redesignating paragraphs (6) and (7) as paragraphs (7) 
        and (8), respectively; and
          (4) by inserting after paragraph (5) the following:
          ``(6) measures for an annual report to the Administrator, in 
        such form as the Administrator determines appropriate, on the 
        occurrence, nature, location, pollutants involved, and extent 
        of any exceeding of applicable water quality standards for 
        pathogens and pathogen indicators;''.

SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.

  Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)) is amended--
          (1) in paragraph (7) (as redesignated by section 6(3) of this 
        Act)--
                  (A) by striking ``the posting'' and inserting ``the 
                immediate posting''; and
                  (B) by striking ``and'' at the end;
          (2) by striking the period at the end of paragraph (8) (as 
        redesignated by section 6(3) of this Act) and inserting a 
        semicolon; and
          (3) by adding at the end the following:
          ``(9) the availability of a geographic information system 
        database that such State or local government program shall use 
        to inform the public about coastal recreation waters and that--
                  ``(A) is publicly accessible and searchable on the 
                Internet;
                  ``(B) is organized by beach or similar point of 
                access;
                  ``(C) identifies applicable water quality standards, 
                monitoring protocols, sampling plans and results, and 
                the number and cause of coastal recreation water 
                closures and advisory days; and
                  ``(D) is updated within 24 hours of the availability 
                of revised information; and
          ``(10) measures to ensure that closures or advisories are 
        made or issued within 2 hours after the receipt of the results 
        of a water quality sample that exceeds applicable water quality 
        standards for pathogens and pathogen indicators.''.

SEC. 8. COMPLIANCE REVIEW.

  Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(h)) is amended--
          (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
          (2) by moving such subparagraphs 2 ems to the right;
          (3) by striking ``In the'' and inserting the following:
          ``(1) In general.--In the''; and
          (4) by adding at the end the following:
          ``(2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of this 
        paragraph, the Administrator shall--
                  ``(A) prepare a written assessment of compliance with 
                all statutory and regulatory requirements of this 
                section for each State and local government and of 
                compliance with conditions of each grant made under 
                this section to a State or local government;
                  ``(B) notify the State or local government of such 
                assessment; and
                  ``(C) make each of the assessments available to the 
                public in a searchable database on the Internet on or 
                before December 31 of such calendar year.
          ``(3) Corrective action.--If a State or local government that 
        the Administrator notifies under paragraph (2) is not in 
        compliance with any requirement or grant condition described in 
        paragraph (2) fails to take such action as may be necessary to 
        comply with such requirement or condition within one year after 
        the date of notification, any grants made under subsection (b) 
        to the State or local government, after the last day of such 
        one-year period and while the State or local government is not 
        in compliance with all requirements and grant conditions 
        described in paragraph (2), shall have a Federal share of not 
        to exceed 50 percent.
          ``(4) GAO review.--Not later than December 31 of the third 
        calendar year beginning after the date of enactment of this 
        paragraph, the Comptroller General shall conduct a review of 
        the activities of the Administrator under paragraphs (2) and 
        (3) during the first and second calendar years beginning after 
        such date of enactment and submit to Congress a report on the 
        results of such review.''.

SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.

  Section 304(a)(9) of the Federal Water Pollution Control Act (33 
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
                  ``(C) Publication of pathogen and pathogen indicator 
                list.--Upon publication of the new or revised water 
                quality criteria under subparagraph (A), the 
                Administrator shall publish in the Federal Register a 
                list of all pathogens and pathogen indicators studied 
                under section 104(v).''.

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

  Section 303(i)(2)(A) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(i)(2)(A)) is amended by striking ``paragraph (1)(A)'' each 
place it appears and inserting ``paragraph (1)''.

SEC. 11. NATIONAL LIST OF BEACHES.

  Section 406(g)(3) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(g)(3)) is amended by striking ``The Administrator'' and all 
that follows through the period and inserting ``Within 12 months after 
the date of the enactment of the Clean Coastal Environment and Public 
Health Act of 2009, and biennially thereafter, the Administrator shall 
update the list described in paragraph (1).''.

SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC CONTAMINATION OF 
                    COASTAL RECREATION WATERS.

  (a) Study.--The Administrator shall conduct a study on the long-term 
impact of climate change on pathogenic contamination of coastal 
recreation waters.
  (b) Report.--
          (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report on the results of the study conducted under 
        subsection (a).
          (2) Information on potential contaminant impacts.--The report 
        shall include information on the potential impacts of 
        pathogenic contamination on ground and surface water resources 
        as well as public and ecosystem health in coastal communities.
          (3) Monitoring.--The report shall address monitoring required 
        to document and assess changing conditions of coastal water 
        resources, recreational waters, and ecosystems and review the 
        current ability to assess and forecast impacts associated with 
        long-term change.
          (4) Federal actions.--The report shall highlight necessary 
        Federal actions to help advance the availability of information 
        and tools to assess and mitigate these effects in order to 
        protect public and ecosystem health.
          (5) Consultation.--In developing the report, the 
        Administrator shall work in consultation with agencies active 
        in the development of the National Water Quality Monitoring 
        Network and the implementation of the Ocean Research Priorities 
        Plan and Implementation Strategy.

SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL RECREATION WATERS.

  (a) Study.--The Administrator shall conduct a study to review the 
available scientific information pertaining to the impacts of excess 
nutrients on coastal recreation waters.
  (b) Report.--
          (1) In general.--Not later than one year after the date of 
        enactment of this Act, 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 on the results of the study 
        conducted under subsection (a).
          (2) Impacts.--Such report shall include information on any 
        adverse impacts of excess nutrients on coastal recreation 
        waters, including adverse impacts caused by algal blooms 
        resulting from excess nutrients.
          (3) Recommendations.--Such report shall include 
        recommendations for action to address adverse impacts of excess 
        nutrients and algal blooms on coastal recreation waters, 
        including the establishment and implementation of numeric water 
        quality criteria for nutrients.
          (4) Consultation.--In developing such report, the 
        Administrator shall consult with the heads of other appropriate 
        Federal agencies (including the National Oceanic and 
        Atmospheric Administration), States, and local government 
        entities.

