106TH CONGRESS

2D SESSION S. 522

AN ACT

To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water,

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 ‘‘Beaches Environ5 mental Assessment and Coastal Health Act of 2000’’.
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1 SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUAL2 ITY CRITERIA AND STANDARDS BY STATES.

3 Section 303 of the Federal Water Pollution Control

4 Act (33 U.S.C. 1313) is amended by adding at the end

5 the following:

6 ‘‘(i) COASTAL RECREATION WATER QUALITY CRI7 TERIA.—

8 ‘‘(1) ADOPTION BY STATES.—

9 ‘‘(A) INITIAL CRITERIA AND STAND10 ARDS.—Not later than 42 months after the

11 date of enactment of this subsection, each State

12 having coastal recreation waters shall adopt and

13 submit to the Administrator water quality cri14 teria and standards for the coastal recreation

15 waters of the State for those pathogens and

16 pathogen indicators for which the Administrator

17 has published criteria under section 304(a).

18 ‘‘(B) NEW OR REVISED CRITERIA AND

19 STANDARDS.—Not later than 36 months after

20 the date of publication by the Administrator of

21 new or revised water quality criteria under sec22 tion 304(a)(9), each State having coastal recre23 ation waters shall adopt and submit to the Ad24 ministrator new or revised water quality stand25 ards for the coastal recreation waters of the

26 State for all pathogens and pathogen indicators
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1 to which the new or revised water quality cri2 teria are applicable.

3 ‘‘(2) FAILURE OF STATES TO ADOPT.—

4 ‘‘(A) IN GENERAL.—If a State fails to

5 adopt water quality criteria and standards in

6 accordance with paragraph (1)(A) that are as

7 protective of human health as the criteria for

8 pathogens and pathogen indicators for coastal

9 recreation waters published by the Adminis10 trator, the Administrator shall promptly pro11 pose regulations for the State setting forth re12 vised or new water quality standards for patho13 gens and pathogen indicators described in para14 graph (1)(A) for coastal recreation waters of

15 the State.

16 ‘‘(B) EXCEPTION.—If the Administrator

17 proposes regulations for a State described in

18 subparagraph (A) under subsection (c)(4)(B),

19 the Administrator shall publish any revised or

20 new standard under this subsection not later

21 than 42 months after the date of enactment of

22 this subsection.

23 ‘‘(3) APPLICABILITY.—Except as expressly pro24 vided by this subsection, the requirements and pro25 cedures of subsection (c) apply to this subsection, in-
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1 cluding the requirement in subsection (c)(2)(A) that

2 the criteria protect public health and welfare.’’.

3 SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

4 (a) STUDIES CONCERNING PATHOGEN INDICATORS

5 IN COASTAL RECREATION WATERS.—Section 104 of the

6 Federal Water Pollution Control Act (33 U.S.C. 1254) is

7 amended by adding at the end the following:

8 ‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS

9 IN COASTAL RECREATION WATERS.—Not later than 18

10 months after the date of enactment of this subsection,

11 after consultation and in cooperation with appropriate

12 Federal, State, tribal, and local officials (including local

13 health officials), the Administrator shall initiate, and, not

14 later than 3 years after the date of enactment of this sub15 section, shall complete, in cooperation with the heads of

16 other Federal agencies, studies to provide additional infor17 mation for use in developing—

18 ‘‘(1) an assessment of potential human health

19 risks resulting from exposure to pathogens in coastal

20 recreation waters, including nongastrointestinal ef21 fects;

22 ‘‘(2) appropriate and effective indicators for im23 proving detection in a timely manner in coastal

24 recreation waters of the presence of pathogens that

25 are harmful to human health;
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1 ‘‘(3) appropriate, accurate, expeditious, and

2 cost-effective methods (including predictive models)

3 for detecting in a timely manner in coastal recre4 ation waters the presence of pathogens that are

5 harmful to human health; and

6 ‘‘(4) guidance for State application of the cri7 teria for pathogens and pathogen indicators to be

8 published under section 304(a)(9) to account for the

9 diversity of geographic and aquatic conditions.’’.

10 (b) REVISED CRITERIA.—Section 304(a) of the Fed11 eral Water Pollution Control Act (33 U.S.C. 1314(a)) is

12 amended by adding at the end the following:

13 ‘‘(9) REVISED CRITERIA FOR COASTAL RECRE14 ATION WATERS.—

15 ‘‘(A) IN GENERAL.—Not later than 5 years

16 after the date of enactment of this paragraph,

17 after consultation and in cooperation with ap18 propriate Federal, State, tribal, and local offi19 cials (including local health officials), the Ad20 ministrator shall publish new or revised water

21 quality criteria for pathogens and pathogen in22 dicators (including a revised list of testing

23 methods, as appropriate), based on the results

24 of the studies conducted under section 104(v),
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1 for the purpose of protecting human health in

2 coastal recreation waters.

