II

Calendar No. 743

106TH CONGRESS

2D SESSION S. 522

[Report No. 106–366]

To amend the Federal Water Pollution Control Act to improve the quality

of beaches and coastal recreation water, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 3, 1999

Mr. LAUTENBERG (for himself, Mr. TORRICELLI, Mrs. BOXER, Mr.

LIEBERMAN, Mrs. FEINSTEIN, Mr. DODD, Mr. KERRY, Mr. SARBANES,

Mr. MOYNIHAN, and Mr. KENNEDY) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

SMITH of New Hampshire, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
2

•S 522 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Beaches Environ3 mental Assessment, Closure, and Health Act of 1999’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) the beaches and coastal recreation water of

7 the United States are valuable public resources that

8 are used for recreation by millions of people annu9 ally;

10 (2) the beaches of coastal States host many

11 out-of-State and international visitors;

12 (3) tourism in coastal zones generates billions

13 of dollars annually;

14 (4) increased population and urbanization of

15 watershed areas have contributed to the decline in

16 the environmental quality of coastal water;

17 (5) pollution in coastal water is not restricted

18 by State or other political boundaries;

19 (6) coastal States have different methods of

20 testing and parameters for evaluating the quality of

21 coastal recreation water, resulting in the provision of

22 varying degrees of protection to the public;

23 (7) the adoption of consistent criteria by coastal

24 States would enhance public health and safety, in25 cluding the adoption of consistent criteria for—
3

•S 522 RS

1 (A) testing and evaluating the quality of

2 coastal recreation water; and

3 (B) the posting of signs at beaches noti4 fying the public during periods when the water

5 quality criteria for public safety are not met;

6 and

7 (8) while the adoption of consistent criteria

8 would enhance public health and safety, the failure

9 to meet consistent criteria should be addressed as

10 part of a watershed approach to effectively identify

11 and eliminate sources of pollution.

12 (b) PURPOSES.—The purpose of this Act is to amend

13 the Federal Water Pollution Control Act (33 U.S.C. 1251

14 et seq.) to require uniform criteria and procedures for

15 testing, monitoring, and notifying users of public coastal

16 recreation water and beaches—

17 (1) to protect public safety; and

18 (2) to improve environmental quality.

19 SEC. 3. BEACH AND COASTAL RECREATION WATER QUAL20 ITY.

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

22 1251 et seq.) is amended by adding at the end:
4

•S 522 RS

1 ‘‘TITLE VII—BEACH AND COAST2 AL RECREATION WATER

3 QUALITY

4 ‘‘SEC. 701. DEFINITIONS.

5 ‘‘In this title:

6 ‘‘(1) COASTAL RECREATION WATER.—The term

7 ‘coastal recreation water’ means water adjacent to

8 public beaches of the Great Lakes and of marine

9 coastal water (including bays, lagoon mouths, and

10 coastal estuaries within the tidal zone) used by the

11 public for—

12 ‘‘(A) swimming;

13 ‘‘(B) bathing;

14 ‘‘(C) surfing; or

15 ‘‘(D) other similar body contact purposes.

16 ‘‘(2) FLOATABLE MATERIALS.—The term ‘float17 able materials’ means any foreign matter that may

18 float or remain suspended in water, including—

19 ‘‘(A) plastic;

20 ‘‘(B) aluminum cans;

21 ‘‘(C) wood;

22 ‘‘(D) bottles;

23 ‘‘(E) paper products; and

24 ‘‘(F) fishing gear.
5

•S 522 RS

1 ‘‘SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER

2 QUALITY CRITERIA BY STATES.

3 ‘‘(a) IN GENERAL.—Not later than 3 years and 180

4 days after the date of enactment of this title, each State

5 shall adopt water quality criteria for coastal recreation

6 water that, at a minimum, are consistent with the criteria

7 published by the Administrator under section 304(a)(1).

