I
105TH CONGRESS
1ST SESSION
H. R. 2094
To amend the Federal Water Pollution Control Act to improve the quality
of coastal recreation waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 1997
Mr. PALLONE (for himself and Mr. BILBRAY) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
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 Assessment, Closure, and Health Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—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) coastal States have different methods of
testing the quality of coastal recreation waters, pro-
viding varying degrees of protection to the public;
(7) the adoption of consistent criteria by coastal
States for monitoring the quality of coastal recre-
ation waters, and the posting of signs at beaches no-
tifying the public during periods when the standards
are exceeded, would enhance public health and safe-
ty; and
(8) while the adoption of such criteria will en-
hance public health and safety, exceedances of such
criteria should be addressed, where feasible, as part
of a watershed approach to effectively identify and
eliminate sources of pollution.
(b) PURPOSE.—The purpose of this Act is to require
uniform criteria and procedures for testing, monitoring,
and posting of coastal recreation waters at beaches open
for use by the public to protect public safety and improve
environmental quality.
SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER
QUALITY CRITERIA BY STATES.
(a) GENERAL RULE.—A State shall adopt water
quality criteria for coastal recreation waters which, at a
minimum, are consistent with the criteria published by the
Administrator under section 304(a)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not
later than 31⁄2 years following the date of the enactment
of this Act. Such water quality criteria shall be developed
and promulgated in accordance with the requirements of
section 303(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1313(c)). A State shall incorporate such cri-
teria into all appropriate programs into which such State
would incorporate other water quality criteria adopted
under such section 303(c) and revise such criteria not
later than 3 years following the date of publication of revi-
sions by the Administrator under section 4(b) of this Act.
(b) FAILURE OF STATES TO ADOPT.—If a State has
not complied with subsection (a) by the last day of the
31⁄2-year period beginning on the date of the enactment
of this Act, the water quality criteria issued by the Admin-
istrator under section 304(a)(1) of the Federal Water Pol-
lution Control Act shall become applicable as the water
quality criteria for coastal recreational waters for the
State, and shall be deemed to have been promulgated by
the Administrator pursuant to section 303(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 Under Secretary of Com-
merce for Oceans and Atmosphere, studies to provide ad-
ditional information to the current base of knowledge for
use in developing—
(1) a more complete list of potential health
risks, including effects to the upper respiratory sys-
tem;
(2) better indicators for directly detecting or
predicting in coastal recreational waters the presence
of pathogens which are harmful to human health;
and
(3) more expeditious methods (including pre-
dictive 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.—Within 18 months after the date
of enactment of this section, the Administrator shall pub-
lish and revise regulations requiring monitoring of, and
specifying available methods to be used by States to mon-
itor, coastal recreation waters at beaches open for use by
the public for compliance with applicable water quality cri-
teria 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 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 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 criteria for those waters; and
‘‘(B) protection of the public safety.
‘‘(b) NOTIFICATION REQUIREMENTS.—Regulations
published pursuant to subsection (a) shall require States
to provide prompt notification to local governments and
the public of exceedance of applicable water quality cri-
teria for State coastal recreation waters or the immediate
likelihood of such an exceedance. Notification pursuant to
this subsection shall include, at a minimum—
‘‘(1) prompt communication of the occurrence,
nature, and extent of such an exceedance, or the im-
mediate likelihood of such an exceedance based on
predictive models to a designated official of a local
government having jurisdiction over land adjoining
the 
coastal 
recreation 
waters 
for 
which 
an
exceedance is identified; and
‘‘(2) posting of signs for the period during
which the exceedance continues, sufficient to give
notice to the public of an exceedance of applicable
water quality criteria for such waters and the poten-
tial risks associated with water contact activities in
such waters.
‘‘(c) FLOATABLE MATERIALS MONITORING PROCE-
DURES.—The Administrator shall—
‘‘(1) issue guidance on uniform assessment and
monitoring procedures for floatable materials in
coastal recreation waters; and
‘‘(2) specify the conditions under which the
presence of floatable material shall constitute a
threat to public health and safety.
‘‘(d) STATE IMPLEMENTATION.—A State must imple-
ment a monitoring program that conforms to the regula-
tions issued pursuant to subsection (a) not later than 31⁄2
years after the date of the enactment of this section and
revise such program not later than 2 years following the
date of publication of revisions by the Administrator under
subsection (f).
‘‘(e) DELEGATION OF RESPONSIBILITY.—Not later
than 18 months after the date of the enactment of this
section, the Administrator shall issue guidance establish-
ing core performance measures for testing, monitoring and
posting programs and the delegation of such programs
under this section to local government authorities. In the
case that such responsibilities are delegated by a State to
a local government authority, or have been delegated to
a local government authority before such date of enact-
ment, in a manner that, at a minimum, is consistent with
the guidance issued by the Administrator, State resources
shall be made available to the delegated authority for the
purpose of program implementation.
‘‘(f) REVIEW AND REVISION OF REGULATIONS.—The
Administrator shall review and revise regulations pub-
lished pursuant to this section periodically, but in no event
less than once every 5 years.
‘‘(g) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COASTAL
RECREATION
WATERS.—The
term ‘coastal recreation waters’ means Great Lakes
and marine coastal waters (including bays) used by
the public for swimming, bathing, surfing, or other
similar water contact activities.
‘‘(2) FLOATABLE MATERIALS.—The term ‘float-
able materials’ means any foreign matter that may
float or remain suspended in the water column and
includes plastic, aluminum cans, wood, bottles, and
paper products.’’.
SEC. 6. REPORT TO CONGRESS.
Not later than 4 years after the date of the enact-
ment of this Act, and periodically thereafter, the Adminis-
trator shall submit to Congress a report including—
(1) recommendations concerning the need for
additional water quality criteria and other actions
needed to improve the quality of coastal recreation
waters; and
(2) an evaluation of State efforts to implement
this Act, including the amendments made by this
Act.
SEC. 7. GRANTS TO STATES.
(a) GRANTS.—Subject to subsection (c), the Adminis-
trator may make grants to States for use in fulfilling re-
quirements established pursuant to section 3 of this Act
and section 406 of the Federal Water Pollution Control
Act.
(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 of this Act
and section 406 of the Federal Water Pollution Control
Act.
(c) ELIGIBLE STATE.—After the last day of the 31⁄2-
year period beginning on the date of the enactment of this
Act, the Administrator may make a grant to a State under
this section only if the State demonstrates to the satisfac-
tion of the Administrator that it is implementing its mon-
itoring and posting program under section 406 of the Fed-
eral Water Pollution Control Act.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) COASTAL RECREATION WATERS.—The term
‘‘coastal recreation waters’’ means Great Lakes and
marine coastal waters (including bays) used by the
public for swimming, bathing, surfing, or other simi-
lar body contact purposes.
(3) FLOATABLE MATERIALS.—The term ‘‘float-
able materials’’ means any foreign 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 $4,500,000 for each of the
fiscal years 1998 through 2002; and
(2) for carrying out the other provisions of this
Act not more than $1,500,000 for each of the fiscal
years 1998 through 2002.
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