                       Purpose of the Legislation

    H.R. 2093, the ``Clean Coastal Environment and Public 
Health Act of 2009'', as amended, revises the Federal Water 
Pollution Control Act (Clean Water Act) to reauthorize 
appropriations for the Beaches Environmental Assessment and 
Coastal Health Act (BEACH Act) through fiscal year 2014, and to 
make programmatic changes to state and local coastal recreation 
water quality monitoring and notification programs.

                  Background and Need for Legislation

    The nation is fortunate to have nearly 23,000 miles of 
ocean shoreline along the continental United States, more than 
5,500 miles of Great Lakes shoreline, and 3.6 million miles of 
rivers and streams. Beaches are an important part of the 
complex and dynamic coastal watershed, providing numerous 
recreational opportunities for millions of people, including 
boating, fishing, swimming, beachcombing, bird-watching, and 
sunbathing.
    Each year, more than 180 million people visit our nation's 
coastal and Great Lakes waters for recreational purposes. This 
activity supports more than 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 recreational waters. This confidence is 
important not only to each citizen who swims or surfs, but also 
to the tourism and recreation industries that rely on safe and 
swimmable coastal waters.
    According to a recent Environmental Protection Agency (EPA) 
report, over the past 50 years, epidemiological studies and 
investigations following widespread waterborne illnesses have 
linked swimming in polluted water with adverse health effects. 
Swimming-related diseases can range from less severe 
gastrointestinal diseases (e.g., sore throats and diarrhea) and 
non-gastrointestinal diseases (e.g., respiratory, ear, eye, and 
skin infections) to more serious illnesses, such as meningitis 
or hepatitis.
    On October 10, 2000, the BEACH Act was signed into law. 
This legislation, which amended the Clean Water Act, was 
introduced to limit and prevent human exposure to polluted 
coastal recreation waters (including waters along the Great 
Lakes) by assisting States and local governments to implement 
beach monitoring, assessment, and public notification programs. 
For these purposes, the BEACH Act authorized $30 million 
annually for fiscal years 2001 through 2005.
    In addition, the BEACH Act required States and tribes with 
coastal recreation waters to adopt minimum water quality 
standards for pathogens and pathogen indicators by April 10, 
2004, and directed EPA to promulgate standards for States that 
failed to establish standards as protective of human health as 
EPA's existing criteria--the 1986 Ambient Water Quality 
Criteria for Bacteria.
    Finally, the BEACH Act required EPA to conduct additional 
studies associated with pathogens and human health and to 
publish new or revised water quality criteria for pathogens and 
pathogen indicators within five years of the date of enactment 
of the BEACH Act (ending on October 10, 2005), based on the 
results of these studies. EPA is also directed to review these 
revised water quality criteria every five years, and to revise 
the criteria, as necessary, to protect human health. States are 
directed to adopt any revised water quality criteria within 
three years of publication by EPA.

                    Implementation of the BEACH Act

                           BEACH ACT FUNDING

    Since 2001, Congress has appropriated nearly $82 million in 
BEACH Act grant funds to the 35 States, territories, and tribes 
with coastal recreation waters to support the implementation of 
coastal recreation water monitoring and notification programs. 
According to EPA, States are using the grant funds to implement 
beach monitoring and notification programs that are consistent 
with national guidance. States collect and analyze water 
samples to determine whether local recreation waters exceed (or 
are likely to exceed) water quality standards for public health 
protection, and notify the public if water quality standards 
are exceeded (or likely to be exceeded).
    EPA awards grants to the 35 eligible States, territories, 
and tribes using an allocation formula developed by EPA in 
2002. According to EPA, this allocation formula was developed 
in consultation with the States and other stakeholders, and 
uses three factors--beach season length, beach miles, and beach 
usage--to determine an equitable allocation of funds. However, 
because data for beach miles and beach usage were not readily 
available in 2002, shoreline length and coastal population were 
used as surrogates for these factors.

                     STATE WATER QUALITY STANDARDS

    Prior to the enactment of the BEACH Act, only 16 States and 
territories with coastal recreation waters had adopted EPA's 
1986 criteria for pathogens and pathogen indicators in coastal 
recreation waters, and incorporated these criteria into their 
water quality standards. The remaining States were either using 
water quality criteria older than the 1986 criteria or no water 
quality criteria at all.
    Since enactment of the BEACH Act, all 35 States and 
territories with coastal recreation waters have adopted 
criteria for pathogens and pathogen indicators that are at 
least as protective of human health as EPA's 1986 criteria. 
Thirteen States and territories adopted these criteria 
voluntarily, and the remaining States and territories were 
included in a November 16, 2004 EPA rulemaking to adopt water 
quality standards consistent with EPA's 1986 criteria. See 
Water Quality Standards for Coastal and Great Lakes Recreation 
Waters, 69 Fed. Reg. 67218 (Nov. 16, 2004).