8 ‘‘(b) DEVELOPMENT OF CRITERIA.—Water quality

9 criteria described in subsection (a) shall—

10 ‘‘(1) be developed and promulgated in accord11 ance with section 303(c);

12 ‘‘(2) be incorporated into all appropriate pro13 grams into which a State would incorporate other

14 water quality criteria adopted under section 303(c);

15 and

16 ‘‘(3) not later than 3 years after the date of

17 publication of revisions by the Administrator under

18 section 703(b), be revised by the State.

19 ‘‘(c) FAILURE OF STATES TO ADOPT CRITERIA.—If,

20 not later than 3 years and 180 days after the date of en21 actment of this title, a State has not complied with sub22 section (a), the water quality criteria issued by the Admin23 istrator under section 304(a)(1) shall—

24 ‘‘(1) become the effective water quality criteria

25 for coastal recreational water for that State; and
6

•S 522 RS

1 ‘‘(2) be considered to have been promulgated by

2 the Administrator under section 303(c)(4).

3 ‘‘SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.

4 ‘‘(a) STUDIES.—Not later than 3 years after the date

5 of enactment of this title, and after consultation with ap6 propriate Federal, State, and local officials (including local

7 health officials) and other interested persons, the Adminis8 trator shall conduct, in cooperation with the Under Sec9 retary of Commerce for Oceans and Atmosphere, studies

10 to provide new information for use in developing—

11 ‘‘(1) a more complete list of potential human

12 health risks from inhalation, ingestion, or body con13 tact with coastal recreation water, including effects

14 on the upper respiratory system;

15 ‘‘(2) appropriate and effective indicators for im16 proving direct detection of the presence of pathogens

17 found harmful to human health in coastal rec18 reational water;

19 ‘‘(3) appropriate, accurate, and expeditious

20 methods (including predictive models) for detecting

21 the presence of pathogens in coastal recreation water

22 that are harmful to human health; and

23 ‘‘(4) guidance for the State-to-State application

24 of the criteria issued under subsection (b) to account
7

•S 522 RS

1 for the diversity of geographic and aquatic condi2 tions throughout the United States.

3 ‘‘(b) REVISED CRITERIA.—Not later than 5 years

4 after the date of enactment of this title, based on the re5 sults of the studies conducted under subsection (a), the

6 Administrator, after consultation with appropriate Fed7 eral, State, and local officials (including local health offi8 cials) and other interested parties, shall—

9 ‘‘(1) issue revised water quality criteria for

10 pathogens in coastal recreation water that are harm11 ful to human health, including a revised list of indi12 cators and testing methods; and

13 ‘‘(2) not less than once every 5 years thereafter,

14 review and revise the water quality criteria.

15 ‘‘SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.

16 ‘‘(a) MONITORING.—

17 ‘‘(1) IN GENERAL.—Not later than 1 year and

18 180 days after the date of enactment of this title,

19 the Administrator shall promulgate regulations re20 quiring monitoring by the States of public coastal

21 recreation water and beaches for—

22 ‘‘(A) compliance with applicable water

23 quality criteria; and

24 ‘‘(B) maintenance of public safety.
8

•S 522 RS

1 ‘‘(2) CONTENTS OF REQUIREMENTS.—Moni2 toring requirements established under this section

3 shall specify, at a minimum—

4 ‘‘(A) available monitoring methods to be

5 used by States;

6 ‘‘(B) the frequency and location of moni7 toring based on—

8 ‘‘(i) the periods of recreational use of

9 coastal recreation water and beaches;

10 ‘‘(ii) the extent and degree of rec11 reational use during the periods described

12 in clause (i);

13 ‘‘(iii) the proximity of coastal recre14 ation water to known or identified point

15 and nonpoint sources of pollution; and

16 ‘‘(iv) the relationship between the use

17 of public recreation water and beaches to

18 storm events;

19 ‘‘(C) methods for—

20 ‘‘(i) detecting levels of pathogens that

21 are harmful to human health; and

22 ‘‘(ii) identifying short-term increases

23 in pathogens that are harmful to human

24 health in coastal recreation water, includ-
9

•S 522 RS

1 ing the relationship of short-term increases

2 in pathogens to storm events; and

3 ‘‘(D) conditions and procedures under

4 which discrete areas of coastal recreation water

5 may be exempted by the Administrator from

6 the monitoring requirements under this sub7 section, if the Administrator determines that an

8 exemption will not—

9 ‘‘(i) impair compliance with the appli10 cable water quality criteria for that water;

11 and

12 ‘‘(ii) compromise public safety.

