II 

112TH CONGRESS 

1ST SESSION S. 1582 

To amend the Federal Water Pollution Control Act to modify provisions 

relating to beach monitoring, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2011 

Mr. LAUTENBERG (for himself, Mr. KIRK, and Mrs. BOXER) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to modify 

provisions relating to beach monitoring, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Coastal Environ5 ment and Public Health Act of 2011’’. 

6 SEC. 2. FEDERAL WATER POLLUTION CONTROL ACT 

7 AMENDMENTS. 

8 (a) ADOPTION OF NEW OR REVISED CRITERIA AND

9 STANDARDS.—Section 303(i)(2)(A) of the Federal Water 

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1 Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) is amend2 ed by striking ‘‘paragraph (1)(A)’’ each place it appears 

3 and inserting ‘‘paragraph (1)’’. 

4 (b) REVISED CRITERIA FOR COASTAL RECREATION

5 WATERS.—Section 304(a)(9) of the Federal Water Pollu6 tion Control Act (33 U.S.C. 1314(a)(9)) is amended— 

7 (1) in subparagraph (A), by striking ‘‘methods, 

8 as appropriate’’ and inserting ‘‘methods, including 

9 rapid testing methods’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(C) PUBLICATION OF PATHOGEN AND

12 PATHOGEN INDICATOR LIST.—Upon publication 

13 of the new or revised water quality criteria 

14 under subparagraph (A), the Administrator 

15 shall publish in the Federal Register a list of all 

16 pathogens and pathogen indicators studied in 

17 developing the new or revised water quality cri18 teria.’’. 

19 (c) SOURCE IDENTIFICATION.— 

20 (1) MONITORING PROTOCOLS.—Section 

21 406(a)(1)(A) of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1346(a)(1)(A)) is amended by strik23 ing ‘‘methods for monitoring’’ and inserting ‘‘meth24 ods for monitoring protocols that are most likely to 

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1 detect pathogenic contamination and the source of 

2 that contamination’’. 

3 (2) STATE REPORTS; SOURCE TRACKING.—Sec4 tion 406(b) of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1346(b)) is amended— 

6 (A) in paragraph (3)(A)(ii), by striking 

7 ‘‘public’’ and inserting ‘‘public and all environ8 mental agencies of the State with authority to 

9 prevent or treat sources of pathogenic contami10 nation in coastal recreation waters’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(5) CONTENTS OF MONITORING AND NOTIFI13 CATION PROGRAMS.—For the purposes of this sec14 tion, a program for monitoring, assessment, and no15 tification shall include, consistent with performance 

16 criteria published by the Administrator under sub17 section (a), monitoring, public notification, storm 

18 event testing, source tracking, and sanitary surveys, 

19 and may include prevention efforts, not already 

20 funded under this Act to address identified sources 

21 of contamination by pathogens and pathogen indica22 tors in coastal recreation waters adjacent to beaches 

23 or similar points of access that are used by the pub24 lic.’’. 

25 (d) USE OF RAPID TESTING METHODS.— 

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1 (1) CONTENTS OF STATE AND LOCAL GOVERN2 MENT PROGRAMS.—Section 406(c)(4)(A) of the Fed3 eral Water Pollution Control Act (33 U.S.C. 

4 1346(c)(4)(A)) is amended by striking ‘‘methods’’ 

5 and inserting ‘‘methods, including a rapid testing 

6 method after the last day of the 1-year period fol7 lowing the date of validation of that rapid testing 

8 method by the Administrator,’’. 