                  WATER QUALITY CRITERIA AND STANDARDS

    Section 304(a) of the Clean Water Act directs EPA 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. Sec. 131.11(b)(1).
    According to EPA, the Agency's current criteria for 
pathogen and pathogen indicators are based on a series of 
studies conducted by EPA in the late 1970s and early 1980s. In 
1986, EPA recommended the use of indicator organisms as a good 
predictor of potential waterborne illness in water--enterococci 
for fresh and marine waters, and E. coli in fresh water.
    However, during consideration of the BEACH Act in the 
1990s, the Committee on Transportation and Infrastructure was 
concerned that the 1986 revised bacteria criteria were 
inadequate indicators for determining the human health risk 
from all microorganisms, including viruses or other pathogens, 
such as giardia or cryptosporidium. The Committee noted during 
a 1998 hearing on this issue that EPA's 1986 criteria needed to 
be updated to improve the scientific basis for identifying 
pathogens in coastal recreation waters that were potentially 
harmful to human health.
    In response, the BEACH Act directed the EPA Administrator 
(Administrator) to conduct additional studies on revised 
criteria for coastal recreation waters, and to develop newer, 
accurate, and expeditious testing methods for detecting the 
presence of pathogens harmful to human health. Section 304(a) 
of the Clean Water Act was amended to direct the Administrator 
to develop and publish new or revised water quality criteria 
for coastal recreation waters for the purpose of protecting 
human health within five years of the date of enactment of the 
BEACH Act (ending on October 10, 2005), and to review, and 
revise if necessary, these water quality criteria every five 
years thereafter.

LITIGATION AND SCHEDULE FOR PUBLICATION OF NEW OR REVISED WATER QUALITY 
                                CRITERIA

    On August 3, 2006, the Natural Resources Defense Council 
sued EPA for its failure to publish ``new or revised water 
quality criteria for pathogens and pathogen indicators 
(including a revised list of testing methods, as appropriate) . 
. . for the purpose of protecting human health in coastal 
recreation waters'' by October 10, 2005, as required by section 
304(a) of the Clean Water Act, as amended by the BEACH Act.
    In March 2007, the United States District Court for the 
Central District of California, Western Division held that EPA 
had violated its non-discretionary duty to publish new or 
revised criteria by the October 2005 deadline, in violation of 
the Clean Water Act. See Natural Resources Defense Council v. 
EPA, No. CV 06-4843 PSG (C.D. Cal. 2007). The court directed 
the parties to discuss the issue of the appropriate amount of 
time EPA would have to complete publication of new or revised 
water quality criteria for pathogens and pathogen indicators.
    On August 7, 2008, the Natural Resources Defense Council 
and EPA, along with the intervening parties, entered into a 
consent decree and settlement agreement in which EPA committed 
to publish new or revised water quality criteria for coastal 
recreation waters no later than October 15, 2012. In the 
settlement agreement, EPA also commits to validate and publish 
a rapid testing method for the new or revised criteria by 
October 15, 2012.

                       Summary of the Legislation

Section 1. Short title

    This section designates the short title of the bill as the 
``Clean Coastal Environment and Public Health Act of 2009''.

Sec. 2. Water pollution source identification

    This section amends section 406 of the Clean Water Act to 
require EPA to publish performance criteria for protocols to 
monitor coastal recreation water quality, to expand the 
eligible uses of coastal recreation water quality monitoring 
and notification program development and implementation grants, 
and to reauthorize appropriations for such grants.
    Subsection (a) amends section 406(a)(1)(A) to require the 
Administrator to publish specific protocols for the monitoring 
of coastal recreation waters that are most likely to detect 
pathogenic contamination of these waters.
    Subsection (b) amends section 406(b) of the Clean Water Act 
to authorize eligible States and local governments to utilize 
BEACH grant funding to develop and implement coastal recreation 
waters pollution source identification and tracking programs.
    The Committee received testimony on the importance of 
identifying the sources of pollution that are causing beach 
closures. Proper and timely identification of sources of 
pollution will allow State and local governments to take action 
to address these sources of pollution. For example, the State 
of New Jersey has successfully applied microbial source 
tracking techniques, such as coliphage, multiple antibiotic 
resistance testing, and optical brighteners, to identify the 
source of recreational beach water quality impairments. By 
amending the Clean Water Act to allow States and local 
governments to use BEACH grant funding for source tracking, 
H.R. 2093 will help these governments positively identify the 
sources of pollution to coastal recreation waters. States and 
local governments can then take the necessary steps to address 
these sources of pollution. BEACH Act grants are limited to 
developing and implementing coastal water quality monitoring 
and notification programs. Accordingly, States and local 
governments need to pursue other sources of Federal funding, 
such as the Clean Water State Revolving Fund, for efforts to 
address sources of pollution.
    Subsection (c) amends section 406(i) to reauthorize 
appropriations for coastal recreation water quality monitoring 
and notification program development and implementation grants 
through fiscal year 2014. This subsection increases the 
authorization of appropriations for grants from $30 million 
annually to $40 million annually, to reflect the expansion of 
eligible uses for such grants under the Clean Coastal 
Environment and Public Health Act of 2009.

Sec. 3. Funding for Beaches Environmental Assessment and Coastal Health 
        Act

    This section authorizes appropriations for EPA to carry out 
the provisions of the BEACH Act, other than the grant program 
authorized under section 406 of the Clean Water Act, from 
fiscal years 2010 through 2014.

Sec. 4. State reports

    This section amends existing section 406(b)(3)(A)(ii) of 
the Clean Water Act to require States to report to the 
Administrator on actions taken to notify State environmental 
agencies with authority to prevent or treat sources of 
pollution in coastal recreation waters of the extent that a 
coastal recreation water is exceeding or is likely to exceed 
applicable water quality standards.