3 ‘‘(B) REVIEWS.—Not later than the date

4 that is 5 years after the date of publication of

5 water quality criteria under this paragraph, and

6 at least once every 5 years thereafter, the Ad7 ministrator shall review and, as necessary, re8 vise the water quality criteria.’’.

9 SEC. 4. COASTAL RECREATION WATER QUALITY MONI10 TORING AND NOTIFICATION.

11 Title IV of the Federal Water Pollution Control Act

12 (33 U.S.C. 1341 et seq.) is amended by adding at the end

13 the following:

14 ‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONI15 TORING AND NOTIFICATION.

16 ‘‘(a) MONITORING AND NOTIFICATION.—

17 ‘‘(1) IN GENERAL.—Not later than 18 months

18 after the date of enactment of this section, after

19 consultation and in cooperation with appropriate

20 Federal, State, tribal, and local officials (including

21 local health officials), and after providing public no22 tice and an opportunity for comment, the Adminis23 trator shall publish performance criteria for—

24 ‘‘(A) monitoring and assessment (including

25 specifying available methods for monitoring) of
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1 coastal recreation waters adjacent to beaches or

2 similar points of access that are used by the

3 public for attainment of applicable water qual4 ity standards for pathogens and pathogen indi5 cators; and

6 ‘‘(B) the prompt notification of the public,

7 local governments, and the Administrator of

8 any exceeding of or likelihood of exceeding ap9 plicable water quality standards for coastal

10 recreation waters described in subparagraph

11 (A).

12 ‘‘(2) LEVEL OF PROTECTION.—The perform13 ance criteria referred to in paragraph (1) shall pro14 vide that the activities described in subparagraphs

15 (A) and (B) of that paragraph shall be carried out

16 as necessary for the protection of public health and

17 safety.

18 ‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTA19 TION GRANTS.—

20 ‘‘(1) IN GENERAL.—The Administrator may

21 make grants to States and local governments to de22 velop and implement programs for monitoring and

23 notification for coastal recreation waters adjacent to

24 beaches or similar points of access that are used by

25 the public.
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1 ‘‘(2) LIMITATIONS.—

2 ‘‘(A) IN GENERAL.—The Administrator

3 may award a grant to a State or a local govern4 ment to implement a monitoring and notifica5 tion program if—

6 ‘‘(i) the program is consistent with

7 the performance criteria published by the

8 Administrator under subsection (a);

9 ‘‘(ii) the State or local government

10 prioritizes the use of grant funds for par11 ticular coastal recreation waters based on

12 the use of the water and the risk to human

13 health presented by pathogens or pathogen

14 indicators;

15 ‘‘(iii) the State or local government

16 makes available to the Administrator the

17 factors used to prioritize the use of funds

18 under clause (ii);

19 ‘‘(iv) the State or local government

20 provides a list of discrete areas of coastal

21 recreation waters that are subject to the

22 program for monitoring and notification

23 for which the grant is provided that speci24 fies any coastal recreation waters for which

25 fiscal constraints will prevent consistency
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1 with the performance criteria under sub2 section (a); and

3 ‘‘(v) the public is provided an oppor4 tunity to review the program through a

5 process that provides for public notice and

6 an opportunity for comment.

7 ‘‘(B) GRANTS TO LOCAL GOVERNMENTS.—

8 The Administrator may make a grant to a local

9 government under this subsection for implemen10 tation of a monitoring and notification program

11 only if, after the 1-year period beginning on the

12 date of publication of performance criteria

13 under subsection (a)(1), the Administrator de14 termines that the State is not implementing a

15 program that meets the requirements of this

16 subsection, regardless of whether the State has

17 received a grant under this subsection.

18 ‘‘(3) OTHER REQUIREMENTS.—

19 ‘‘(A) REPORT.—A State recipient of a

20 grant under this subsection shall submit to the

21 Administrator, in such format and at such in22 tervals as the Administrator determines to be

23 appropriate, a report that describes—
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1 ‘‘(i) data collected as part of the pro2 gram for monitoring and notification as

3 described in subsection (c); and

4 ‘‘(ii) actions taken to notify the public

5 when water quality standards are exceeded.

6 ‘‘(B) DELEGATION.—A State recipient of a

7 grant under this subsection shall identify each

8 local government to which the State has dele9 gated or intends to delegate responsibility for

10 implementing a monitoring and notification pro11 gram consistent with the performance criteria

12 published under subsection (a) (including any

13 coastal recreation waters for which the author14 ity to implement a monitoring and notification

15 program would be subject to the delegation).

16 ‘‘(4) FEDERAL SHARE.—

17 ‘‘(A) IN GENERAL.—The Administrator,

18 through grants awarded under this section, may

19 pay up to 100 percent of the costs of developing

20 and implementing a program for monitoring

21 and notification under this subsection.