9 (2) VALIDATION AND USE OF RAPID TESTING

10 METHODS.— 

11 (A) VALIDATION OF RAPID TESTING METH12 ODS.—Not later than October 15, 2012, the 

13 Administrator of the Environmental Protection 

14 Agency (referred to in this Act as the ‘‘Admin15 istrator’’) shall complete an evaluation and vali16 dation of a rapid testing method for the water 

17 quality criteria and standards for pathogens 

18 and pathogen indicators described in section 

19 304(a)(9)(A) of the Federal Water Pollution 

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

21 (B) GUIDANCE FOR USE OF RAPID TEST22 ING METHODS.— 

23 (i) IN GENERAL.—Not later than 180 

24 days after the date of completion of the 

25 validation under subparagraph (A), and 

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1 after providing notice and an opportunity 

2 for public comment, the Administrator 

3 shall publish guidance for the use at coast4 al recreation waters adjacent to beaches or 

5 similar points of access that are used by 

6 the public of rapid testing methods that 

7 will enhance the protection of public health 

8 and safety through rapid public notifica9 tion of any exceedance of applicable water 

10 quality standards for pathogens and patho11 gen indicators. 

12 (ii) PRIORITIZATION.—In developing 

13 guidance under clause (i), the Adminis14 trator shall require the use of rapid testing 

15 methods at those beaches or similar points 

16 of access that are the most used by the 

17 public. 

18 (3) DEFINITION OF RAPID TESTING METHOD.— 

19 Section 502 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1362) is amended by adding at the 

21 end the following: 

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

23 ‘rapid testing method’ means a method of testing 

24 the water quality of coastal recreation waters for 

25 which results are available as soon as practicable 

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1 and not more than 4 hours after receipt of the appli2 cable sample by the testing facility.’’. 

3 (e) NOTIFICATION OF FEDERAL, STATE, AND LOCAL

4 AGENCIES; CONTENT OF STATE AND LOCAL PRO5 GRAMS.—Section 406(c) of the Federal Water Pollution 

6 Control Act (33 U.S.C. 1346(c)) is amended— 

7 (1) in paragraph (5)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘prompt communication’’ and 

10 inserting ‘‘communication, within 2 hours of the 

11 receipt of the results of a water quality sam12 ple,’’; 

13 (B) by striking subparagraph (A) and in14 serting the following: 

15 ‘‘(A)(i) in the case of any State in which 

16 the Administrator is administering the program 

17 under section 402, the Administrator, in such 

18 form as the Administrator determines to be ap19 propriate; and 

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

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

22 the State government with authority to require 

23 the prevention or treatment of the sources of 

24 coastal recreation water pollution; and’’; 

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1 (2) by redesignating paragraphs (6) and (7) as 

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

3 (3) by inserting after paragraph (5) the fol4 lowing: 

5 ‘‘(6) measures for an annual report to the Ad6 ministrator, in such form as the Administrator de7 termines to be appropriate, on the occurrence, na8 ture, location, pollutants involved, and extent of any 

9 exceedance of applicable water quality standards for 

10 pathogens and pathogen indicators;’’; 

11 (4) in paragraph (7) (as redesignated by para12 graph (2))— 

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

14 ‘‘the immediate posting’’; and 

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

16 (5) in paragraph (8) (as redesignated by para17 graph (2)), by striking the period at the end and in18 serting a semicolon; and 

19 (6) by adding at the end the following: 

20 ‘‘(9) the availability of a geographical informa21 tion system database that the State or local govern22 ment program shall use to inform the public about 

23 coastal recreation waters and that— 

24 ‘‘(A) is publicly accessible and searchable 

25 on the Internet; 

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

2 of access; 

3 ‘‘(C) identifies applicable water quality 

4 standards, monitoring protocols, sampling plans 

5 and results, and the number and cause of coast6 al recreation water closures and advisory days; 

7 and 

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

9 availability of revised information; 

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

11 advisories are made or issued within 2 hours after 

12 the receipt of the results of a water quality sample 

13 exceeding applicable water quality standards for 

14 pathogens and pathogen indicators; 

15 ‘‘(11) measures that inform the public of identi16 fied sources of pathogenic contamination; and 

17 ‘‘(12) analyses of monitoring protocols to deter18 mine which protocols are most likely to detect patho19 genic contamination.’’. 