13 ‘‘(b) NOTIFICATION REQUIREMENTS.—

14 ‘‘(1) IN GENERAL.—Regulations promulgated

15 under subsection (a) shall require States to provide

16 prompt notification of a failure or the likelihood of

17 a failure to meet applicable water quality criteria for

18 State coastal recreation water, to—

19 ‘‘(A) local governments;

20 ‘‘(B) the public; and

21 ‘‘(C) the Administrator.

22 ‘‘(2) INFORMATION INCLUDED IN NOTIFICA23 TION.—Notification under this subsection shall re24 quire, at a minimum—
10

•S 522 RS

1 ‘‘(A) the prompt communication of the oc2 currence, nature, extent, and location of, and

3 substances (including pathogens) involved in, a

4 failure or immediate likelihood of a failure to

5 meet water quality criteria, to a designated offi6 cial of a local government having jurisdiction

7 over land adjoining the coastal recreation water

8 for which the failure or imminent failure to

9 meet water quality criteria is identified; and

10 ‘‘(B) the posting of signs, during the pe11 riod in which water quality criteria are not met

12 continues, that are sufficient to give notice to

13 the public—

14 ‘‘(i) of a failure to meet applicable

15 water quality criteria for the water; and

16 ‘‘(ii) the potential risks associated

17 with water contact activities in the water.

18 ‘‘(c) REVIEW AND REVISION OF REGULATIONS.—Pe19 riodically, but not less than once every 5 years, the Admin20 istrator shall review and make any necessary revisions to

21 regulations promulgated under this section.

22 ‘‘(d) STATE IMPLEMENTATION.—

23 ‘‘(1) IN GENERAL.—Not later than 3 years and

24 180 days after the date of enactment of this title,

25 each State shall implement a monitoring and notifi-
11

•S 522 RS

1 cation program that conforms to the regulations pro2 mulgated under subsections (a) and (b).

3 ‘‘(2) REVISION OF PROGRAM.—Not later than 2

4 years after the date of publication of any revisions

5 by the Administrator under subsection (c), each

6 State shall revise the program established under

7 paragraph (1) to incorporate the revisions.

8 ‘‘(e) GUIDANCE; DELEGATION OF RESPONSI9 BILITY.—

10 ‘‘(1) IN GENERAL.—Not later than 1 year and

11 180 days after the date of enactment of this title,

12 the Administrator shall issue guidance

13 establishing—

14 ‘‘(A) core performance measures for test15 ing, monitoring, and notification programs

16 under this section; and

17 ‘‘(B) the delegation of testing, monitoring,

18 and notification programs under this section to

19 local government authorities.

20 ‘‘(2) DELEGATION OF RESPONSIBILITY TO

21 LOCAL GOVERNMENTS.—If a responsibility described

22 in paragraph (1)(B) is delegated by a State to a

23 local government authority, or is delegated to a local

24 government authority before the date of enactment

25 of this section, State resources, including grants
12

•S 522 RS

1 made under section 706, shall be made available to

2 the delegated authority for the purpose of imple3 menting the delegated program in a manner that is

4 consistent with the guidance issued by the Adminis5 trator.

6 ‘‘(f) FLOATABLE MATERIALS MONITORING; TECH7 NICAL ASSISTANCE.—Not later than 1 year and 180 days

8 after the date of enactment of this title, the Administrator

9 shall—

10 ‘‘(1) provide technical assistance for uniform

11 assessment and monitoring procedures for floatable

12 materials in coastal recreation water; and

13 ‘‘(2) specify the conditions under which the

14 presence of floatable material shall constitute a

15 threat to public health and safety.

