a watershed approach to effectively identify and
eliminate sources of pollution).
(b) PURPOSE.—The purpose of this Act is to estab-
lish uniform criteria for testing, monitoring, and notifying
public users of coastal recreation waters to protect public
safety and improve environmental quality.
SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER
QUALITY CRITERIA 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) ADOPTION OF COASTAL RECREATIONAL WATER
QUALITY CRITERIA BY STATES.—
‘‘(1) GENERAL
RULE.—A State shall adopt
water quality criteria for coastal recreation waters
which, at a minimum, are consistent with the cri-
teria published by the Administrator under section
304(a)(1) not later than 31⁄2 years following the
date of the enactment of this subsection. Such water
quality criteria shall be developed and promulgated
in accordance with the requirements of subsection
(c). A State shall incorporate such criteria into all
appropriate programs into which such State would
incorporate other water quality criteria adopted
under such section and revise such criteria not later
than 3 years following the date of publication of re-
visions by the Administrator under section 4(b) of
the Beaches Environmental Assessment, Cleanup,
and Health Act of 1999.
‘‘(2) FAILURE
OF
STATES
TO
ADOPT.—If a
State has not complied with paragraph (1) by the
last day of the 31⁄2-year period beginning on the
date of enactment of this subsection, the Adminis-
trator shall promptly prepare and publish proposed
regulations setting forth revised or new water qual-
ity standards for such State to incorporate water
quality criteria for coastal recreation waters pursu-
ant to subsection (c)(4).’’.
SEC. 4. 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 heads of other Federal agen-
cies, studies to provide additional information to the cur-
rent base of knowledge for use in developing—
(1) a more complete list of potential human
health risks, including effects to the upper res-
piratory system;
(2) appropriate and effective indicators for im-
proving detection in coastal recreational waters of
the presence of pathogens which are harmful to
human health; and
(3) appropriate, accurate, expeditious, and cost-
effective methods (including predictive models) for
detecting in coastal recreation waters the presence of
pathogens which are harmful to human health.
(b) REVISED CRITERIA.—Based on the results of the
studies conducted under subsection (a), the Administrator,
after consultation with appropriate Federal, State, and
local officials, including local health officials, shall issue,
within 5 years after the date of the enactment of this Act
(and review and revise from time to time thereafter, but
in no event less than once every 5 years) 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.
SEC. 5. COASTAL BEACH WATER QUALITY MONITORING.
Title IV of the Federal Water Pollution Control Act
(33 U.S.C. 1341–1345) is amended by adding at the end
thereof the following new section:
‘‘SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.
‘‘(a) MONITORING.—Not later than 18 months after
the date of enactment of this section and after consulta-
tion with appropriate Federal, State, and local officials,
including local health officials, and after providing notice
and an opportunity for comment, the Administrator shall
publish performance criteria for the monitoring of, and
specifying available methods to be used to monitor, coastal
recreation waters open for use by the public for compliance
with applicable water quality criteria for those waters and
protection of public safety. Such performance criteria
shall, at a minimum—
‘‘(1) specify the frequency of monitoring based
on the periods of recreational use of such waters;
‘‘(2) specify the frequency of monitoring based
on the extent and degree of use during such periods;
‘‘(3) specify the frequency and location of mon-
itoring based on the proximity of coastal recreation
waters to known or identified point and nonpoint
sources of pollution and in relation to storm events;
‘‘(4) specify methods for detecting levels of
pathogens that are harmful to human health and for
identifying short-term increases in pathogens that
are harmful to human health in coastal recreation
waters, including in relation to storm events; and
‘‘(5) specify the conditions and procedures
under which monitoring of discrete areas of coastal
recreation waters is not necessary to ensure compli-
ance with applicable water quality criteria for those
waters or for the protection of public safety.
‘‘(b) NOTIFICATION REQUIREMENTS.—Performance
criteria published pursuant to subsection (a) shall include,
at a minimum—
‘‘(1) criteria for prompt notification to the pub-
lic, local governments, and the Administrator of an
exceedance of applicable water quality standards for
coastal recreation waters or the immediate likelihood
of such an exceedance;
‘‘(2) measures for prompt communication of the
occurrence, nature, location, pollutants involved, and
extent of such an exceedance, or the immediate like-
lihood of such an exceedance to the Administrator
and a designated official of a local government hav-
ing jurisdiction over land adjoining the coastal recre-
ation waters for which an exceedance is identified;
and
‘‘(3) measures for posting of signs for the pe-
riod during which the exceedance continues, suffi-
cient to give notice to the public of an exceedance
of applicable water quality criteria for such waters
and the potential risks associated with water contact
activities in such waters.
‘‘(c) INFORMATION DATABASE.—The Administrator
shall establish, maintain, and make available to the public
by electronic and other means a national coastal rec-
reational water pollution occurrence database that pro-
vides information on exceedances of applicable water qual-
ity standards for coastal recreation waters using informa-
tion reported under subsection (b) or made available to
the Administrator from other coastal water quality mon-
itoring programs determined to be reliable by the Adminis-
trator.
‘‘(d) FLOATABLE MATERIALS MONITORING PROCE-
DURES.—The Administrator shall provide technical assist-
ance to the States for development of assessment and
monitoring procedures for floatable materials in coastal
recreation waters and the conditions under which the pres-
ence of floatable materials will constitute a threat to public
health and safety.
‘‘(e) IMPLEMENTATION GRANTS.—
‘‘(1) AUTHORITY.—Following the publication of
criteria for monitoring and notification under sub-
section (a), the Administrator shall make grants to
States or local governments for the purpose of im-
plementing programs for monitoring and notification
that are approved under paragraph (2).
‘‘(2) PROGRAM APPROVAL.—