Sec. 5. Use of rapid testing methods

    This section establishes a definitive timeline for the 
development, testing, and utilization of rapid testing methods 
for detecting the contamination of coastal recreation waters, 
as well as a non-discretionary duty for the Administrator to 
continuously review and revise rapid testing methods where such 
methods make accurate water quality sampling results available 
in less time.
    The Committee has received testimony expressing concern 
that current testing methods, utilizing culture-based methods, 
require up to 24 hours for determining whether coastal 
recreation water adjacent to a beach or similar point of access 
is contaminated. As EPA noted in its March 2007 Report of the 
Experts Scientific Workshop on Critical Research Needs for the 
Development of New or Revised Recreational Water Quality 
Criteria, this extended processing period typically results in 
contaminated beaches remaining open while testing is underway, 
potentially placing the public at risk of coming into direct 
contact with contaminated water. In addition, by the time that 
water quality results are available and warning signs are 
posted, the levels of pathogens or pathogen indicators may have 
returned to normal.
    The Committee believes that the period between when coastal 
recreation water is sampled to when results are made publicly 
available needs to be dramatically shortened to produce real-
time, same-day information on the condition of the nation's 
beaches and recreational waters. The Committee believes that a 
robust monitoring and notification program that provides real-
time information on the quality of coastal recreation waters is 
an effective way to reduce the annual number of swimming-
related illnesses. The evaluation, validation, and 
implementation (by coastal States) of a rapid testing method 
for the revised water quality criteria, as required by H.R. 
2093, will accomplish this task.
    Section 5(a) amends section 406(c)(4)(A) of the Clean Water 
Act to require States and local governments to incorporate the 
use of rapid testing methods into state or local programs for 
monitoring and notification of coastal recreation waters, as a 
condition of eligibility for monitoring and notification grants 
under the BEACH Act. Under this subsection, one year after the 
date on which EPA validates a rapid testing method under 
section 5(c) of the Clean Coastal Environment and Public Health 
Act of 2009, States or local governments must utilize the 
validated rapid testing method as part of its method for 
detecting levels of pathogens and pathogen indicators that are 
harmful to human health.
    Section 5(b) amends section 304(a)(9) of the Clean Water 
Act to require, in the publication of new or revised water 
quality criteria for pathogens and pathogen indicators, that 
the Administrator include standards for the utilization of 
rapid testing methods for the new or revised criteria.
    Subsection 5(c)(1) requires the Administrator to complete 
the validation of a rapid testing method for the water quality 
criteria and standards for pathogen and pathogen indicators 
described in section 304(a)(9)(A) of the Clean Water Act no 
later than October 15, 2012. This timeline is consistent with 
that contained in the consent decree and settlement agreement 
entered into by the Natural Resources Defense Council and EPA 
on August 7, 2008. Through this consent decree and settlement 
agreement, EPA committed to publish new or revised water 
quality criteria for coastal recreation waters no later than 
October 15, 2012. In the settlement agreement, EPA also commits 
to validate and publish a rapid testing method for the new or 
revised criteria by October 15, 2012.
    In addition, the rapid testing methods developed under 
subsection 5(c)(1) are to be used for determining whether a 
water sample from a coastal recreation water or similar point 
of access is meeting the water quality criteria and standards 
for pathogens and pathogen indicators described in section 
304(a)(9)(A) of the Clean Water Act, developed ``for the 
purpose of protecting human health in coastal recreation 
waters.'' Rapid testing methods developed under this subsection 
are not intended for determining the compliance of point source 
discharges, including discharges from wastewater treatment 
facilities, with applicable effluent limitations of the Clean 
Water Act.
    Subsection 5(c)(2) requires EPA to develop and publish 
guidance for the utilization of rapid testing methods, 
including prioritized use of rapid testing methods at those 
beaches or similar points of access that are most used by the 
public. The Committee does not expect that state or local 
governments are likely to utilize rapid testing methods at 
every beach or similar point of access within their 
jurisdiction. The Committee encourages States and local 
governments to utilize rapid testing methods at those beaches 
or similar points of access that have the highest use. The 
guidance developed under this section should assist States and 
localities in making this determination.
    Section 5(d) amends section 502 of the Clean Water Act to 
define the term ``rapid testing method'' as a ``method of 
testing the water quality of a coastal recreation water for 
which results are available as soon as practicable and not more 
than 6 hours after the commencement of the rapid testing method 
in the laboratory.'' In carrying out its authority under 
subsection 5(c)(1), EPA is directed to validate a rapid testing 
method capable of producing results ``as soon as practicable 
but not more than 6 hours'' after commencement of the test. The 
Committee intends this definition to encourage EPA to validate 
a rapid testing method that can produce: (1) accurate and 
reproducible results, and (2) results in as short of a period 
as technology can accomplish. The Committee believes that 
compressing the time period for testing water quality will 
enhance the protection of public health by providing real-time 
information on the condition of coastal recreation waters. The 
Committee is aware of existing technologies that are currently 
available for testing water quality samples for the presence of 
enterococci, E. coli, and bacteroides that can produce accurate 
results in two to three hours, and encourages EPA to validate a 
rapid testing methodology that can achieve accurate results in 
a similar timeframe.
    Section 5(e) requires the Administrator to periodically 
review the state of technology for testing water quality in 
coastal recreation waters to continually improve the standards 
for rapid testing methods, and to validate any new rapid 
testing method that can shorten the time necessary to produce 
accurate and reproducible results on the condition of such 
waters, with a goal of two-hour testing by 2017.
    New subsection 5(e)(1) requires the Administrator, upon 
completion of the validation of the first generation of rapid 
testing methods under subsection 5(c)(1) (no later than October 
15, 2012), and every five years thereafter, to review the 
capabilities of new or proposed rapid testing methods.
    New subsection 5(e)(2) establishes a non-discretionary duty 
for the Administrator to complete an evaluation and validation 
of subsequent generations of rapid testing methods where such 
methods make results available in less time and improve the 
accuracy and reproducibility of results when compared to the 
existing rapid testing method.
    New subsection 5(e)(3) requires the EPA Administrator to 
publish in the Federal Register the results of any review by 
EPA of potential replacement rapid testing methods.
    New subsection 5(e)(4) establishes a national goal that by 
2017, a rapid testing method for testing the water quality of 
coastal recreation waters be developed that can produce 
accurate and reproducible results in not more than two hours 
after commencement of the rapid testing method in the 
laboratory.