16 ‘‘(g) OCCURRENCE DATABASE.—The Administrator

17 shall establish, maintain, and make available to the public

18 by electronic and other means—

19 ‘‘(1) a national coastal recreation water pollu20 tion occurrence database using reliable information,

21 including the information reported under subsection

22 (b); and

23 ‘‘(2) a listing of communities conforming to the

24 regulations promulgated under subsections (a) and

25 (b).
13

•S 522 RS

1 ‘‘SEC. 705. REPORT TO CONGRESS.

2 ‘‘Not later than 4 years after the date of the enact3 ment of this title and periodically thereafter, the Adminis4 trator shall submit to Congress a report that contains—

5 ‘‘(1) recommendations concerning the need for

6 additional water quality criteria and other actions

7 that are necessary to improve the quality of coastal

8 recreation water; and

9 ‘‘(2) an evaluation of State efforts to implement

10 this title.

11 ‘‘SEC. 706. GRANTS TO STATES.

12 ‘‘(a) GRANTS.—The Administrator may make grants

13 to States for use in meeting the requirements of sections

14 702 and 704.

15 ‘‘(b) COST SHARING.—For each fiscal year, the total

16 amount of funds provided through grants to a State under

17 this section shall not exceed 50 percent of the cost to the

18 State of implementing requirements described in sub19 section (a).

20 ‘‘(c) ELIGIBLE STATE.—Effective beginning 3 years

21 and 180 days after the date of enactment of this title,

22 the Administrator may make a grant to a State under this

23 section only if the State demonstrates to the satisfaction

24 of the Administrator the implementation of the State mon25 itoring and notification program under section 704 of this

26 title.
14

•S 522 RS

1 ‘‘SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated—

3 ‘‘(1) for use in making grants to States under

4 section 706, $9,000,000 for each of fiscal years

5 2000 through 2004; and

6 ‘‘(2) for carrying out the other provisions of

7 this title, $3,000,000 for each of fiscal years 2000

8 through 2004.’’.

9 SECTION 1. SHORT TITLE.

10 This Act may be cited as the ‘‘Beaches Environmental

11 Assessment and Coastal Health Act of 2000’’.

12 SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUAL13 ITY CRITERIA AND STANDARDS BY STATES.

14 Section 303 of the Federal Water Pollution Control Act

15 (33 U.S.C. 1313) is amended by adding at the end the fol16 lowing:

17 ‘‘(i) COASTAL RECREATION WATER QUALITY CRI18 TERIA.—

19 ‘‘(1) ADOPTION BY STATES.—

20 ‘‘(A) INITIAL CRITERIA AND STANDARDS.—

21 Not later than 42 months after the date of enact22 ment of this subsection, each State having coast23 al recreation waters shall adopt and submit to

24 the Administrator water quality criteria and

25 standards for the coastal recreation waters of the

26 State for those pathogens and pathogen indica-
15

•S 522 RS

1 tors for which the Administrator has published

2 criteria guidance under section 304(a).

3 ‘‘(B) NEW OR REVISED CRITERIA AND

4 STANDARDS.—Not later than 36 months after the

5 date of publication by the Administrator of new

6 or revised water quality criteria under section

7 304(a)(9), each State having coastal recreation

8 waters shall adopt and submit to the Adminis9 trator new or revised water quality standards for

10 the coastal recreation waters of the State for all

11 pathogens and pathogen indicators to which the

12 new or revised water quality criteria guidance is

13 applicable.

14 ‘‘(2) FAILURE OF STATES TO ADOPT.—

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

16 water quality criteria and standards in accord17 ance with paragraph (1), the Administrator

18 shall promptly propose regulations described in

19 subparagraph (A) or (B) of that paragraph for

20 the State setting forth revised or new water qual21 ity standards for pathogens and pathogen indi22 cators for coastal recreation waters of the State.

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

24 proposes regulations described in subparagraph

25 (A) under section 303(c)(4)(B), the Adminis-
16

•S 522 RS

1 trator shall publish any revised or new standard

2 under this section not later than 36 months after

3 the date of publication of the new or revised

4 water quality criteria under section 304(a)(9).

