I
103D CONGRESS
1ST SESSION
H. R. 31
To amend the Federal Water Pollution Control Act and the Coastal Zone
Management Act of 1972 to improve the quality of coastal recreation
waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. HUGHES (for himself, Mr. SAXTON, Mr. GALLO, Mr. PAYNE of New Jer-
sey, Mr. PALLONE, Mrs. ROUKEMA, AND Mr. HOCHBRUECKNER) intro-
duced the following bill; which was referred jointly to the Committees on
Public Works and Transportation, and Merchant Marine and Fisheries
A BILL
To amend the Federal Water Pollution Control Act and
the Coastal Zone Management Act of 1972 to improve
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 Assessment, Closure, and Health Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the Nation’s beaches are a valuable public
resource used for recreation by millions of people an-
nually;
(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 has contributed to the
decline in the environmental quality of coastal wa-
ters;
(5) pollution in coastal waters is not restricted
by State and other political boundaries;
(6) each coastal State has its own method of
testing the quality of its coastal recreation waters,
providing varying degrees of protection to the public;
and
(7) the adoption of standards by coastal States
for monitoring the quality of coastal recreation wa-
ters, and the posting of signs at beaches notifying
the public during periods when the standards are ex-
ceeded, would enhance public health and safety.
(b) PURPOSE.—The purpose of this Act is to require
uniform procedures for beach testing and monitoring to
protect public safety and improve the environmental qual-
ity of coastal recreation waters.
SEC. 3. WATER QUALITY CRITERIA AND STANDARDS.
(a) ISSUANCE OF CRITERIA.—Section 304(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a))
is amended by adding at the end the following:
‘‘(9) COASTAL RECREATION WATERS.—(A) The
Administrator, after consultation with appropriate
Federal and State agencies and other interested per-
sons, shall issue within 18 months after the effective
date of this paragraph (and review and revise from
time to time thereafter) water quality criteria for
pathogens in coastal recreation waters. Such criteria
shall—
‘‘(i) be based on the best available sci-
entific information;
‘‘(ii) be sufficient to protect public health
and safety in case of any reasonably anticipated
exposure to pollutants as a result of swimming,
bathing, or other body contact activities; and
‘‘(iii) include specific numeric criteria cal-
culated to reflect public health risks from short-
term increases in pathogens in coastal recre-
ation waters resulting from rainfall, malfunc-
tions of wastewater treatment works, and other
causes.
‘‘(B) For purposes of this paragraph, the term
‘coastal recreation waters’ means Great Lakes and
marine coastal waters commonly used by the public
for swimming, bathing, or other similar primary con-
tact purposes.’’.
(b) STANDARDS.—
(1) ADOPTION BY STATES.—A State shall adopt
water quality standards for coastal recreation waters
which, at a minimum, are consistent with the cri-
teria published by the Administrator under section
304(a)(9) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(9)), as amended by this Act,
not later than 3 years following the date of such
publication. Such water quality standards shall be
developed in accordance with the requirements of
section 303(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1313(c)). A State shall incor-
porate such standards into all appropriate programs
into which such State would incorporate water qual-
ity standards adopted under section 303(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1313(c)).
(2) FAILURE OF STATES TO ADOPT.—If a State
has not complied with paragraph (1) by the last day
of the 3-year period beginning on the date of publi-
cation of criteria under section 304(a)(9) of the
Federal Water Pollution Control Act (33 U.S.C.
1314(a)(9)), as amended by this Act, the Adminis-
trator shall promulgate water quality standards for
coastal recreation waters for the State under appli-
cable provisions of section 303 of the Federal Water
Pollution Control Act (33 U.S.C. 1313). The water
quality standards for coastal recreation waters shall
be consistent with the criteria published by the Ad-
ministrator under section 304(a)(9) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)(9)),
as amended by this Act. The State shall use the
standards issued by the Administrator in implement-
ing all programs for which water quality standards
for coastal recreation waters are used.
SEC. 4. 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 9 months after
the date on which the Administrator publishes revised
water quality criteria for coastal recreation waters under
section 304(a)(9), the Administrator shall publish regula-
tions specifying methods to be used by States to monitor
coastal recreation waters, during periods of use by the
public, for compliance with applicable water quality stand-
ards for those waters and protection of the public safety.
