Union Calendar No. 55
106TH CONGRESS
1ST SESSION
H. R. 999
[Report No. 106–98]
A BILL
To amend the Federal Water Pollution Control Act
to improve the quality of coastal recreation wa-
ters, and for other purposes.
APRIL 19, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
IB
Union Calendar No. 55
106TH CONGRESS
1ST SESSION
H. R. 999
[Report No. 106–98]
To amend the Federal Water Pollution Control Act to improve the quality
of coastal recreation waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1999
Mr. BILBRAY (for himself, Mr. FARR of California, Mr. GILCHREST, Mrs.
CAPPS, Mr. KUYKENDALL, and Mr. SAXTON) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure
APRIL 19, 1999
Additional sponsors: Mrs. KELLY, Mr. HORN, Mrs. JONES of Ohio, Mr. SHAW,
and Mr. LOBIONDO
APRIL 19, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 4, 1999]
A BILL
To amend the Federal Water Pollution Control Act to im-
prove the quality of coastal recreation waters, 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 Environmental
Assessment, Cleanup, and Health Act of 1999’’.
SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUAL-
ITY CRITERIA AND STANDARDS BY STATES.
Section 303 of the Federal Water Pollution Control Act
(33 U.S.C. 1313) is amended by adding at the end the fol-
lowing:
‘‘(i) COASTAL RECREATION WATER QUALITY CRITERIA
AND STANDARDS.—
‘‘(1) ADOPTION BY STATES.—
‘‘(A) INITIAL CRITERIA AND STANDARDS.—
Not later than 31⁄2 years after the date of enact-
ment of this subsection, each State having coast-
al recreation waters shall adopt and submit to
the Administrator water quality criteria and
standards for such waters for those pathogens
and pathogen indicators for which the Adminis-
trator has published criteria under section
304(a).
‘‘(B) NEW OR REVISED STANDARDS.—Not
later than 3 years after the date of publication
by the Administrator of new or revised water
quality criteria under section 304(a)(9), each
State having coastal recreation waters shall
adopt and submit to the Administrator new or
revised water quality standards for such waters
for all pathogens and pathogen indicators for
which the Administrator publishes new or re-
vised water quality criteria.
‘‘(2) FAILURE OF STATES TO ADOPT.—If a State
has not complied with paragraph (1)(A) by the date
specified in paragraph (1)(A), the Administrator
shall promptly prepare and publish proposed regula-
tions for the State setting forth revised or new water
quality standards for coastal recreation waters for the
pathogens and pathogen indicators subject to para-
graph (1)(A). If the Administrator prepares and pub-
lishes such regulations under subsection (c)(4)(B) be-
fore the date specified in paragraph (1)(A), the Ad-
ministrator shall promulgate any revised or new
standard under this paragraph not later than the
date specified in paragraph (1)(A).
‘‘(3) SAVINGS CLAUSE.—Except as expressly pro-
vided by this subsection, the requirements and proce-
dures of subsection (c) apply to this subsection.’’.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) STUDIES.—Section 104 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1254) is amended by adding
at the end the following:
‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS IN
COASTAL RECREATION WATERS.—Not later than 3 years
after the date of enactment of this subsection, and after con-
sultation and collaboration with appropriate Federal,
State, and local officials (including local health officials)
and other interested persons, the Administrator shall con-
duct, in cooperation with the heads of other Federal agen-
cies, studies to provide additional information for use in
developing—
‘‘(1) a more complete determination of potential
human health risks resulting from exposure to patho-
gens in coastal recreation waters, including effects to
the upper respiratory system;
‘‘(2) appropriate and effective indicators for im-
proving detection in a timely manner in coastal
recreation waters of the presence of pathogens that are
harmful to human health;
‘‘(3) appropriate, accurate, expeditious, and cost-
effective methods (including predictive models) for de-
tecting in a timely manner in coastal recreation wa-
ters the presence of pathogens that are harmful to
human health; and
‘‘(4) guidance for State application of the cri-
teria for pathogens and pathogen indicators to be
issued under section 304(a)(9) to account for the di-
versity of geographic and aquatic conditions.’’.