20 (f) NATIONAL LIST OF BEACHES.—Section 406(g) of 

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

22 1346(g)) is amended by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) UPDATES.—Not later than 1 year after 

25 the date of enactment of the Clean Coastal Environmstockstill on DSK4VPTVN1PROD with BILLS

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1 ment and Public Health Act of 2011, and biennially 

2 thereafter, the Administrator shall update the list 

3 described in paragraph (1).’’. 

4 (g) COMPLIANCE REVIEW.—Section 406(h) of the 

5 Federal Water Pollution Control Act (33 U.S.C. 1346(h)) 

6 is amended— 

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

8 subparagraphs (A) and (B), respectively, and indent9 ing the subparagraphs appropriately; 

10 (2) by striking ‘‘In the’’ and inserting the fol11 lowing: 

12 ‘‘(1) IN GENERAL.—In the’’; and 

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

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

15 31 of each calendar year beginning 18 months after 

16 the date of enactment of the Clean Coastal Environ17 ment and Public Health Act of 2011, the Adminis18 trator shall— 

19 ‘‘(A) prepare a written assessment of com20 pliance with— 

21 ‘‘(i) all statutory and regulatory re22 quirements of this section for each State 

23 and local government; and 

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1 ‘‘(ii) conditions of each grant made 

2 under this section to a State or local gov3 ernment; 

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

5 of each such assessment; and 

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

8 the Internet on or before December 31 of the 

9 applicable calendar year. 

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

11 government that the Administrator notifies under 

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

14 and fails to take such action as is necessary to com15 ply with the requirement or condition by the date 

16 that is 1 year after the date of notification, any 

17 grants made under subsection (b) to the State or 

18 local government, after the last day of that 1-year 

19 period and while the State or local government is 

20 not in compliance with all requirements and grant 

21 conditions described in paragraph (2), shall have a 

22 Federal share of not to exceed 50 percent. 

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

24 31 of the third calendar year beginning after the 

25 date of enactment of the Clean Coastal Environment 

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1 and Public Health Act of 2011, the Comptroller 

2 General shall— 

3 ‘‘(A) conduct a review of the activities of 

4 the Administrator under paragraphs (2) and 

5 (3) during the first and second calendar years 

6 beginning after that date of enactment; and 

7 ‘‘(B) submit to Congress a report on the 

8 results of the review.’’. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 406(i) of the Federal Water Pollution Control Act (33 

11 U.S.C. 1346(i)) is amended by striking ‘‘fiscal years 2001 

12 through 2005’’ and inserting ‘‘fiscal years 2011 through 

13 2015’’. 

14 SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS15 MENT AND COASTAL HEALTH ACT. 

16 Section 8 of the Beaches Environmental Assessment 

17 and Coastal Health Act of 2000 (114 Stat. 877) is amend18 ed by striking ‘‘2005’’ and inserting ‘‘2015’’. 

19 SEC. 4. MONITORING PROTOCOL FOR MERCURY. 

20 (a) REVIEW AND UPDATE OF EXISTING MONITORING

21 AND TESTING PROTOCOLS AND RECOMMENDATIONS.—As 

22 soon as practicable after the date of enactment of this Act, 

23 the Administrator of the Environmental Protection Agen24 cy (referred to in this Act as the ‘‘Administrator’’) shall— 

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1 (1) review and update existing monitoring pro2 tocols as necessary for mercury affecting the coastal 

3 recreation waters of the Great Lakes; and 

4 (2) develop updated recommendations on test5 ing for the presence of mercury affecting the coastal 

6 recreation waters of the Great Lakes, including the 

7 presence of mercury in Great Lakes sediment and 

8 fish tissue. 