5 ‘‘(3) APPLICABILITY.—Except as expressly pro6 vided by this subsection, the requirements and proce7 dures of subsection (c) apply to this subsection, in8 cluding the requirement in subsection (c)(2)(A) that

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

10 SEC. 3. REVISIONS TO WATER QUALITY CRITERIA GUID11 ANCE.

12 (a) STUDIES CONCERNING PATHOGEN INDICATORS IN

13 COASTAL RECREATION WATERS.—Section 104 of the Fed14 eral Water Pollution Control Act (33 U.S.C. 1254) is

15 amended by adding at the end the following:

16 ‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS IN

17 COASTAL RECREATION WATERS.—Not later than 18

18 months after the date of enactment of this subsection, after

19 consultation and in cooperation with appropriate Federal,

20 State, tribal, and local officials (including local health offi21 cials), the Administrator shall initiate, and, not later than

22 3 years after the date of enactment of this subsection, shall

23 complete, in cooperation with the heads of other Federal

24 agencies, studies to provide additional information for use

25 in developing—
17

•S 522 RS

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

2 risks resulting from exposure to pathogens in coastal

3 recreation waters, including nongastrointestinal ef4 fects;

5 ‘‘(2) appropriate and effective indicators for im6 proving detection in a timely manner in coastal

7 recreation waters of the presence of pathogens that are

8 harmful to human health;

9 ‘‘(3) appropriate, accurate, expeditious, and cost10 effective methods (including predictive models) for de11 tecting in a timely manner in coastal recreation wa12 ters the presence of pathogens that are harmful to

13 human health; and

14 ‘‘(4) guidance for State application of the cri15 teria guidance for pathogens and pathogen indicators

16 to be published under section 304(a)(9) to account for

17 the diversity of geographic and aquatic conditions.’’.

18 (b) REVISED CRITERIA GUIDANCE.—Section 304(a) of

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

20 1314(a)) is amended by adding at the end the following:

21 ‘‘(9) REVISED CRITERIA GUIDANCE FOR COASTAL

22 RECREATION WATERS.—

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

24 after the date of enactment of this paragraph,

25 after consultation and in cooperation with ap-
18

•S 522 RS

1 propriate Federal, State, tribal, and local offi2 cials (including local health officials), the Ad3 ministrator shall publish new or revised water

4 quality criteria guidance for pathogens and

5 pathogen indicators (including a revised list of

6 testing methods, as appropriate), based on the re7 sults of the studies conducted under section

8 104(v), for the purpose of protecting human

9 health in coastal recreation waters.

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

11 that is 5 years after the date of publication of

12 water quality criteria guidance under this para13 graph, and at least once every 5 years thereafter,

14 the Administrator shall review and, as necessary,

15 revise the water quality criteria guidance.’’.

16 SEC. 4. COASTAL RECREATION WATER QUALITY MONI17 TORING AND NOTIFICATION.

18 Title IV of the Federal Water Pollution Control Act

19 (33 U.S.C. 1341 et seq.) is amended by adding at the end

20 the following:

21 ‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONI22 TORING AND NOTIFICATION.

23 ‘‘(a) MONITORING AND NOTIFICATION.—

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

25 after the date of enactment of this section, after con-
19

•S 522 RS

1 sultation and in cooperation with appropriate Fed2 eral, State, tribal, and local officials (including local

3 health officials), and after providing public notice

4 and an opportunity for comment, the Administrator

5 shall publish performance criteria that provide for—

6 ‘‘(A) monitoring and assessment (including

7 specifying available methods for monitoring) of

8 coastal recreation waters adjacent to beaches or

9 other points of access that are used by the public

10 for attainment of applicable water quality stand11 ards for pathogens and pathogen indicators; and

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

13 local governments, and the Administrator of any

14 exceeding of or likelihood of exceeding applicable

15 water quality standards for coastal recreation

16 waters described in subparagraph (A).