(b) REVISED CRITERIA.—Section 304(a) of such Act
(33 U.S.C. 1314(a)) is amended by adding at the end the
following:
‘‘(9) REVISED CRITERIA FOR COASTAL RECRE-
ATION WATERS.—
‘‘(A) IN GENERAL.—Not later than 4 years
after the date of enactment of this paragraph,
and after consultation and collaboration with
appropriate Federal, State, and local officials
(including local health officials), the Adminis-
trator shall issue new or revised water quality
criteria for pathogens and pathogen indicators
(including a revised list of testing methods, as
appropriate) based on the results of the studies
conducted under section 104(v) for the purpose of
protecting human health in coastal recreation
waters.
‘‘(B) REVIEWS.—At least once every 5 years
after the date of issuance of water quality cri-
teria under this paragraph, the Administrator
shall review and, as necessary, revise the water
quality criteria.’’.
SEC. 4. COASTAL RECREATION WATER QUALITY MONI-
TORING AND NOTIFICATION.
Title IV of the Federal Water Pollution Control Act
(33 U.S.C. 1341–1345) is amended by adding at the end
the following:
‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONI-
TORING AND NOTIFICATION.
‘‘(a) MONITORING AND NOTIFICATION.—Not later than
18 months after the date of enactment of this section, after
consultation and collaboration with appropriate Federal,
State, and local officials (including local health officials),
and after providing public notice and an opportunity for
comment, the Administrator shall publish performance cri-
teria for—
‘‘(1) monitoring (including specifying available
methods for monitoring) coastal recreation waters ad-
jacent to beaches (or other points of access) that are
open to the public for attainment of applicable water
quality standards for pathogens and pathogen indica-
tors and for protection of public safety from floatable
materials; and
‘‘(2) promptly notifying the public, local govern-
ments, and the Administrator of any exceedance of
applicable water quality standards for coastal recre-
ation waters described in paragraph (1) (or the im-
mediate likelihood of such an exceedance).
The performance criteria shall provide for the activities de-
scribed in paragraphs (1) and (2) to be carried out as nec-
essary for the protection of public health and safety.
‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION
GRANTS.—
‘‘(1) IN
GENERAL.—The Administrator shall
make grants to States and local governments for the
purpose of developing and implementing programs for
monitoring and notification, as provided in para-
graphs (2) and (3).
‘‘(2) STATE PROGRAMS.—
‘‘(A) IN
GENERAL.—The Administrator
shall make grants to a State for developing and
implementing a program for monitoring and no-
tification to protect public health and safety that
meets the performance criteria established under
subsection (a) for coastal recreation waters adja-
cent to beaches (or other points of access) that
are open to the public and are subject to the ju-
risdiction of the State.
