I 
112TH CONGRESS 
1ST SESSION H. R. 3690 
To amend the Federal Water Pollution Control Act relating to beach 
monitoring, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2011 
Mr. PALLONE 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 ‘‘Clean Coastal Environ-
ment and Public Health Act of 2011’’. 
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-
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itoring’’ and inserting ‘‘protocols for monitoring that are 
most likely to detect pathogenic contamination’’. 
(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 2012 through 2016’’. 
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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 ‘‘2016’’. 
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.— 
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(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 
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 
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use of the rapid testing method at those beach-
es or similar points of access that are the most 
used by the public. 
(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 
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validation of the rapid testing method as expedi-
tiously as practicable. 
(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: 
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‘‘(A) in the case of— 
‘‘(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— 
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(1) in paragraph (7) (as redesignated by section 
(6)(3) of this Act)— 
(A) by striking ‘‘the posting’’ and inserting 
‘‘the immediate posting’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) by striking the period at the end of para-
graph (8) (as redesignated by section 6(3) of this 
Act) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(9) the availability of a geographic information 
system database that such State or local government 
program shall use to inform the public about coastal 
recreation waters and that— 
‘‘(A) is publicly accessible and searchable 
on the Internet; 
‘‘(B) is organized by beach or similar point 
of access; 
‘‘(C) identifies applicable water quality 
standards, monitoring protocols, sampling plans 
and results, and the number and cause of coast-
al recreation water closures and advisory days; 
and 
‘‘(D) is updated within 24 hours of the 
availability of revised information; and 
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‘‘(10) measures to ensure that closures or 
advisories are made or issued within 2 hours after 
the receipt of the results of a water quality sample 
that exceeds applicable water quality standards for 
pathogens and pathogen indicators.’’. 
SEC. 8. COMPLIANCE REVIEW. 
Section 406(h) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1346(h)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by moving such subparagraphs 2 ems to the 
right; 
(3) by striking ‘‘In the’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In the’’; and 
(4) by adding at the end the following: 
‘‘(2) COMPLIANCE REVIEW.—On or before July 
31 of each calendar year beginning after the date of 
enactment of this paragraph, the Administrator 
shall— 
‘‘(A) prepare a written assessment of com-
pliance with all statutory and regulatory re-
quirements of this section for each State and 
local government and of compliance with condi-
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tions of each grant made under this section to 
a State or local government; 
‘‘(B) notify the State or local government 
of such assessment; and 
‘‘(C) make each of the assessments avail-
able to the public in a searchable database on 
the Internet on or before December 31 of such 
calendar year. 
‘‘(3) CORRECTIVE ACTION.—If a State or local 
government that the Administrator notifies under 
paragraph (2) is not in compliance with any require-
ment or grant condition described in paragraph (2) 
fails to take such action as may be necessary to 
comply with such requirement or condition within 
one year after the date of notification, any grants 
made under subsection (b) to the State or local gov-
ernment, after the last day of such one-year period 
and while the State or local government is not in 
compliance with all requirements and grant condi-
tions described in paragraph (2), shall have a Fed-
eral share of not to exceed 50 percent. 
‘‘(4) GAO REVIEW.—Not later than December 
31 of the third calendar year beginning after the 
date of enactment of this paragraph, the Comp-
troller General shall conduct a review of the activi-
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ties of the Administrator under paragraphs (2) and 
(3) during the first and second calendar years begin-
ning after such date of enactment and submit to 
Congress a report on the results of such review.’’. 
SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS 
PATHOGEN LIST. 
Section 304(a)(9) of the Federal Water Pollution 
Control Act (33 U.S.C. 1314(a)(9)) is amended by adding 
at the end the following: 
‘‘(C) PUBLICATION
OF
PATHOGEN
AND 
PATHOGEN INDICATOR LIST.—Upon publication 
of the new or revised water quality criteria 
under subparagraph (A), the Administrator 
shall publish in the Federal Register a list of all 
pathogens and pathogen indicators studied 
under section 104(v).’’. 
SEC. 10. ADOPTION OF NEW OR REVISED CRITERIA AND 
STANDARDS. 
Section 303(i)(2)(A) of the Federal Water Pollution 
Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by 
striking ‘‘paragraph (1)(A)’’ each place it appears and in-
serting ‘‘paragraph (1)’’. 
SEC. 11. NATIONAL LIST OF BEACHES. 
Section 406(g)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1346(g)(3)) is amended by strik-
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ing ‘‘The Administrator’’ and all that follows through the 
period and inserting ‘‘Within 12 months after the date of 
the enactment of the Clean Coastal Environment and Pub-
lic Health Act of 2011, and biennially thereafter, the Ad-
ministrator shall update the list described in paragraph 
(1).’’. 
SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC 
CONTAMINATION OF COASTAL RECREATION 
WATERS. 
(a) STUDY.—The Administrator shall conduct a 
study on the long–term impact of climate change on path-
ogenic contamination of coastal recreation waters. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Adminis-
trator shall submit to Congress a report on the re-
sults of the study conducted under subsection (a). 
(2) INFORMATION ON POTENTIAL CONTAMINA-
TION IMPACTS.—The report shall include informa-
tion on the potential impacts of pathogenic contami-
nation on ground and surface water resources as 
well as public and ecosystem health in coastal com-
munities. 
(3) FEDERAL ACTIONS.—The report shall high-
light necessary Federal actions to help advance the 
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availability of information and tools to assess and 
mitigate these effects in order to protect public and 
ecosystem health. 
(4) CONSULTATION.—In developing the report, 
the Administrator shall work in consultation with 
agencies active in the development of the National 
Water Quality Monitoring Network and the imple-
mentation of the Ocean Research Priorities Plan and 
Implementation Strategy. 
SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL 
RECREATION WATERS. 
(a) STUDY.—The Administrator shall conduct a 
study to review the available scientific information per-
taining to the impacts of excess nutrients on coastal recre-
ation waters. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Adminis-
trator shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate a report on the results of 
the study conducted under subsection (a). 
(2) IMPACTS.—Such report shall include infor-
mation on any adverse impacts of excess nutrients 
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on coastal recreation waters, including adverse im-
pacts caused by algal blooms resulting from excess 
nutrients. 
(3) RECOMMENDATIONS.—Such report shall in-
clude recommendations for action to address adverse 
impacts of excess nutrients and algal blooms on 
coastal recreation waters, including the establish-
ment and implementation of numeric water quality 
criteria for nutrients. 
(4) CONSULTATION.—In developing such re-
port, the Administrator shall consult with the heads 
of other appropriate Federal agencies (including the 
National Oceanic and Atmospheric Administration), 
States, and local government entities. 
Æ 
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