Sec. 6. Notification of Federal, State, and local agencies

    This section amends section 406(c) of the Clean Water Act 
to expedite the communication of the occurrence, nature, 
location, pollutants involved, and extent of any exceeding of, 
or likelihood of exceeding, applicable water quality standards 
for coastal recreation waters to the appropriate Federal, 
State, and local governmental agencies.
    The Committee received testimony that, in many cases, the 
notification of contaminated coastal recreation waters to the 
appropriate governmental agencies and the public can be 
delayed, either through lengthy testing periods or a lack of 
consistent public notification timelines or protocols. 
Minimizing the potential delay in public notification is 
critical to protecting public health by ensuring that the 
public is given the opportunity to avoid contact with 
contaminated coastal recreation waters.
    Under current law, the communication of any exceeding or 
potential exceeding of applicable water quality standards must 
occur ``promptly'' and must be made to the Administrator and a 
designated local official having jurisdiction over land 
adjoining the coastal recreation water.
    This section removes any ambiguity in the timeline for 
providing notification by striking the term ``prompt 
communication'' in section 406(c)(5) and inserting 
``communication, within 24 hours of the receipt of the results 
of a water quality sample''.
    This section also amends section 406(c)(5)(A) to include 
within the list of agencies required to receive notification of 
any exceeding of water quality standards State governmental 
agencies with the authority to require the prevention or 
treatment of the sources of coastal recreation water pollution. 
These State governmental agencies will typically be the State 
agencies with approved National Pollutant Discharge Elimination 
System (NPDES) authority under section 402 of the Clean Water 
Act. However, in those States and territories without approved 
NPDES authority, this section provides that the 24-hour 
notification be provided to the Administrator.
    Finally, this section adds a new paragraph six to section 
406(c) that requires eligible State and local governments to 
submit an annual report to the Administrator on the occurrence, 
nature, location, pollutants involved, and extent of any 
exceeding of applicable water quality standards for pathogens 
and pathogen indicators. The Committee expects this annual 
report to be a cumulative accounting of any exceeding of 
applicable water quality standards during the annual reporting 
period.

Sec. 7. Content of State and local programs

    This section amends section 406(c) of the Clean Water Act 
to strengthen the requirements for public notification of 
contaminated coastal recreation waters and publicly available 
information on beach closures.
    This section amends existing section 406(c)(7) of the Clean 
Water Act (as redesignated by section 6(3) of the Clean Coastal 
Environment and Public Health Act) to require State and local 
governments to immediately post signs or functionally 
equivalent communication measures following the results of any 
water quality sample (or predictive methodology) that 
demonstrates a likelihood that the coastal recreation water is 
contaminated.
    The Committee is aware that eight States routinely (and 
five additional States may) utilize a two-step, re-sampling 
approach to test coastal recreation waters. Under this 
approach, when the test results on a coastal recreation water 
sample detect that the water may be contaminated, the state or 
local governmental official can require that a second sample is 
tested before a decision is made to close the beach. 
Accordingly, if a State pairs the use of a culture-based 
testing methodology with a two-step, re-sampling protocol, the 
result may be that the public will not receive any notification 
that a coastal recreation water may be contaminated until three 
days after the initial sample is taken. Given that the best way 
to reduce the risk of public illness from contaminated coastal 
recreation waters is to avoid direct contact with such waters, 
the Committee believes that the time from initial testing to 
public notification of potential impaired water quality needs 
to occur as quickly as possible, and preferably on the same 
day.
    The amendment to existing section 406(c)(7) of the Clean 
Water Act does not prevent States from continuing to utilize a 
two-step, re-sampling approach for decisions to close public 
beaches, but simply requires States and local governments to 
immediately post an advisory sign (or equivalent communication 
measure) warning that a water sample taken at the individual 
beach demonstrates the likelihood that the water may be 
contaminated. If the second sample demonstrates that the 
coastal recreation water does not exceed applicable water 
quality standards, the sign (or equivalent communication 
measure) can be promptly removed.
    This section adds paragraph nine to section 406(c) of the 
Clean Water Act to require eligible State and local governments 
to identify a publicly accessible and searchable database for 
the posting of information on individual beaches or similar 
points of public access for coastal recreation waters. This new 
paragraph does not require that every eligible State or local 
government create an individual database to provide information 
related to its beaches, but contemplates that individual States 
and local governments will partner with existing public 
databases, including existing Internet sites, to ensure that 
the required information is publicly available in a timely 
fashion.
    This section adds paragraph 10 to section 406(c) of the 
Clean Water Act to require eligible States and local 
governments to identify measures to ensure that any decision to 
close a beach or to issue an advisory on coastal recreation 
water quality are made within two hours after the State 
determines that the coastal recreation waters are not meeting 
applicable water quality standards for pathogens and pathogen 
indicators. The Committee does not intend this provision to 
require States or local governments to physically post a sign 
at every beach or similar point of access within two hours of 
notification of contamination. However, this new paragraph does 
require the state or local government to identify what measure 
it will utilize to ensure that beach closures or advisories are 
made or issued to the public within two hours of such 
notification. The Committee expects that whatever communication 
measure is identified by the state or local government, there 
is a reasonable likelihood that the notice of beach closure or 
advisory will be viewed and understood by the public.

Sec. 8. Compliance review

    This section amends section 406(h) of the Clean Water Act 
to authorize the Administrator to conduct a compliance review 
of implementation of the BEACH Act by State and local 
governments, and to take corrective action for State and local 
governments that are not in compliance with the BEACH Act 
requirements. This section also requires the Government 
Accountability Office (GAO) to review and report on EPA's 
administration of the BEACH Act.
    This section requires the EPA Administrator to prepare an 
annual written assessment of compliance with all of the 
statutory and regulatory requirements of the BEACH Act for each 
State and local government that receives a BEACH Act grant. 
This written assessment is to be provided to the individual 
State and local governments, and released to the public through 
a searchable, electronic database, such as the Internet.
    This section also provides state and local governments with 
one year from the date of receipt of a written assessment from 
the Administrator to come into compliance with the BEACH Act 
requirements. If, at the end of this period, the state or local 
government continues to be out of compliance with the BEACH Act 
requirements, this section directs the Administrator to reduce 
the Federal share of coastal recreation water quality 
monitoring and notification program development and 
implementation grants to 50 percent.
    Finally, this section directs GAO to conduct a review and 
report to Congress on the actions by the Administrator to carry 
out annual written compliance assessments and take corrective 
action as necessary.

