I
106TH CONGRESS
1ST SESSION
H. R. 950
To amend the Federal Water Pollution Control Act to improve the quality
of beaches and coastal recreation waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1999
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to im-
prove the quality of beaches and coastal recreation wa-
ters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Beaches Environ-
mental Assessment, Closure, and Health Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the Nation’s beaches and coastal recreation
waters are valuable public resources used for recre-
ation by millions of people annually;
(2) the beaches of coastal States are hosts to
many out-of-State and international visitors;
(3) tourism in the coastal zone generates bil-
lions of dollars annually;
(4) increased population and urbanization of
the watershed have contributed to the decline in the
environmental quality of coastal waters;
(5) pollution in coastal waters is not restricted
by State and other political boundaries;
(6) coastal States have different methods of
testing, and parameters for evaluating, the quality of
coastal recreation waters, providing varying degrees
of protection to the public;
(7) the adoption of consistent criteria by coastal
States for monitoring and evaluating the quality of
coastal recreation waters, and the posting of signs at
beaches notifying the public during periods when the
standards are exceeded, would enhance public health
and safety; and
(8) while the adoption of such criteria will en-
hance public health and safety, exceedances of such
criteria should be addressed (for example, as part of
a watershed approach to effectively identify and
eliminate sources of pollution).
(b) PURPOSE.—The purpose of this Act is to require
uniform criteria and procedures for testing, monitoring,
and notifying users of those coastal recreation waters and
beaches open for use by the public in order to protect pub-
lic safety and improve environmental quality.
SEC. 3. BEACH AND COASTAL RECREATION WATER QUAL-
ITY.
The Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) is amended by adding at the end the follow-
ing:
‘‘TITLE VII—BEACH AND COAST-
AL 
RECREATION 
WATER
QUALITY
‘‘SEC. 701. DEFINITIONS.
‘‘In this title, the following definitions apply:
‘‘(1) COASTAL
RECREATION
WATERS.—The
term ‘coastal recreation waters’ means waters adja-
cent to public beaches of the Great Lakes and other
marine coastal waters (including bays, lagoon
mouths, and coastal estuaries within the tidal zone)
used by the public for swimming, bathing, surfing,
or other similar water contact activities.
‘‘(2) FLOATABLE MATERIALS.—The term ‘float-
able materials’ means any foreign matter that may
float or remain suspended in the water column and
includes plastic, aluminum cans, wood, bottles, paper
products, and fishing gear.
‘‘SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER
QUALITY CRITERIA BY STATES.
‘‘(a) GENERAL RULE.—A State shall adopt water
quality criteria for coastal recreation waters which, at a
minimum, are consistent with the criteria published by the
Administrator under section 304(a)(1) not later than 31⁄2
years following the date of the enactment of this title.
Such water quality criteria shall be developed and promul-
gated in accordance with the requirements of section
303(c). A State shall incorporate such criteria into all ap-
propriate programs into which such State would incor-
porate other water quality criteria adopted under section
303(c) and revise such criteria not later than 3 years fol-
lowing the date of publication of revisions by the Adminis-
trator under section 703(b).
‘‘(b) FAILURE OF STATES TO ADOPT.—If a State
has not complied with subsection (a) by the last day of
the 31⁄2-year period beginning on the date of the enact-
ment of this title, the water quality criteria issued by the
Administrator under section 304(a)(1) shall become appli-
cable as the water quality criteria for coastal recreational
waters for the State, and shall be deemed to have been
promulgated by the Administrator pursuant to section
303(c)(4).
‘‘SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.
‘‘(a) STUDIES.—After consultation with appropriate
Federal, State, and local officials, including local health
officials, and other interested persons, but not later than
the last day of the 3-year period beginning on the date
of the enactment of this Act, the Administrator shall con-
duct, in cooperation with the Under Secretary of Com-
merce for Oceans and Atmosphere, studies to provide ad-
ditional information to the current base of knowledge for
use in developing—
‘‘(1) a more complete list of potential human
health risks from inhalation, ingestion, or body con-
tact with coastal recreation waters, including effects
to the upper respiratory system;
‘‘(2) appropriate and effective indicators for im-
proving direct detection of the presence of pathogens
that are harmful to human health in coastal rec-
reational waters;
‘‘(3) appropriate, accurate, and expeditious
methods (including predictive models) for detecting
the presence of pathogens, harmful to human health,
found in coastal recreation waters; and
‘‘(4) guidance for the State-to-State application
of the criteria to be issued under subsection (b) to
account for the diversity of geographic and aquatic
conditions nationwide.
‘‘(b) REVISED CRITERIA.—Based on the results of
the studies conducted under subsection (a), the Adminis-
trator, after consultation with appropriate Federal, State,
and local officials, including local health officials, and
other interested persons, shall—
‘‘(1) issue, within 5 years after the date of the
enactment of this title, revised water quality criteria
for pathogens in coastal recreation waters that are
harmful to human health, including a revised list of
indicators and testing methods; and
‘‘(2) review and revise such criteria from time
to time thereafter, but in no event less than once
every 5 years.
‘‘SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.
