I 
113TH CONGRESS 
1ST SESSION H. R. 2601 
To amend the Federal Water Pollution Control Act relating to beach 
monitoring, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2013 
Mr. PALLONE (for himself and Mrs. CAPPS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act relating 
to beach monitoring, 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 ‘‘Beach Act of 2013’’. 
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 
(a) MONITORING PROTOCOLS.—Section 406(a)(1)(A) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1346(a)(1)(A)) is amended by striking ‘‘methods for mon-
itoring’’ and inserting ‘‘protocols for monitoring that are 
most likely to detect pathogenic contamination’’. 
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(b) SOURCE TRACKING.—Section 406(b) of such Act 
(33 U.S.C. 1346(b)) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SOURCE IDENTIFICATION PROGRAMS.—In 
carrying out a monitoring and notification program, 
a State or local government may develop and imple-
ment a coastal recreation waters pollution source 
identification and tracking program for coastal 
recreation waters adjacent to beaches or similar 
points of access that are used by the public and are 
not meeting applicable water quality standards for 
pathogens and pathogen indicators.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
406(i) of such Act (33 U.S.C. 1346(i)) is amended by 
striking ‘‘$30,000,000 for each of fiscal years 2001 
through 2005’’ and inserting ‘‘$40,000,000 for each of fis-
cal years 2014 through 2018’’. 
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESS-
MENT AND COASTAL HEALTH ACT. 
Section 8 of the Beaches Environmental Assessment 
and Coastal Health Act of 2000 (Public Law 106–284) 
is amended by striking ‘‘2005’’ and inserting ‘‘2018’’. 
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SEC. 4. STATE REPORTS. 
Section 406(b)(4)(A)(ii) of the Federal Water Pollu-
tion Control Act (as redesignated by section (2)(b)(1) of 
this Act) is amended by striking ‘‘public’’ and inserting 
‘‘public and all environmental agencies of the State with 
authority to prevent or treat sources of pathogenic con-
tamination in coastal recreation waters’’. 
SEC. 5. USE OF RAPID TESTING METHODS. 
(a) CONTENTS OF STATE AND LOCAL GOVERNMENT 
PROGRAMS.—Section 406(c)(4)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is 
amended by striking ‘‘methods’’ and inserting ‘‘methods, 
including a rapid testing method after the last day of the 
one-year period following the date of validation of that 
rapid testing method by the Administrator,’’. 
(b) REVISED CRITERIA.—Section 304(a)(9)(A) of 
such Act (33 U.S.C. 1314(a)(9)(A)) is amended by strik-
ing ‘‘methods, as appropriate’’ and inserting ‘‘methods, in-
cluding rapid testing methods’’. 
(c) VALIDATION AND USE OF RAPID TESTING METH-
ODS.— 
(1) VALIDATION
OF
RAPID
TESTING
METH-
ODS.—Not later than October 15, 2014, the Admin-
istrator of the Environmental Protection Agency (in 
this Act referred to as the ‘‘Administrator’’) shall 
complete an evaluation and validation of a rapid 
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testing method for the water quality criteria and 
standards for pathogens and pathogen indicators de-
scribed in section 304(a)(9)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)(9)(A)). 
(2) GUIDANCE
FOR
USE
OF
RAPID
TESTING 
METHODS.— 
(A) IN
GENERAL.—Not later than 180 
days after completion of the validation under 
paragraph (1), and after providing notice and 
an opportunity for public comment, the Admin-
istrator shall publish guidance for the use at 
coastal recreation waters adjacent to beaches or 
similar points of access that are used by the 
public of the rapid testing method that will en-
hance the protection of public health and safety 
through rapid public notification of any exceed-
ing of applicable water quality standards for 
pathogens and pathogen indicators. 
(B) PRIORITIZATION.—In developing such 
guidance, the Administrator shall require the 
use of the rapid testing method at those beach-
es or similar points of access that are the most 
used by the public. 
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(d) DEFINITION.—Section 502 of such Act (33 
U.S.C. 1362) is amended by adding at the end the fol-
lowing: 
‘‘(26) RAPID
TESTING
METHOD.—The term 
‘rapid testing method’ means a method of testing 
the water quality of coastal recreation waters for 
which results are available as soon as practicable 
and not more than 6 hours after the commencement 
of the rapid testing method in the laboratory.’’. 
(e) REVISIONS TO RAPID TESTING METHODS.— 
(1) IN GENERAL.—Upon completion of the vali-
dation required under subsection (c)(1), and every 5 
years thereafter, the Administrator shall identify 
and review potential rapid testing methods for exist-
ing water quality criteria for pathogens and patho-
gen indicators for coastal recreation waters. 
(2) REVISIONS TO RAPID TESTING METHODS.— 
If a rapid testing method identified under paragraph 
(1) will make results available in less time and im-
prove the accuracy and reproducibility of results 
when compared to the existing rapid testing method, 
the Administrator shall complete an evaluation and 
validation of the rapid testing method as expedi-
tiously as practicable. 
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(3) REPORTING REQUIREMENT.—Upon comple-
tion of the review required under paragraph (1), the 
Administrator shall publish in the Federal Register 
the results of the review, including information on 
any potential rapid testing method proposed for 
evaluation and validation under paragraph (2). 
(4) DECLARATION OF GOALS FOR RAPID TEST-
ING METHODS.—It is a national goal that by 2019, 
a rapid testing method for testing water quality of 
coastal recreation waters be developed that can 
produce accurate and reproducible results in not 
more than 2 hours after commencement of the rapid 
testing method. 
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL 
AGENCIES. 
Section 406(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1346(c)) is amended— 
(1) in paragraph (5) by striking ‘‘prompt com-
munication’’ and inserting ‘‘communication, within 
24 hours of the receipt of the results of a water 
quality sample,’’; 
(2) by striking paragraph (5)(A) and inserting 
the following: 
‘‘(A) in the case of— 
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‘‘(i) any State in which the Adminis-
trator is administering the program under 
section 402, the Administrator, in such 
form as the Administrator determines to 
be appropriate; and 
‘‘(ii) any State other than a State to 
which clause (i) applies, all agencies of the 
State government with authority to require 
the prevention or treatment of the sources 
of coastal recreation water pollution; and’’; 
(3) by redesignating paragraph (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(4) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) measures for an annual report to the Ad-
ministrator, in such form as the Administrator de-
termines appropriate, on the occurrence, nature, lo-
cation, pollutants involved, and extent of any exceed-
ing of applicable water quality standards for patho-
gens and pathogen indicators;’’. 
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. 
Section 406(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1346(c)) is amended— 
(1) in paragraph (7) (as redesignated by section 
(6)(3) of this Act)— 
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