II
Calendar No. 748
106TH CONGRESS
2D SESSION
H. R. 999
IN THE SENATE OF THE UNITED STATES
APRIL 22, 1999
Received; 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, without amendment
AN ACT
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 Environ-
mental Awareness, 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 following:
‘‘(i) COASTAL RECREATION WATER QUALITY CRI-
TERIA AND STANDARDS.—
‘‘(1) ADOPTION BY STATES.—
‘‘(A) 
INITIAL
CRITERIA
AND
STAND-
ARDS.—Not later than 31⁄2 years after the date
of the enactment of this subsection, each State
having coastal recreation waters shall adopt and
submit to the Administrator water quality cri-
teria and standards for such waters for those
pathogens and pathogen indicators for which
the Administrator 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 adopted water quality criteria referred
to in paragraph (1)(A) that are as protective of
human health as the criteria for pathogens and
pathogen indicators for coastal recreation waters
that the Administrator has published under section
304(a)(9), the Administrator shall promptly prepare
and publish proposed regulations for the State set-
ting forth revised or new water quality standards for
coastal recreation waters for the pathogens and
pathogen indicators subject to paragraph (1)(A). If
the Administrator prepares and publishes such regu-
lations under subsection (c)(4)(B) before the date
specified in paragraph (1)(A), the Administrator
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
provided by this subsection, the requirements and
procedures of subsection (c) apply to this sub-
section.’’.
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 the enactment of this subsection,
and after consultation and collaboration with appropriate
Federal, State, and local officials (including local health
officials) and other interested persons, the Administrator
shall conduct, in cooperation with the heads of other Fed-
eral agencies, studies to provide additional information for
use in developing—
‘‘(1) a more complete determination of potential
human health risks resulting from exposure to
pathogens in coastal recreation waters, including ef-
fects 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 detecting in a timely manner in coastal recre-
ation waters 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 the enactment of this para-
graph, and after consultation and collaboration
with appropriate Federal, State, and local offi-
cials (including local health officials), the Ad-
ministrator shall issue new or revised water
quality criteria for pathogens and pathogen in-
dicators (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
criteria under this paragraph, the Adminis-
trator 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 the enactment of this
section, after consultation and collaboration with appro-
priate Federal, State, tribal, and local officials (including
local health officials), and after providing public notice
and an opportunity for comment, the Administrator shall
publish performance criteria for—
‘‘(1) monitoring (including specifying available
methods for monitoring) coastal recreation waters
adjacent to beaches (or other points of access) that
are open to the public for attainment of applicable
water quality standards for pathogens and pathogen
indicators 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
described in paragraphs (1) and (2) to be carried out as
necessary for the protection of public health and safety.
‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTA-
TION GRANTS.—
‘‘(1) IN GENERAL.—The Administrator is au-
thorized to make grants to States, Indian tribes, and
local governments for the purpose of developing and
implementing programs for monitoring and notifica-
tion, as provided in paragraphs (2) and (3).
‘‘(2) STATE AND TRIBAL PROGRAMS.—
‘‘(A) IN GENERAL.—The Administrator is
authorized to make grants to a State or Indian
tribe for developing and implementing a pro-
gram for monitoring and notification to protect
public health and safety that meets the per-
formance criteria established under subsection
(a) for coastal recreation waters adjacent to
beaches (or other points of access) that are
open to the public and are subject to the juris-
diction of the State or Indian tribe.
‘‘(B) REQUIREMENTS.—The Administrator
is authorized to make grants for implementa-
tion of a program of a State or Indian tribe
under subparagraph (A) only if the Adminis-
trator 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 in-
formation provided by the State or Indian
tribe under clause (iii); and
‘‘(iii) the program—
‘‘(I) identifies coastal recreation
waters within the jurisdiction of the
State or Indian tribe;
‘‘(II) 
identifies 
those 
coastal
recreation waters adjacent to beaches
(or other points of access) that are
open to the public and subject to the
jurisdiction of the State or Indian
tribe and that are covered by the pro-
gram;
‘‘(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
criteria 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
recreational 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 or
tribal program for which an exceed-
ance is identified; and
‘‘(IX) 
specifies 
measures 
for
posting of signs at the beach (or other
point of access), or functionally equiv-
alent communication measures, suffi-
cient to give notice to the public of an
exceedance (or the immediate likeli-
hood of an exceedance) of applicable
water quality criteria for pathogens
and pathogen indicators for such wa-
ters and the potential risks associated
with water contact activities in such
waters.
‘‘(3) LOCAL PROGRAMS.—
‘‘(A) IN GENERAL.—The Administrator is
authorized to make a grant to a local govern-
ment for developing and implementing a pro-
gram for monitoring and notification to protect
public health and safety that meets the per-
formance criteria established under subsection
(a) for coastal recreation waters adjacent to
beaches (or other points of access) that are
open to the public and subject to the jurisdic-
tion of the local government.
‘‘(B) REQUIREMENTS.—The Administrator
is authorized to make grants for implementa-
tion of a local government program under sub-
paragraph (A) only if the Administrator deter-
mines 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
provides for public notice and an oppor-
tunity 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 informa-
tion provided by the local government
under paragraph (2)(B)(iii); and
‘‘(iv) the local government program
addresses the matters identified in para-
graph (2)(B)(iii) with respect to such wa-
ters.