Sec. 9. Publication of coastal recreation waters pathogen list

    This section amends section 304(a)(9) of the Clean Water 
Act to require the Administrator, upon publication of the new 
or revised water quality criteria for coastal recreation 
waters, to publish in the Federal Register a list of all 
pathogens and pathogen indicators studied in the development of 
the new or revised water quality criteria.

Sec. 10. Adoption of new or revised criteria or standards

    This section amends section 303(i)(2)(A) of the Clean Water 
Act to ensure that any new or revised water quality criteria 
for coastal recreation waters published by EPA are adopted by 
individual States.

Sec. 11. National List of Beaches

    This section amends section 406(g)(3) of the Clean Water 
Act to require the Administrator to continuously update and 
revise the National List of Beaches.

Sec. 12. Impact of climate change on pathogenic contamination of 
        coastal recreational waters

    This section directs the EPA Administrator to undertake a 
study on the long-term impact of climate change on pathogenic 
contamination of coastal recreation waters, and upon completion 
of this study, to submit a report on the results to Congress.

Sec. 13. Impact of excess nutrients on coastal recreation waters

    This section directs the Administrator to undertake a study 
on the impacts of excess nutrients on coastal recreation 
waters.
    On May 12, 2008, the Subcommittee on Water Resources and 
Environment held a field hearing in Port Huron, Michigan, that 
focused on the impacts of nutrients on water quality in the 
Great Lakes area. This field hearing focused on how excessive 
nutrients, such as nitrogen and phosphorous, could result in 
harmful or nuisance algal blooms, reduced spawning grounds and 
nursery habitat, fish kills, and ``dead zones'' in the Great 
Lakes. The Subcommittee received testimony on huge rafts of 
algal blooms in the near shore waters of the Great Lakes that 
significantly affected the health of the near shore waters, and 
significantly impacted the utility of these waters for 
recreational purposes.
    In the most recent National Water Quality Inventory: Report 
to Congress, States identified excessive nutrients as a key 
cause of water quality impairment for many streams, rivers, 
lakes, bays, and estuaries. For example, States identified that 
roughly 40 percent of assessed lakes, 22 percent of assessed 
bays and estuaries, and 15 percent of assessed rivers and 
streams were impaired as a result of excessive nutrients.
    The Committee believes that the study called for in this 
section is a logical progression from that Subcommittee 
hearing. The Committee expects this study to inform any 
potential Congressional or administrative actions to address 
the negative impacts of excessive nutrients.

                           Additional Matters

    In the 110th Congress, the Committee approved H.R. 2537, 
the ``Beach Protection Act of 2007'', on October 31, 2007. H. 
Rept. 110-491. This legislation included language requiring the 
EPA Administrator to carry out a study of the formula for the 
distribution of coastal recreation water quality monitoring and 
notification program development and implementation grants 
under section 406(b) of the Clean Water Act.
    On August 13, 2008, EPA published a notice in the Federal 
Register that the Agency was undertaking a study similar to 
that contained in H.R. 2537. According to EPA, the Agency is in 
the process of finalizing proposed changes to its grants 
distribution formula under the BEACH Act. The Committee expects 
EPA to complete its study and finalize the proposed changes to 
its BEACH Act grants distribution formula in a timely manner.
    The Committee struck a provision from H.R. 2093, as 
introduced, that would have been a duplicative study to the 
study currently being carried out by EPA. The Committee will 
evaluate any proposed changes to the BEACH grant distribution 
formula proposed by EPA.

            Legislative History and Committee Consideration

    In the 110th Congress, on May 24, 2007, Representative 
Frank Pallone introduced H.R. 2537, the ``Beach Protection Act 
of 2007''. On July 12, 2007, the Subcommittee on Water 
Resources and Environment held a hearing on ``Reauthorization 
of the Beaches Environmental Assessment and Coastal Health 
Act''. The Subcommittee heard received testimony from 
Representative Frank Pallone, Representative Brian Bilbray, the 
Environmental Protection Agency, the then-Commissioner of the 
New Jersey Department of Environmental Protection, Lisa P. 
Jackson, the Supervisor of the Town of Southampton, New York, 
the U.S. Government Accountability Office, and representatives 
of non-governmental organizations.
    On October 31, 2007, the Committee on Transportation and 
Infrastructure ordered H.R. 2537, as amended, reported 
favorably to the House by voice vote with a quorum present. On 
December 12, 2007, the Committee reported the bill to the 
House. H. Rept. 110-491. On April 16, 2008, the House passed 
H.R. 2537 by a voice vote. No further action was taken on the 
bill.
    In the 111th Congress, on April 23, 2009, Representative 
Frank Pallone introduced H.R. 2093, the ``Clean Coastal 
Environment and Public Health Act of 2009'', which was modeled 
after H.R. 2537 from the 110th Congress.
    On June 4, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2093 and 
adopted an amendment in the nature of a substitute to the bill. 
The amendment in the nature of a substitute made the following 
changes to the underlying bill: (1) authorize the ability to 
use BEACH Act grants for coastal recreation water source 
tracking programs, on a discretionary basis; (2) reduce the 
authorization of appropriations from $60 million annually to 
$40 million annually; (3) revise the definition of ``rapid 
testing method'', and direct the Administrator to periodically 
survey the state of rapid testing technologies and revise the 
standard for rapid testing methods, with a goal of validation 
of a methodology that can produce results within two hours by 
2017; (4) strike a duplicative study on the BEACH Act grant 
distribution formula; and (5) add a study on the impact of 
excess nutrients on coastal recreation waters. The Committee 
ordered the bill, as amended, reported favorably to the House 
by voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record 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 consideration of H.R. 2093 or ordering the bill reported. 
During consideration of H.R. 2093, the Committee adopted an 
amendment in the nature of a substitute by voice vote with a 
quorum present. A motion to order H.R. 2093, as amended, 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(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. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide for the monitoring of coastal recreation water quality 
and public notification of any exceeding of applicable water 
quality standards at beaches or similar points of public access 
adjacent to coastal recreation waters.
    3. 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 enclosed cost estimate for H.R. 2093 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 10, 2009.
Hon. James L. Oberstar,
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. 2093, the Clean 
Coastal Environment and Public Health Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 2093--Clean Coastal Environment and Public Health Act of 2009