17 ‘‘(2) LEVEL OF PROTECTION.—The performance

18 criteria referred to in paragraph (1) shall provide for

19 the activities described in subparagraphs (A) and (B)

20 of that paragraph to be carried out as necessary for

21 the protection of public health and safety.

22 ‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION

23 GRANTS.—

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

25 make grants to States and local governments to de-
20

•S 522 RS

1 velop and implement programs for monitoring and

2 notification for coastal recreation waters adjacent to

3 beaches or other points of access that are used by the

4 public.

5 ‘‘(2) PRIORITIZATION.—States and local govern6 ments may prioritize the use of funds under para7 graph (1) based on the greatest risks to human health.

8 ‘‘(3) LIMITATIONS.—

9 ‘‘(A) IN GENERAL.—The Administrator

10 may award a grant to a State or a local govern11 ment to implement a monitoring and notifica12 tion program if—

13 ‘‘(i) the program is consistent with the

14 performance criteria published by the Ad15 ministrator under subsection (a); and

16 ‘‘(ii) the public is provided an oppor17 tunity to review the program through a

18 process that provides for public notice and

19 an opportunity for comment.

20 ‘‘(B) GRANTS TO LOCAL GOVERNMENTS.—

21 The Administrator is authorized to make grants

22 for implementation of a local government pro23 gram under subparagraph (A) only if the Ad24 ministrator determines that the State in which

25 the local government is located did not submit a
21

•S 522 RS

1 grant application for a program that meets the

2 requirements of subsection (c) during the 1-year

3 period beginning on the date of publication of

4 performance criteria under subsection (a).

5 ‘‘(4) OTHER REQUIREMENTS.—

6 ‘‘(A) LISTS OF WATERS.—On receipt of a

7 grant under this subsection, a State, tribe, or

8 local government shall—

9 ‘‘(i) apply the prioritization estab10 lished by the State, tribe, or local govern11 ment under paragraph (2); and

12 ‘‘(ii) promptly submit to the

13 Administrator—

14 ‘‘(I) a list of discrete areas of

15 coastal recreation waters that are sub16 ject to the program for monitoring and

17 notification for which the grant is pro18 vided; and

19 ‘‘(II) a list of discrete areas of

20 coastal recreation waters that are sub21 ject to the program for monitoring and

22 notification for which the grant is pro23 vided that specifies any coastal recre24 ation waters for which fiscal con25 straints will prevent compliance with
22

•S 522 RS

1 the performance criteria under sub2 section (a).

3 ‘‘(B) ADDITIONAL INFORMATION.—A State

4 recipient of a grant under this subsection shall

5 submit to the Administrator, in such format and

6 at such intervals as the Administrator deter7 mines to be appropriate, information collected as

8 part of the program for monitoring and notifica9 tion under this section.

10 ‘‘(C) DELEGATION.—A State recipient of a

11 grant under this subsection shall identify each

12 local government to which the State has dele13 gated or intends to delegate responsibility for im14 plementing a monitoring and notification pro15 gram consistent with the performance criteria

16 published under subsection (a) (including any

17 coastal recreation waters for which the authority

18 to implement a monitoring and notification pro19 gram would be subject to the delegation).

20 ‘‘(5) FEDERAL SHARE.—

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

22 through grants awarded under this section, may

23 pay up to 100 percent of the costs of developing

24 and implementing a program for monitoring

25 and notification under this subsection.
23

•S 522 RS

1 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed2 eral share of the costs of developing and imple3 menting a monitoring and notification program

4 may be—

5 ‘‘(i) in an amount not to exceed 50

6 percent, as determined by the Administrator

7 in consultation with State, tribal, and local

8 government representatives; and

9 ‘‘(ii) provided in cash or in kind.