‘‘(4) LIST OF WATERS.—Following receipt of a
grant under this subsection, a State, Indian tribe, or
local government shall apply the prioritization estab-
lished by the State, Indian tribe, or local government
under paragraph (2)(B)(iii)(III) and promptly sub-
mit to the Administrator—
‘‘(A) a list of discrete areas of coastal
recreation waters that are subject to the pro-
gram 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
recreation waters that are subject to the pro-
gram 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 moni-
toring and notification program under this sub-
section shall be not less than 50 percent nor more
than 100 percent, as determined by the Adminis-
trator. The non-Federal share of such cost may be
met through in-kind contributions.
‘‘(6) DELEGATION.—If a State delegates re-
sponsibility 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 govern-
ment in an amount commensurate with the respon-
sibilities delegated.
‘‘(c) FEDERAL AGENCY PROGRAMS.—Each Federal
agency shall develop, through a process that provides for
public notice and an opportunity for comment, a program
for monitoring and notification to protect public health
and safety that meets the performance criteria established
under subsection (a) for coastal recreation waters adjacent
to beaches (or other points of access) that are open to
the public and subject to the jurisdiction of the Federal
agency. Each Federal agency program shall address the
matters identified in subsection (b)(2)(B)(iii).
‘‘(d) 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 infor-
mation on exceedances of applicable water quality stand-
ards for pathogens and pathogen indicators for coastal
recreation waters using information reported to the Ad-
ministrator pursuant to a monitoring and notification pro-
gram that meets the performance criteria established
under subsection (a). The Administrator may include in
the database other information only if the information is
on exceedances of applicable water quality standards for
pathogens and pathogen indicators for coastal recreation
waters and is made available to the Administrator from
other coastal water quality monitoring programs deter-
mined to be reliable by the Administrator. The database
may provide such information through electronic links to
other databases determined to be reliable by the Adminis-
trator.
‘‘(e) TECHNICAL ASSISTANCE.—The Administrator
shall provide technical assistance to States, Indian tribes,
and local governments for the development of assessment
and monitoring procedures for floatable materials to pro-
tect public health and safety in coastal recreation waters.
‘‘(f) LIST OF WATERS.—Beginning not later than 18
months after the date of publication of performance cri-
teria under subsection (a), the Administrator shall main-
tain 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 cri-
teria established under subsection (a) based on informa-
tion 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 es-
tablished under subsection (a). The Administrator shall
make the list available to the public through publication
in the Federal Register and through electronic media. The
Administrator shall update the list at least annually.
‘‘(g) EPA IMPLEMENTATION.—With respect to a
State that has no program for monitoring for and notifica-
tion of exceedances of the applicable water quality stand-
ards for pathogens and pathogen indicators in coastal
recreation waters adjacent to beaches (or other points of
access) open to the public that protects public health and
safety, after the last day of the 3-year period beginning
on the date the Administrator identifies, on a list required
pursuant to subsection (f), discrete areas of coastal recre-
ation waters in the State that are not subject to a moni-
toring and notification program meeting the performance
criteria established under subsection (a), the Adminis-
trator shall conduct, subject to the conditions of sub-
section (b)(2), a monitoring and notification program for
such discrete areas using the funds appropriated for
grants under subsection (b), including salaries, expenses,
and travel.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated for making grants to
States, Indian tribes, and local governments under sub-
section (b), including implementation of monitoring and
notification programs by the Administrator under sub-
section (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 following:
‘‘(21) COASTAL
RECREATION
WATERS.—The
term ‘coastal recreation waters’ means the Great
Lakes and marine coastal waters, including coastal
estuaries, used by the public for swimming, bathing,
surfing, or other similar water contact activities.
‘‘(22) 
FLOATABLE
MATERIALS.—The 
term
‘floatable materials’ means any foreign matter that
may float or remain suspended in the water column
and includes plastic, aluminum cans, wood products,
bottles, and paper products.
‘‘(23) 
PATHOGEN
INDICATORS.—The 
term
‘pathogen indicators’ means substances that indicate
the potential for human infectious disease.’’.
SEC. 6. REPORT TO CONGRESS.
(a) IN GENERAL.—Not later than 4 years after the
date of the enactment of this Act, and within the suc-
ceeding 4-year period and periodically thereafter, the Ad-
ministrator of the Environmental Protection Agency shall
transmit to Congress a report including—
(1) recommendations concerning the need for
additional water quality criteria for pathogens and
other actions needed to improve the quality of coast-
al recreation waters;
(2) an evaluation of Federal, State, and local
efforts 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
specifically authorized to be appropriated such sums as
may be necessary for each of fiscal years 2000 through
2004.
Calendar No. 748
106TH CONGRESS
2D SESSION
H. R. 999
AN ACT
To amend the Federal Water Pollution Control Act
to improve the quality of coastal recreation wa-
ters, and for other purposes.
AUGUST 25, 2000
Reported without amendment