Monitoring requirements established pursuant to this sub-
section 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 of monitoring based
on the proximity of coastal recreation waters to pol-
lution sources;
‘‘(4) specify methods for detecting short-term
increases in pathogens in coastal recreation waters;
and
‘‘(5) specify the conditions and procedures
under which discrete areas of coastal recreation wa-
ters may be exempted by the Administrator from the
monitoring requirements of this subsection, if the
Administrator determines that an exemption will not
impair—
‘‘(A) compliance with the applicable water
quality standards for those waters; and
‘‘(B) protection of the public safety.
‘‘(b) NOTIFICATION REQUIREMENTS.—Regulations
published pursuant to subsection (a) shall require States
to notify local governments and the public of violations
coastal recreation waters pursuant to this section to local
government authorities.
‘‘(e) REVIEW AND REVISION OF REGULATIONS.—The
Administrator shall review and revise regulations pub-
lished pursuant to this section periodically.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘coastal recreation waters’ means
Great Lakes and marine coastal waters commonly
used by the public for swimming, bathing, or other
similar body contact purposes; and
‘‘(2) the term ‘floatable materials’ means any
matter that may float or remain suspended in the
water column and includes plastic, aluminum cans,
wood, bottles, and paper products.’’.
SEC. 5. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPE-
CIFIC PATHOGENS IN COASTAL RECREATION
WATERS.
(a) STUDY.—The Administrator, in cooperation with
the Under Secretary of Commerce for Oceans and Atmos-
phere, shall conduct an ongoing study to provide addi-
tional information to the current base of knowledge for
use for developing better indicators for directly detecting
in coastal recreation waters the presence of bacteria and
viruses which are harmful to human health.
(b) REPORT.—Not later than 4 years after the date
of the enactment of this Act, and periodically thereafter,
the Administrator shall submit to the Congress a report
describing the findings of the study under this section, in-
cluding—
(1) recommendations concerning the need for
additional numerical limits or conditions and other
actions needed to improve the quality of coastal
recreation waters;
(2) a description of the amounts and types of
floatable materials in coastal waters and on coastal
beaches and of recent trends in the amounts and
types of such floatable materials; and
(3) an evaluation of State efforts to implement
this Act, including the amendments made by this
Act.
SEC. 6. PARTICIPATION OF STATE COASTAL ZONE MANAGE-
MENT PROGRAMS.
(a) TECHNICAL ASSISTANCE.—Each coastal zone
management agency of a State with an approved coastal
zone management program under section 306 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455)
shall provide technical assistance to local governments
within the State for ensuring that coastal recreation wa-
ters and beaches are as free as possible from floatable ma-
terials.
(b) CLEAN-UP OF COASTAL RECREATION WATERS
AND BEACHES.—Section 306A of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1455a) is amended—
(1) by adding at the end of subsection (b) the
following:
‘‘(4) Reduction of floatable materials in the
State’s coastal recreation waters by—
‘‘(A) managing adjacent land uses so that
floatable materials are not introduced into those
waters;
‘‘(B) encouraging public participation in
reducing the amount of floatable materials that
enter coastal recreation waters; and
‘‘(C) sponsoring clean-up events at public
beaches.’’;
(2) in subsection (c)(2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of
subparagraph (E) and inserting ‘‘; and’’; and
(C) by inserting after subparagraph (E)
the following:
‘‘(F) the acquisition of beach and coastal
recreation water clean-up equipment.’’; and
(3) by adding at the end the following:
‘‘(g) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘coastal recreation waters’ means
Great Lakes and marine coastal waters commonly
used by the public for swimming, bathing, or other
similar body contact purposes; and
‘‘(2) the term ‘floatable materials’ means any
matter that may float or remain suspended in the
water column and includes plastic, aluminum cans,
wood, bottles, and paper products.’’.
SEC. 7. GRANTS TO STATES.
(a) GRANTS.—The Administrator may make grants
to States for use in fulfilling requirements established pur-
suant to section 3 and 4.
(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 section 3 and 4.
SEC. 8. DEFINITIONS.
In this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency;
(2) the term ‘‘coastal recreation waters’’ means
Great Lakes and marine coastal waters commonly
used by the public for swimming, bathing, or other
similar body contact purposes; and
(3) the term ‘‘floatable materials’’ means any
matter that may float or remain suspended in the
water column and includes plastic, aluminum cans,
wood, bottles, and paper products.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Admin-
istrator—
(1) for use in making grants to States under
section 7 not more than $3,000,000 for each of the
fiscal years 1994 and 1995; and
(2) for carrying out the other provisions of this
Act not more than $1,000,000 for each of the fiscal
years 1994 and 1995.
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