79–006 

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.’’. 


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(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— 


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(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. 


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‘‘(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. 


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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 necVerDate Nov 24 2008 03:20 Jul 21, 2009 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR214.XXX HR214

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essary, 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 


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criteria to reflect site-specific conditions, or may base their water 

quality criteria on other scientifically defensible methods. 40 C.F.R. 

§ 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. 


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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. 


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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. 


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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. 


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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 


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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 culturebased 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. 


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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 

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nual 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. 


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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 validaVerDate Nov 24 2008 03:20 Jul 21, 2009 Jkt 079006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR214.XXX HR214

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tion 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. 


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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 exVerDate Nov 24 2008 04:27 Jul 21, 2009 Jkt 079006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR214.XXX HR214

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isting 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). 


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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 øparagraph 

(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 øparagraph (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 ømethods, 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 


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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 ømethods 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. 

ø(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 øpublic¿ 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. 

* * * * * * * 

ø(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— 


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(1) * * * 

* * * * * * * 

(4)(A) the ømethods¿ 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 øprompt 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; 

ø(6)¿ (7) measures for øthe 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; øand¿ 

ø(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 

standardsø.¿; 

(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 


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water quality sample that exceeds applicable water quality 

standards for pathogens and pathogen indicators. 

* * * * * * * 

(g) LIST OF WATERS.— 

(1) * * * 

* * * * * * * 

(3) UPDATES.—øThe 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.—øIn 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)— 

ø(1)¿ (A) to conduct monitoring and notification; and 

ø(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 


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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), ø$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 

* * * * * * * 

GENERAL DEFINITIONS

SEC. 502. Except as otherwise specifically provided, when used in 

this Act: 

(1) * * * 

* * * * * * * 

(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. 

* * * * * * * 

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 ø2005¿ 2014. 

Æ 


wwoods2 on DSK1DXX6B1PROD with REPORTS