‘‘(B) REQUIREMENTS.—The Administrator
shall make grants for implementation of a pro-
gram of a State under subparagraph (A) only if
the Administrator determines that—
‘‘(i) the program has been developed
through a process that provides for public
notice and an opportunity for comment;
‘‘(ii) the program meets the perform-
ance criteria under subsection (a), based on
a review of the program, including informa-
tion provided by the State under clause
(iii); and
‘‘(iii) the program—
‘‘(I) identifies coastal recreation
waters within the jurisdiction of the
State;
‘‘(II) identifies those coastal recre-
ation waters adjacent to beaches (or
other points of access) that are open to
the public and subject to the jurisdic-
tion of the State and that are covered
by the program;
‘‘(III) 
identifies 
those 
coastal
recreation waters covered by the pro-
gram that would be given a priority
for monitoring and notification if fis-
cal constraints prevent compliance at
all coastal recreation waters covered by
the program with the performance cri-
teria established under subsection (a);
‘‘(IV) identifies the process for
making any delegation of responsi-
bility for implementing the program to
local governments, the local govern-
ments, if any, to which the State has
delegated or intends to delegate such
responsibility, and the coastal recre-
ation waters covered by the program
that are or would be the subject of such
delegation;
‘‘(V) specifies the frequency of
monitoring based on the periods of rec-
reational use of such waters and the
nature and extent of use during such
periods;
‘‘(VI) specifies the frequency and
location of monitoring based on the
proximity of such waters to known
point and nonpoint sources of pollu-
tion and in relation to storm events;
‘‘(VII) specifies which methods
will be used for detecting levels of
pathogens and pathogen indicators
that are harmful to human health and
for identifying short-term increases in
pathogens and pathogen indicators
that are harmful to human health in
coastal recreation waters, including in
relation to storm events;
‘‘(VIII) specifies measures for
prompt communication of the occur-
rence, nature, location, pollutants in-
volved, and extent of such an exceed-
ance (or the immediate likelihood of
such an exceedance) to the Adminis-
trator and a designated official of a
local government having jurisdiction
over land adjoining the coastal recre-
ation waters covered by the State pro-
gram for which an exceedance is iden-
tified; and
‘‘(IX) specifies measures for post-
ing of signs at the beach (or other
point of access), or functionally equiva-
lent communication measures, suffi-
cient to give notice to the public of an
exceedance (or the immediate likelihood
of an exceedance) of applicable water
quality criteria for pathogens and
pathogen indicators for such waters
and the potential risks associated with
water contact activities in such waters.
‘‘(3) LOCAL PROGRAMS.—
‘‘(A) IN
GENERAL.—The Administrator
shall make a grant to a local government for de-
veloping and implementing a program for moni-
toring and notification to protect public health
and safety that meets the performance criteria
established under subsection (a) for coastal recre-
ation waters adjacent to beaches (or other points
of access) that are open to the public and subject
to the jurisdiction of the local government.
‘‘(B) REQUIREMENTS.—The Administrator
shall make grants for implementation of a local
government program under subparagraph (A)
only if the Administrator determines that—
‘‘(i) the State in which the local gov-
ernment is located did not submit a grant
application meeting the requirements of
paragraph (2)(B) within one year following
the date of publication of performance cri-
teria under subsection (a);
‘‘(ii) the local government program has
been developed through a process that pro-
vides for public notice and an opportunity
for comment;
‘‘(iii) the local government program
meets the performance criteria under sub-
section (a), based on a review of the local
government program, including information
provided by the local government under
paragraph (2)(B)(iii); and
‘‘(iv) the local government program ad-
dresses the matters identified in paragraph
(2)(B)(iii) with respect to such waters.
‘‘(4) LIST OF WATERS.—Following receipt of a
grant under this subsection, a State or local govern-
ment shall apply the prioritization established by the
State 
or 
local 
government 
under 
paragraph
(2)(B)(iii)(III) 
and 
promptly 
submit 
to 
the
Administrator—
‘‘(A) a list of discrete areas of coastal recre-
ation waters that are subject to the program for
monitoring and notification for which the grant
is provided where the performance criteria under
subsection (a) will be met; and
‘‘(B) a list of discrete areas of coastal recre-
ation waters that are subject to the program for
monitoring and notification for which the grant
is provided where fiscal constraints will prevent
compliance with the performance criteria under
subsection (a).
‘‘(5) FEDERAL SHARE.—The Federal share of the
cost of developing and implementing a monitoring
and notification program under this subsection shall
be not less than 50 percent nor more than 100 per-
cent, as determined by the Administrator. The non-
Federal share of such cost may be met through in-
kind contributions.
‘‘(6) DELEGATION.—If a State delegates respon-
sibility for monitoring and notification under this
subsection to a local government, the State shall make
a portion of any grant received by the State under
paragraph (2) available to the local government in an
amount commensurate with the responsibilities dele-
gated.