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

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

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

13 monitoring and notification under this section shall

14 identify—

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

16 State, including coastal recreation waters adjacent to

17 beaches or other points of access that are used by the

18 public;

19 ‘‘(2) in the case of a State program for moni20 toring and notification, the process by which the

21 State may delegate to local governments responsibility

22 for implementing the monitoring and notification

23 program;
24

•S 522 RS

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

2 and assessment of coastal recreation waters based

3 on—

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

5 waters;

6 ‘‘(B) the nature and extent of use during

7 certain periods;

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

9 point and nonpoint sources of pollution; and

10 ‘‘(D) any effect of storm events on the wa11 ters;

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

13 of pathogens and pathogen indicators that are harm14 ful to human health; and

15 ‘‘(B) the assessment procedures for identifying

16 short-term increases in pathogens and pathogen indi17 cators that are harmful to human health in coastal

18 recreation waters (including increases in relation to

19 storm events);

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

21 occurrence, nature, location, pollutant source in22 volved, and extent of any exceeding of, or likelihood

23 of exceeding, applicable water quality standards for

24 pathogens and pathogen indicators to—

25 ‘‘(A) the Administrator; and
25

•S 522 RS

1 ‘‘(B) a designated official of a local govern2 ment having jurisdiction over land adjoining the

3 coastal recreation waters for which the failure to

4 meet applicable standards is identified;

5 ‘‘(6) measures for the posting of signs at beaches

6 or other points of access, or functionally equivalent

7 communication measures that are sufficient to give

8 notice to the public that the coastal recreation waters

9 are not meeting or are not expected to meet applicable

10 water quality standards for pathogens and pathogen

11 indicators; and

12 ‘‘(7) measures that inform the public of the po13 tential risks associated with water contact activities

14 in the coastal recreation waters that do not meet ap15 plicable water quality standards.

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

17 30 months after the date of enactment of this section, each

18 Federal agency that has jurisdiction over coastal recreation

19 waters adjacent to beaches or other points of access that are

20 used by the public shall develop and implement, through

21 a process that provides for public notice and an opportunity

22 for comment, a monitoring and notification program for

23 the coastal recreation waters that—

24 ‘‘(1) protects the public health and safety; and
26

•S 522 RS

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

2 published under subsection (a).

3 ‘‘(e) INFORMATION DATABASE.—The Administrator

4 shall establish, maintain, and make available to the public

5 by electronic and other means a national coastal recreation

6 water pollution occurrence database that provides—

7 ‘‘(1) the information reported to the Adminis8 trator under subsection (b)(4)(B); and

9 ‘‘(2) other information concerning pathogens and

10 pathogen indicators in coastal recreation waters

11 that—

12 ‘‘(A) is made available to the Administrator

13 by a State or local government, from a coastal

14 water quality monitoring program of the State

15 or local government; and

16 ‘‘(B) the Administrator determines should

17 be included.

18 ‘‘(f) TECHNICAL ASSISTANCE FOR MONITORING

19 FLOATABLE MATERIAL.—The Administrator shall provide

20 technical assistance to States and local governments for the

21 development of assessment and monitoring procedures for

22 floatable material to protect public health and safety in

23 coastal recreation waters.

24 ‘‘(g) LIST OF WATERS.—
27

•S 522 RS

1 ‘‘(1) IN GENERAL.—Beginning not later than 18

2 months after the date of publication of performance

3 criteria under subsection (a), based on information

4 made available to the Administrator, the Adminis5 trator shall maintain a list of discrete coastal recre6 ation waters adjacent to beaches or other points of ac7 cess that are used by the public that—

8 ‘‘(A) are subject to a monitoring and notifi9 cation program consistent with the performance

10 criteria established under subsection (a); and

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

12 paragraph for which there is no monitoring and

13 notification program (including waters for which

14 fiscal constraints will prevent the State from

15 performing monitoring and notification con16 sistent with the performance criteria established

17 under subsection (a)).

18 ‘‘(2) AVAILABILITY.—The Administrator shall

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

20 the public through—

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

22 and

23 ‘‘(B) electronic media.
28

•S 522 RS

1 ‘‘(3) UPDATES.—The Administrator shall update

2 the list described in paragraph (1) periodically as

3 new information becomes available.