‘‘(a) MONITORING.—Within 18 months after the date
of enactment of this title, the Administrator shall publish
regulations requiring monitoring by States of those coastal
recreation waters and beaches open for use by the public
for compliance with applicable water quality criteria and
protection of public safety. Monitoring requirements es-
tablished pursuant to this subsection shall specify, at a
minimum—
‘‘(1) available monitoring methods to be used
by States;
‘‘(2) the frequency and location of monitoring
based on—
‘‘(A) the periods of recreational use of
such waters;
‘‘(B) the extent and degree of use during
such periods; and
‘‘(C) the proximity of coastal recreation
waters to known or identified point and
nonpoint sources of pollution and in relation to
storm events;
‘‘(3) methods for detecting levels of pathogens
that are harmful to human health and for identify-
ing short-term increases in pathogens that are harm-
ful to human health in coastal recreation waters, in-
cluding in relation to storm events; and
‘‘(4) conditions and procedures under which dis-
crete areas of coastal recreation waters may be ex-
empted by the Administrator from the monitoring
requirements of this subsection, if the Administrator
determines that an exemption will not impair compli-
ance with the applicable water quality criteria for
those waters and protection of public safety.
‘‘(b) NOTIFICATION.—
‘‘(1) REQUIREMENT.—Regulations published
pursuant to subsection (a) shall require States to
provide prompt notification to local governments, the
public, and the Administrator of an exceedance of
applicable water quality criteria for State coastal
recreation waters or the immediate likelihood of such
an exceedance.
‘‘(2) CONTENTS.—Notification pursuant to this
subsection shall include, at a minimum—
‘‘(A) prompt communication of the occur-
rence, nature, extent, location, and substances
(including pathogens) of such an exceedance, or
the immediate likelihood of such an exceedance,
to a designated official of a local government
having jurisdiction over land adjoining the
coastal recreation waters for which an exceed-
ance is identified; and
‘‘(B) posting of signs for the period during
which the exceedance continues, sufficient to
give notice to the public of an exceedance of ap-
plicable water quality criteria for such waters
and the potential risks associated with water
contact activities in such waters.
‘‘(c) REVIEW AND REVISION OF REGULATIONS.—The
Administrator shall review and revise regulations pub-
lished pursuant to this section periodically, but in no event
less than once every 5 years.
‘‘(d) STATE IMPLEMENTATION.—A State must imple-
ment a monitoring and notification program that conforms
to the regulations issued pursuant to subsections (a) and
(b) not later than 31⁄2 years after the date of the enact-
ment of this title and revise such program not later than
2 years following the date of publication of revisions by
the Administrator under subsection (c).
‘‘(e) DELEGATION OF RESPONSIBILITY.—Not later
than 18 months after the date of the enactment of this
title, the Administrator shall issue guidance establishing
core performance measures for testing, monitoring, and
notification programs and the delegation of such programs
under this section to local government authorities. In the
case that such responsibilities are delegated by a State to
a local government authority, or have been delegated to
a local government authority before such date of enact-
ment, in a manner that, at a minimum, is consistent with
the guidance issued by the Administrator, State resources,
including grants made under section 706, shall be made
available to the delegated authority for the purpose of pro-
gram implementation.
‘‘(f) FLOATABLE MATERIALS MONITORING PROCE-
DURES.—The Administrator shall provide technical assist-
ance to States for the implementation of uniform assess-
ment and monitoring procedures for floatable materials in
coastal recreation waters and specify the conditions under
which the presence of floatable material will constitute a
threat to public health and safety.
‘‘(g) OCCURRENCE DATABASE.—The Administrator
shall establish, maintain, and make available to the public
by electronic and other means—
‘‘(1) a national coastal recreation water pollu-
tion occurrence database, using reliable information,
including that reported under subsection (b); and
‘‘(2) a listing of those communities complying
with the regulations issued under subsections (a)
and (b).
‘‘SEC. 705. REPORT TO CONGRESS.
‘‘Not later than 4 years after the date of the enact-
ment of this title, and periodically thereafter, the Adminis-
trator shall submit to Congress a report including—
‘‘(1) recommendations concerning the need for
additional water quality criteria and other actions
needed to improve the quality of coastal recreation
waters; and
‘‘(2) an evaluation of State efforts to implement
this title.
‘‘SEC. 706. GRANTS TO STATES.
‘‘(a) GRANTS.—The Administrator may make grants
to States for use in fulfilling requirements established pur-
suant to sections 702 and 704.
‘‘(b) COST SHARING.—The total amount of grants to
a State under this section for a fiscal year shall not exceed
50 percent of the cost to the State of implementing re-
quirements established pursuant to sections 702 and 704.
‘‘(c) ELIGIBLE STATE.—After the last day of the
31⁄2-year period beginning on the date of the enactment
of this title, the Administrator may make a grant to a
State under this section only if the State demonstrates
to the satisfaction of the Administrator that it is imple-
menting its monitoring and notification program under
section 704.
‘‘SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the
Administrator—
‘‘(1) for use in making grants to States under
section 706 not more than $9,000,000 for each of
fiscal years 2000 through 2004; and
‘‘(2) for carrying out the other provisions of
this title not more than $3,000,000 for each of fiscal
years 2000 through 2004.’’.
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