‘‘(c) INFORMATION DATABASE.—The Administrator
shall establish, maintain, and make available to the public
by electronic and other means a national coastal recreation
water pollution occurrence database that provides informa-
tion on exceedances of applicable water quality standards
for pathogens and pathogen indicators for coastal recreation
waters using information reported to the Administrator
pursuant to a monitoring and notification program that
meets the performance criteria established under subsection
(a). The Administrator may include in the database infor-
mation made available to the Administrator from other
coastal water quality monitoring programs determined to
be reliable by the Administrator. The database may provide
information through electronic links to other databases de-
termined to be reliable by the Administrator.
‘‘(d) TECHNICAL ASSISTANCE.—The Administrator
shall provide technical assistance to States and local gov-
ernments for the development of assessment and monitoring
procedures for floatable materials to protect public health
and safety in coastal recreation waters.
‘‘(e) LIST OF WATERS.—Beginning not later than 18
months after the date of publication of performance criteria
under subsection (a), the Administrator shall maintain a
list of discrete areas of coastal recreation waters adjacent
to beaches (or other points of access) that are open to the
public and are not subject to a program for monitoring and
notification meeting the performance criteria established
under subsection (a) based on information made available
to the Administrator. The list also shall identify discrete
areas of coastal recreation waters adjacent to beaches (or
other points of access) that are open to the public and are
subject to a monitoring and notification program meeting
the performance criteria established under subsection (a).
The Administrator shall make the list available to the pub-
lic through publication in the Federal Register and through
electronic media. The Administrator shall update the list
at least annually.
‘‘(f) EPA IMPLEMENTATION.—After the last day of the
3-year period beginning on the date the Administrator
identifies a discrete area of coastal recreation waters adja-
cent to beaches (or other points of access) that are open to
the public and are not subject to a monitoring and notifica-
tion program meeting the performance criteria established
under subsection (a), the Administrator shall conduct such
a monitoring and notification program for the discrete area
using the funds appropriated for grants under subsection
(b), including salaries, expenses, and travel. The Adminis-
trator’s duties under this paragraph shall be limited to the
activities that can be performed using such funds.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for making grants to States
and local governments under subsection (b), including im-
plementation of monitoring and notification programs by
the Administrator under subsection (f), $30,000,000 for
each of fiscal years 2000 through 2004.’’.
SEC. 5. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362) is amended by adding at the end the fol-
lowing:
‘‘(21) COASTAL RECREATION WATERS.—The term
‘coastal recreation waters’ means the Great Lakes and
marine coastal waters, including estuaries, used by
the public for swimming, bathing, surfing, or other
similar water contact activities.
‘‘(22) 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 products, bot-
tles, and paper products.
‘‘(23) PATHOGEN INDICATORS.—The term ‘patho-
gen indicators’ means substances that indicate the po-
tential for human infectious disease.’’.
SEC. 6. REPORT TO CONGRESS.
(a) IN GENERAL.—Not later than 4 years after the
date of enactment of this Act, and within the succeeding
4-year period and periodically thereafter, the Adminis-
trator of the Environmental Protection Agency shall trans-
mit to Congress a report including—
(1) recommendations concerning the need for ad-
ditional water quality criteria for pathogens and
other actions needed to improve the quality of coastal
recreation waters;
(2) an evaluation of Federal, State, and local ef-
forts to implement this Act, including the amend-
ments made by this Act; and
(3) recommendations on improvements to meth-
odologies and techniques for monitoring of coastal
recreation waters.
(b) COORDINATION.—The Administrator may coordi-
nate the report under this section with other reporting re-
quirements under the Federal Water Pollution Control Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying
out the provisions of this Act (including amendments made
by this Act) for which amounts are not otherwise specifi-
cally authorized to be appropriated such sums as may be
necessary for each of fiscal years 2000 through 2004.