[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58229-58230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23555]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-8725-1]


Beaches Environmental Assessment and Coastal Health Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of National List of Beaches under the 
Beaches Environmental Assessment and Coastal Health Act.

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SUMMARY: This notice informs the public that EPA has updated the 
National List of Beaches pursuant to Section 406(g) of the Clean Water 
Act (CWA) as amended by the Beaches Environmental Assessment and 
Coastal Health (BEACH) Act. EPA is publishing this list under the title 
National List of Beaches. Section 406(g) requires EPA to publish a list 
of discrete coastal recreation waters adjacent to beaches or similar 
points of access that are used by the public and to update the list 
periodically as new information becomes available. The list specifies 
whether the waters are subject to a monitoring and notification program 
consistent with the performance criteria (National Beach Guidance and 
Required Performance Criteria for Grants June 2002) EPA published under 
CWA section 406(a). The list contains information that coastal and 
Great Lakes States made available to EPA as of January 31, 2008, and it 
replaces the previous list that EPA published on May 4, 2004. The 
National List of Beaches provides a national baseline of the extent of 
monitoring of waters adjacent to beaches or similar points of access, 
which will allow EPA to measure State program performance in 
implementing the monitoring and notification provisions of the BEACH 
Act.

ADDRESSES: Address all inquiries concerning this document to Lars 
Wilcut, Environmental Scientist, Office of Science and Technology, Mail 
Code 4305T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lars Wilcut, (202) 566-0447, 
<a href="/cdn-cgi/l/email-protection#afd8c6c3ccdadb81c3cedddcefcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="35425c595640411b59544746755045541b525a43">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Interested Entities

    This notice may be of interest to State and local beach managers, 
the general public, and environmental organizations concerned with 
public health at beaches.

B. What is the Statutory Authority for the National List of Beaches?

    The BEACH Act, signed into law on October 10, 2000, incorporated 
new provisions in the Clean Water Act to reduce the risk of illness to 
users of the nation's coastal recreation waters. Section 406(g) of the 
Clean Water Act, as amended by the BEACH Act, Public Law 106-284, 114 
Stat. 970 (2000), states:

    ``(g) LIST OF WATERS.--
    ``(1) IN GENERAL.-- Beginning not later than 18 months after the 
date of publication of performance criteria under subsection (a), 
based on information made available to the Administrator, the 
Administrator shall identify, and maintain a list of, discrete 
coastal recreation waters adjacent to beaches or similar points of 
access that are used by the public that--
    ``(A) specifies any waters described in this paragraph that are 
subject to a monitoring and notification program consistent with the 
performance criteria established under subsection (a); and

[[Page 58230]]

    ``(B) specifies any waters described in this paragraph for which 
there is no monitoring and notification program (including waters 
for which fiscal constraints will prevent the State or the 
Administrator from performing monitoring and notification consistent 
with the performance criteria established under subsection (a)).
    ``(2) AVAILABILITY.--The Administrator shall make the list 
described in paragraph (1) available to the public through--
    ``(A) publication in the Federal Register; and
    ``(B) electronic media.
    ``(3) UPDATES.--The Administrator shall update the list 
described in paragraph (1) periodically as new information becomes 
available.''

C. How did EPA obtain this information?

    EPA provides federal grant funds to assist coastal and Great Lakes 
States and Territories in the implementation of their beach monitoring 
and notification programs. In developing these programs, States and 
Territories created lists of their coastal recreation waters, including 
those waters adjacent to beaches and other similar points of access, 
and identified whether there is a monitoring program for each beach. 
EPA assisted States through workshops and telephone contact with 
Regional Beach Coordinators and Headquarters personnel. States then 
submitted their lists to EPA. EPA compiled the submissions and made the 
information available to the public on May 4, 2004 (69 FR24597).
    Since 2004, coastal and Great Lakes States have updated this 
information as part of their annual submission of beach monitoring and 
notification data to EPA. EPA is now publishing the most current update 
to this information based on the States' beach monitoring and 
notification data for the 2007 beach season.

D. How will EPA use this National List of Beaches?

    The National List of Beaches provides EPA a national baseline of 
the extent of monitoring of waters adjacent to beaches or similar 
points of access, which will allow EPA to measure improvements in 
monitoring and notification at all coastal and Great Lake beaches. It 
will also help EPA determine how to improve implementation of the BEACH 
Act. The list provides information to the public identifying the 
beaches in their State and whether they are monitored. In 2007, States 
and Territories identified a total of 6,247 beaches, the waters of 
3,655 of those beaches were monitored and the waters of 2,592 of those 
beaches were not monitored. EPA continues to work with states to 
compile additional information and integrate the National List of 
Beaches with other program information such as frequency of monitoring 
and beach location and length.

E. How may you look at or get a copy of this list?

    The National List of Beaches is available on EPA's Web site at: 
http://www.epa.gov/waterscience/beaches/. Copies of the document can 
also be obtained by writing, calling, or e-mailing: Office of Water 
Resources Center, U.S. Environmental Protection Agency, Mail Code 
4100T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 
202-566-1731 or e-mail: <a href="/cdn-cgi/l/email-protection#ef8c8a819b8a9dc1988e9b8a9dc29d8a9c809a9d8c8aaf8a9f8ec1888099"><span class="__cf_email__" data-cfemail="197a7c776d7c6b376e786d7c6b346b7c6a766c6b7a7c597c6978377e766f">[email protected]</span></a>).

F. How do I find more information about my State's or Territory's List 
of Beaches?

    The 35 States subject to the BEACH Act amendments to the Clean 
Water Act provided the information that EPA used to compile the 
National List of Beaches. State and Territory contacts are identified 
along with each State's or Territory's list.

G. How will this list change?

    EPA intends to update this list periodically based on information 
received from States. EPA will publish notice in the Federal Register 
of any revisions to the National List of Beaches.

    Dated: September 30, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E8-23555 Filed 10-3-08; 8:45 am]
BILLING CODE 6560-50-P


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