22 ‘‘(B) NON-FEDERAL SHARE.—The non23 Federal share of the costs of developing and im24 plementing a monitoring and notification pro25 gram may be—
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1 ‘‘(i) in an amount not to exceed 50

2 percent, as determined by the Adminis3 trator in consultation with State, tribal,

4 and local government representatives; and

5 ‘‘(ii) provided in cash or in kind.

6 ‘‘(c) CONTENT OF STATE AND LOCAL GOVERNMENT

7 PROGRAMS.—As a condition of receipt of a grant under

8 subsection (b), a State or local government program for

9 monitoring and notification under this section shall

10 identify—

11 ‘‘(1) lists of coastal recreation waters in the

12 State, including coastal recreation waters adjacent

13 to beaches or similar points of access that are used

14 by the public;

15 ‘‘(2) in the case of a State program for moni16 toring and notification, the process by which the

17 State may delegate to local governments responsi18 bility for implementing the monitoring and notifica19 tion program;

20 ‘‘(3) the frequency and location of monitoring

21 and assessment of coastal recreation waters based

22 on—

23 ‘‘(A) the periods of recreational use of the

24 waters;
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1 ‘‘(B) the nature and extent of use during

2 certain periods;

3 ‘‘(C) the proximity of the waters to known

4 point sources and nonpoint sources of pollution;

5 and

6 ‘‘(D) any effect of storm events on the wa7 ters;

8 ‘‘(4)(A) the methods to be used for detecting

9 levels of pathogens and pathogen indicators that are

10 harmful to human health; and

11 ‘‘(B) the assessment procedures for identifying

12 short-term increases in pathogens and pathogen in13 dicators that are harmful to human health in coastal

14 recreation waters (including increases in relation to

15 storm events);

16 ‘‘(5) measures for prompt communication of the

17 occurrence, nature, location, pollutants involved, and

18 extent of any exceeding of, or likelihood of exceed19 ing, applicable water quality standards for pathogens

20 and pathogen indicators to—

21 ‘‘(A) the Administrator, in such form as

22 the Administrator determines to be appropriate;

23 and

24 ‘‘(B) a designated official of a local govern25 ment having jurisdiction over land adjoining the
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1 coastal recreation waters for which the failure

2 to meet applicable standards is identified;

3 ‘‘(6) measures for the posting of signs at beach4 es or similar points of access, or functionally equiva5 lent communication measures that are sufficient to

6 give notice to the public that the coastal recreation

7 waters are not meeting or are not expected to meet

8 applicable water quality standards for pathogens and

9 pathogen indicators; and

10 ‘‘(7) measures that inform the public of the po11 tential risks associated with water contact activities

12 in the coastal recreation waters that do not meet ap13 plicable water quality standards.

14 ‘‘(d) FEDERAL AGENCY PROGRAMS.—Not later than

15 3 years after the date of enactment of this section, each

16 Federal agency that has jurisdiction over coastal recre17 ation waters adjacent to beaches or similar points of ac18 cess that are used by the public shall develop and imple19 ment, through a process that provides for public notice

20 and an opportunity for comment, a monitoring and notifi21 cation program for the coastal recreation waters that—

22 ‘‘(1) protects the public health and safety;

23 ‘‘(2) is consistent with the performance criteria

24 published under subsection (a);
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1 ‘‘(3) includes a completed report on the infor2 mation specified in subsection (b)(3)(A), to be sub3 mitted to the Administrator; and

4 ‘‘(4) addresses the matters specified in sub5 section (c) .

6 ‘‘(e) DATABASE.—The Administrator shall establish,

7 maintain, and make available to the public by electronic

8 and other means a national coastal recreation water pollu9 tion occurrence database that provides—

10 ‘‘(1) the data reported to the Administrator

11 under subsections (b)(3)(A)(i) and (d)(3); and

12 ‘‘(2) other information concerning pathogens

13 and pathogen indicators in coastal recreation waters

14 that—

15 ‘‘(A) is made available to the Adminis16 trator by a State or local government, from a

17 coastal water quality monitoring program of the

18 State or local government; and

19 ‘‘(B) the Administrator determines should

20 be included.

21 ‘‘(f) TECHNICAL ASSISTANCE FOR MONITORING

22 FLOATABLE MATERIAL.—The Administrator shall provide

23 technical assistance to States and local governments for

24 the development of assessment and monitoring procedures
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1 for floatable material to protect public health and safety

2 in coastal recreation waters.