9 (b) PUBLICATION OF WATER QUALITY CRITERIA.— 

10 Nothing in this section shall delay the schedule for publi11 cation of new or revised water quality criteria as required 

12 by section 304(a)(9) of the Federal Water Pollution Con13 trol Act (33 U.S.C. 1314(a)(9)). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 such sums as are necessary. 

17 SEC. 5. STUDY OF GRANT DISTRIBUTION FORMULA. 

18 (a) STUDY.—Not later than 30 days after the date 

19 of enactment of this Act, the Administrator shall com20 mence a study of the formula for the distribution of grants 

21 under section 406 of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1346) for the purpose of identifying poten23 tial revisions of that formula. 

24 (b) CONTENTS.—In conducting the study under this 

25 section, the Administrator shall take into consideration— 

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1 (1) the base cost to States of developing and 

2 maintaining water quality monitoring and notifica3 tion programs; 

4 (2) the varied beach monitoring and notification 

5 needs of the States, including beach mileage, beach 

6 usage, and length of beach season; and 

7 (3) other factors that the Administrator deter8 mines to be appropriate. 

9 (c) CONSULTATION.—In conducting the study under 

10 this section, the Administrator shall consult with appro11 priate Federal, State, and local agencies. 

12 (d) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the Administrator shall submit 

14 to the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee on 

16 Environment and Public Works of the Senate a report de17 scribing the results of the study under this section, includ18 ing any recommendation for revision of the distribution 

19 formula referred to in subsection (a). 

20 SEC. 6. IMPACT OF CLIMATE CHANGE ON POLLUTION OF 

21 COASTAL RECREATION WATERS. 

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

23 study on the long-term impact of climate change on pollu24 tion of coastal recreation waters. 

25 (b) REPORT.— 

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

2 the date of enactment of this Act, the Administrator 

3 shall submit to Congress a report on the results of 

4 the study conducted under subsection (a). 

5 (2) INFORMATION ON POTENTIAL CONTAMI6 NANT IMPACTS.—The report shall include informa7 tion on potential contaminant impacts on— 

8 (A) ground and surface water resources; 

9 and 

10 (B) public and ecosystem health in coastal 

11 communities. 

12 (3) MONITORING.—The report shall— 

13 (A) address monitoring required to docu14 ment and assess changing conditions of coastal 

15 water resources, recreational waters, and eco16 systems; and 

17 (B) review the current ability to assess and 

18 forecast impacts associated with long-term cli19 mate change. 

20 (4) FEDERAL ACTIONS.—The report shall high21 light necessary Federal actions to help advance the 

22 availability of information and tools to assess and 

23 mitigate the impacts and effects described in para24 graphs (2) and (3) in order to protect public and 

25 ecosystem health. 

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

2 the Administrator shall work in consultation with 

3 agencies active in the development of the National 

4 Water Quality Monitoring Network and the imple5 mentation of the Ocean Research Priorities Plan and 

6 Implementation Strategy. 

7 SEC. 7. IMPACT OF NUTRIENTS ON POLLUTION OF COAST8 AL RECREATION WATERS. 

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

10 study of available scientific information relating to the im11 pacts of nutrient excesses and algal blooms on coastal 

12 recreation waters. 

13 (b) REPORT.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Administrator 

16 shall submit to Congress a report on the results of 

17 the study conducted under subsection (a). 

18 (2) INCLUSIONS.—The report under paragraph 

19 (1) shall include— 

20 (A) information regarding the impacts of 

21 nutrient excesses and algal blooms on coastal 

22 recreation waters and coastal communities; and 

23 (B) recommendations of the Administrator 

24 for actions to be carried out by the Adminis25 trator to address those impacts, including, if 

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1 applicable, through the establishment of nu2 meric water quality criteria. 

3 (3) CONSULTATION.—In developing the report 

4 under paragraph (1), the Administrator shall work 

5 in consultation with the heads of other appropriate 

6 Federal agencies (including the National Oceanic 

7 and Atmospheric Administration), States, and local 

8 governmental entities. 

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