    Summary: H.R. 2093 would authorize the appropriation of $40 
million a year over the 2010-2014 period for the water quality 
program that benefits coastal states under the Clean Water Act. 
Under this program, the Environmental Protection Agency (EPA) 
provides grants to state or local governments to support their 
efforts to monitor the quality of coastal waters and notify the 
public when beach water does not meet established standards. 
This legislation also would authorize the appropriation of such 
sums as may be necessary for EPA to manage the program through 
2014.
    Assuming the appropriation of the necessary funds, CBO 
estimates that implementing H.R. 2093 would cost $17 million in 
2010 and $175 million over the 2010-2014 period. Enacting the 
bill would not affect direct spending or revenues.
    H.R. 2093 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. 2093 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Administrative Support:
    Estimated Authorization Level............................       1       1       1       1       1          5
    Estimated Outlays........................................       1       1       1       1       1          5
Beach Protection Grants:
    Authorization Level......................................      40      40      40      40      40        200
    Estimated Outlays........................................      16      34      40      40      40        170
Total Proposed Changes:
    Estimated Authorization Level............................      41      41      41      41      41        205
    Estimated Outlays........................................      17      35      41      41      41        175
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2093 will be enacted near the end of fiscal year 2009, that the 
specified amounts will be appropriated in each year starting in 
2010, and that outlays will follow historical spending patterns 
for the existing program. CBO estimates that implementing this 
legislation would cost about $175 million over the next five 
years, including about $5 million to administer the grant 
program.
    Intergovernmental and private-sector impact: H.R. 2093 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2093, as amended, does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   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 (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2093 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are 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 (P.L. 104-1).

         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 III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *

            WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS

  Sec. 303. (a) * * *

           *       *       *       *       *       *       *

  (i) Coastal Recreation Water Quality Criteria.--
          (1) * * *
          (2) Failure of states to adopt.--
                  (A) In general.--If a State fails to adopt 
                water quality criteria and standards in 
                accordance with [paragraph (1)(A)] paragraph 
                (1) that are as protective of human health as 
                the criteria for pathogens and pathogen 
                indicators for coastal recreation waters 
                published by the Administrator, the 
                Administrator shall promptly propose 
                regulations for the State setting forth revised 
                or new water quality standards for pathogens 
                and pathogen indicators described in [paragraph 
                (1)(A)] paragraph (1) for coastal recreation 
                waters of the State.

           *       *       *       *       *       *       *

                       INFORMATION AND GUIDELINES

  Sec. 304. (a)(1) * * *

           *       *       *       *       *       *       *

          (9) Revised criteria for coastal recreation waters.--
                  (A) In general.--Not later than 5 years after 
                the date of the enactment of this paragraph, 
                after consultation and in cooperation with 
                appropriate Federal, State, tribal, and local 
                officials (including local health officials), 
                the Administrator shall publish new or revised 
                water quality criteria for pathogens and 
                pathogen indicators (including a revised list 
                of testing [methods, as appropriate] methods, 
                including rapid testing methods), based on the 
                results of the studies conducted under section 
                104(v), for the purpose of protecting human 
                health in coastal recreation waters.

           *       *       *       *       *       *       *

                  (C) Publication of pathogen and pathogen 
                indicator list.--Upon publication of the new or 
                revised water quality criteria under 
                subparagraph (A), the Administrator shall 
                publish in the Federal Register a list of all 
                pathogens and pathogen indicators studied under 
                section 104(v).

           *       *       *       *       *       *       *

TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *

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

  (a) Monitoring and Notification.--
          (1) In general.--Not later than 18 months after the 
        date of the enactment of this section, after 
        consultation and in cooperation with appropriate 
        Federal, State, tribal, and local officials (including 
        local health officials), and after providing public 
        notice and an opportunity for comment, the 
        Administrator shall publish performance criteria for--
                  (A) monitoring and assessment (including 
                specifying available [methods for monitoring] 
                protocols for monitoring that are most likely 
                to detect pathogenic contamination) of coastal 
                recreation waters adjacent to beaches or 
                similar points of access that are used by the 
                public for attainment of applicable water 
                quality standards for pathogens and pathogen 
                indicators; and

           *       *       *       *       *       *       *

  (b) Program Development and Implementation Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Source identification programs.--In carrying out 
        a monitoring and notification program, a State or local 
        government may develop and implement a coastal 
        recreation waters pollution source identification and 
        tracking program for coastal recreation waters adjacent 
        to beaches or similar points of access that are used by 
        the public and are not meeting applicable water quality 
        standards for pathogens and pathogen indicators.
          [(3)] (4) Other requirements.--
                  (A) Report.--A State recipient of a grant 
                under this subsection shall submit to the 
                Administrator, in such format and at such 
                intervals as the Administrator determines to be 
                appropriate, a report that describes--
                          (i) * * *
                          (ii) actions taken to notify the 
                        [public] public and all environmental 
                        agencies of the State with authority to 
                        prevent or treat sources of pathogenic 
                        contamination in coastal recreation 
                        waters when water quality standards are 
                        exceeded.