3 ‘‘(g) LIST OF WATERS.—

4 ‘‘(1) IN GENERAL.—Beginning not later than

5 18 months after the date of publication of perform6 ance criteria under subsection (a), based on informa7 tion made available to the Administrator, the Ad8 ministrator shall identify, and maintain a list of, dis9 crete coastal recreation waters adjacent to beaches

10 or similar points of access that are used by the pub11 lic that—

12 ‘‘(A) specifies any waters described in this

13 paragraph that are subject to a monitoring and

14 notification program consistent with the per15 formance criteria established under subsection

16 (a); and

17 ‘‘(B) specifies any waters described in this

18 paragraph for which there is no monitoring and

19 notification program (including waters for

20 which fiscal constraints will prevent the State

21 or the Administrator from performing moni22 toring and notification consistent with the per23 formance criteria established under subsection

24 (a)).
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1 ‘‘(2) AVAILABILITY.—The Administrator shall

2 make the list described in paragraph (1) available to

3 the public through—

4 ‘‘(A) publication in the Federal Register;

5 and

6 ‘‘(B) electronic media.

7 ‘‘(3) UPDATES.—The Administrator shall up8 date the list described in paragraph (1) periodically

9 as new information becomes available.

10 ‘‘(h) EPA IMPLEMENTATION.—In the case of a State

11 that has no program for monitoring and notification that

12 is consistent with the performance criteria published

13 under subsection (a) after the last day of the 3-year period

14 beginning on the date on which the Administrator lists wa15 ters in the State under subsection (g)(1)(B), the Adminis16 trator shall conduct a monitoring and notification program

17 for the listed waters based on a priority ranking estab18 lished by the Administrator using funds appropriated for

19 grants under subsection (i)—

20 ‘‘(1) to conduct monitoring and notification;

21 and

22 ‘‘(2) for related salaries, expenses, and travel.

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated for making grants under

25 subsection (b), including implementation of monitoring
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1 and notification programs by the Administrator under

2 subsection (h), $30,000,000 for each of fiscal years 2001

3 through 2005.’’.

4 SEC. 5. DEFINITIONS.

5 Section 502 of the Federal Water Pollution Control

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

7 the following:

8 ‘‘(21) COASTAL RECREATION WATERS.—

9 ‘‘(A) IN GENERAL.—The term ‘coastal

10 recreation waters’ means—

11 ‘‘(i) the Great Lakes; and

12 ‘‘(ii) marine coastal waters (including

13 coastal estuaries) that are designated

14 under section 303(c) by a State for use for

15 swimming, bathing, surfing, or similar

16 water contact activities.

17 ‘‘(B) EXCLUSIONS.—The term ‘coastal

18 recreation waters’ does not include—

19 ‘‘(i) inland waters; or

20 ‘‘(ii) waters upstream of the mouth of

21 a river or stream having an unimpaired

22 natural connection with the open sea.

23 ‘‘(22) FLOATABLE MATERIAL.—
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1 ‘‘(A) IN GENERAL.—The term ‘floatable

2 material’ means any foreign matter that may

3 float or remain suspended in the water column.

4 ‘‘(B) INCLUSIONS.—The term ‘floatable

5 material’ includes—

6 ‘‘(i) plastic;

7 ‘‘(ii) aluminum cans;

8 ‘‘(iii) wood products;

9 ‘‘(iv) bottles; and

10 ‘‘(v) paper products.

11 ‘‘(23) PATHOGEN INDICATOR.—The term

12 ‘pathogen indicator’ means a substance that indi13 cates the potential for human infectious disease.’’.

14 SEC. 6. INDIAN TRIBES.

15 Section 518(e) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1377(e)) is amended by striking ‘‘and

17 404’’ and inserting ‘‘404, and 406’’.

18 SEC. 7. REPORT.

19 (a) IN GENERAL.—Not later than 4 years after the

20 date of enactment of this Act, and every 4 years there21 after, the Administrator of the Environmental Protection

22 Agency shall submit to Congress a report that includes—

23 (1) recommendations concerning the need for

24 additional water quality criteria for pathogens and

25 pathogen indicators and other actions that should be
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1 taken to improve the quality of coastal recreation

2 waters;

3 (2) an evaluation of Federal, State, and local

4 efforts to implement this Act, including the amend5 ments made by this Act; and

6 (3) recommendations on improvements to meth7 odologies and techniques for monitoring of coastal

8 recreation waters.

9 (b) COORDINATION.—The Administrator of the Envi10 ronmental Protection Agency may coordinate the report

11 under this section with other reporting requirements

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

13 1251 et seq.).

14 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated to carry out

16 the provisions of this Act, including the amendments made

17 by this Act, for which amounts are not otherwise specifi18 cally authorized to be appropriated, such sums as are nec19 essary for each of fiscal years 2001 through 2005.

Passed the Senate September 21, 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 522

AN ACT

To amend the Federal Water Pollution Control Act

to improve the quality of beaches and coastalrecreation water, and for other purposes.