4 ‘‘(h) EPA IMPLEMENTATION.—

5 ‘‘(1) IN GENERAL.—In the case of a State that

6 has no program for monitoring and notification that

7 is consistent with the performance criteria published

8 under subsection (a), the Administrator shall conduct

9 a monitoring and notification program for coastal

10 recreation waters in that State using the funds ap11 propriated for grants under subsection (i)—

12 ‘‘(A) to conduct monitoring and notifica13 tion; and

14 ‘‘(B) for related salaries, expenses, and

15 travel.

16 ‘‘(2) PRIORITIZATION.—In conducting a moni17 toring and notification program under paragraph

18 (1), the Administrator shall apply any prioritization

19 developed by the State under subsection (b)(2).

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

21 authorized to be appropriated for making grants under sub22 section (b), including implementation of monitoring and

23 notification programs by the Administrator under sub24 section (h), $30,000,000 for each of fiscal years 2001

25 through 2005.’’.
29

•S 522 RS

1 SEC. 5. DEFINITIONS.

2 Section 502 of the Federal Water Pollution Control Act

3 (33 U.S.C. 1362) is amended by adding at the end the fol4 lowing:

5 ‘‘(21) COASTAL RECREATION WATERS.—

6 ‘‘(A) IN GENERAL.—The term ‘coastal recre7 ation waters’ means the Great Lakes and other

8 marine coastal waters (including coastal estu9 aries) that are used by the public for swimming,

10 bathing, surfing, or other similar water contact

11 activities.

12 ‘‘(B) EXCLUSION.—The term ‘coastal recre13 ation waters’ does not include inland waters.

14 ‘‘(22) FLOATABLE MATERIAL.—

15 ‘‘(A) IN GENERAL.—The term ‘floatable ma16 terial’ means any foreign matter that may float

17 or remain suspended in the water column.

18 ‘‘(B) INCLUSIONS.—The term ‘floatable ma19 terial’ includes—

20 ‘‘(i) plastic;

21 ‘‘(ii) aluminum cans;

22 ‘‘(iii) wood products;

23 ‘‘(iv) bottles; and

24 ‘‘(v) paper products.
30

•S 522 RS

1 ‘‘(23) PATHOGEN INDICATOR.—The term ‘patho2 gen indicator’ means a substance that indicates the

3 potential for human infectious disease.’’.

4 SEC. 6. INDIAN TRIBES.

5 Section 518(e) of the Federal Water Pollution Control

6 Act (33 U.S.C. 1377(e)) is amended by striking ‘‘and 404’’

7 and inserting ‘‘404, and 406’’.

8 SEC. 7. REPORT.

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

10 date of enactment of this Act, and every 4 years thereafter,

11 the Administrator of the Environmental Protection Agency

12 shall submit to Congress a report that includes—

13 (1) recommendations concerning the need for ad14 ditional water quality criteria guidance for pathogens

15 and pathogen indicators and other actions that should

16 be taken to improve the quality of coastal recreation

17 waters;

18 (2) an evaluation of Federal, State, and local ef19 forts to implement this Act, including the amend20 ments made by this Act; and

21 (3) recommendations on improvements to meth22 odologies and techniques for monitoring of coastal

23 recreation waters.

24 (b) COORDINATION.—The Administrator of the Envi25 ronmental Protection Agency may coordinate the report
31

•S 522 RS

1 under this section with other reporting requirements under

2 the Federal Water Pollution Control Act (33 U.S.C. 1251

3 et seq.).

4 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There are authorized to be appro6 priated to carry out the provisions of this Act, including

7 the amendments made by this Act, for which amounts are

8 not otherwise specifically authorized to be appropriated,

9 such sums as are necessary for each of fiscal years 2001

10 through 2005.

11 (b) BUDGET REQUEST.—The Administrator of the En12 vironmental Protection Agency shall request that Congress

13 appropriate funds to carry out this Act.
Calendar No. 743

106TH CONGRESS

2D SESSION S. 522

[Report No. 106–366]

A BILL

To amend the Federal Water Pollution Control Act

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

AUGUST 25, 2000

Reported with an amendment