           *       *       *       *       *       *       *

          [(4)] (5) Federal share.--
                  (A) * * *

           *       *       *       *       *       *       *

  (c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State 
or local government program for monitoring and notification 
under this section shall identify--
          (1) * * *

           *       *       *       *       *       *       *

          (4)(A) the [methods] methods, including a rapid 
        testing method after the last day of the one-year 
        period following the date of validation of that rapid 
        testing method by the Administrator, to be used for 
        detecting levels of pathogens and pathogen indicators 
        that are harmful to human health; and

           *       *       *       *       *       *       *

          (5) measures for [prompt communication] 
        communication, within 24 hours of the receipt of the 
        results of a water quality sample, of the occurrence, 
        nature, location, pollutants involved, and extent of 
        any exceeding of, or likelihood of exceeding, 
        applicable water quality standards for pathogens and 
        pathogen indicators to--
                  (A)(i) in the case of any State in which the 
                Administrator is administering the program 
                under section 402, the Administrator, in such 
                form as the Administrator determines to be 
                appropriate; and
                  (ii) in the case of any State other than a 
                State to which clause (i) applies, all agencies 
                of the State government with authority to 
                require the prevention or treatment of the 
                sources of coastal recreation water pollution; 
                and

           *       *       *       *       *       *       *

          (6) measures for an annual report to the 
        Administrator, in such form as the Administrator 
        determines appropriate, on the occurrence, nature, 
        location, pollutants involved, and extent of any 
        exceeding of applicable water quality standards for 
        pathogens and pathogen indicators;
          [(6)] (7) measures for [the posting] the immediate 
        posting of signs at beaches or similar points of 
        access, or functionally equivalent communication 
        measures that are sufficient to give notice to the 
        public that the coastal recreation waters are not 
        meeting or are not expected to meet applicable water 
        quality standards for pathogens and pathogen 
        indicators; [and]
          [(7)] (8) measures that inform the public of the 
        potential risks associated with water contact 
        activities in the coastal recreation waters that do not 
        meet applicable water quality standards[.];
          (9) the availability of a geographic information 
        system database that such State or local government 
        program shall use to inform the public about coastal 
        recreation waters and that--
                  (A) is publicly accessible and searchable on 
                the Internet;
                  (B) is organized by beach or similar point of 
                access;
                  (C) identifies applicable water quality 
                standards, monitoring protocols, sampling plans 
                and results, and the number and cause of 
                coastal recreation water closures and advisory 
                days; and
                  (D) is updated within 24 hours of the 
                availability of revised information; and
          (10) measures to ensure that closures or advisories 
        are made or issued within 2 hours after the receipt of 
        the results of a water quality sample that exceeds 
        applicable water quality standards for pathogens and 
        pathogen indicators.

           *       *       *       *       *       *       *

  (g) List of Waters.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Updates.--[The Administrator shall update the 
        list described in paragraph (1) periodically as new 
        information becomes available.] Within 12 months after 
        the date of the enactment of the Clean Coastal 
        Environment and Public Health Act of 2009, and 
        biennially thereafter, the Administrator shall update 
        the list described in paragraph (1).
  (h) EPA Implementation.--[In the]
          (1) In general.--In the case of a State that has no 
        program for monitoring and notification that is 
        consistent with the performance criteria published 
        under subsection (a) after the last day of the 3-year 
        period beginning on the date on which the Administrator 
        lists waters in the State under subsection (g)(1)(B), 
        the Administrator shall conduct a monitoring and 
        notification program for the listed waters based on a 
        priority ranking established by the Administrator using 
        funds appropriated for grants under subsection (i)--
                  [(1)] (A) to conduct monitoring and 
                notification; and
                  [(2)] (B) for related salaries, expenses, and 
                travel.
          (2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of 
        this paragraph, the Administrator shall--
                  (A) prepare a written assessment of 
                compliance with all statutory and regulatory 
                requirements of this section for each State and 
                local government and of compliance with 
                conditions of each grant made under this 
                section to a State or local government;
                  (B) notify the State or local government of 
                such assessment; and
                  (C) make each of the assessments available to 
                the public in a searchable database on the 
                Internet on or before December 31 of such 
                calendar year.
          (3) Corrective action.--If a State or local 
        government that the Administrator notifies under 
        paragraph (2) is not in compliance with any requirement 
        or grant condition described in paragraph (2) fails to 
        take such action as may be necessary to comply with 
        such requirement or condition within one year after the 
        date of notification, any grants made under subsection 
        (b) to the State or local government, after the last 
        day of such one-year period and while the State or 
        local government is not in compliance with all 
        requirements and grant conditions described in 
        paragraph (2), shall have a Federal share of not to 
        exceed 50 percent.
          (4) GAO review.--Not later than December 31 of the 
        third calendar year beginning after the date of 
        enactment of this paragraph, the Comptroller General 
        shall conduct a review of the activities of the 
        Administrator under paragraphs (2) and (3) during the 
        first and second calendar years beginning after such 
        date of enactment and submit to Congress a report on 
        the results of such review.
  (i) Authorization of Appropriations.--There is authorized to 
be appropriated for making grants under subsection (b), 
including implementation of monitoring and notification 
programs by the Administrator under subsection (h), 
[$30,000,000 for each of fiscal years 2001 through 2005] 
$40,000,000 for each of fiscal years 2010 through 2014.

TITLE V--GENERAL PROVISIONS

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                          GENERAL DEFINITIONS

  Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) * * *

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          (26) Rapid testing method.--The term ``rapid testing 
        method'' means a method of testing the water quality of 
        coastal recreation waters for which results are 
        available as soon as practicable and not more than 6 
        hours after the commencement of the rapid testing 
        method in the laboratory.

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                              ----------                              

BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

           *       *       *       *       *       *       *

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out the 
provisions of this Act, including the amendments made by this 
Act, for which amounts are not otherwise specifically 
authorized to be appropriated, such sums as are necessary for 
each of fiscal years 2001 through [2005] 2014.

                                  
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