I
104TH CONGRESS
2D SESSION
H. R. 3789
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
JULY 11, 1996
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 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 1996’’.
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) 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, but in no event less than
once every 5 years) water quality criteria for patho-
gens 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 other water
quality 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 water
quality criteria issued by the Administrator under
such section shall become applicable as the water
quality standards for coastal recreational waters for
the State. The State shall use the standards issued
by the Administrator in implementing all programs
for which water quality standards for coastal recre-
ation 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 levels of
pathogens and for identifying 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
of applicable water quality standards for State coastal
recreation waters. Notification pursuant to this subsection
shall include, at a minimum—
‘‘(1) prompt communication of the occurrence,
nature, and extent of such a violation, to a des-
ignated official of a local government having juris-
diction over land adjoining the coastal recreation wa-
ters for which a violation is identified; and
‘‘(2) posting of signs, for the period during
which the violation continues, sufficient to give no-
tice to the public of a violation of an applicable
water quality standard for such waters and the po-
tential risks associated with body contact recreation
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) DELEGATION
OF RESPONSIBILITY.—A State
may delegate responsibility for monitoring and posting of
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, but in no event
less than once every 5 years.
‘‘(f) DEFINITIONS.—For the purposes of this section,
the following definitions apply:
‘‘(1) COASTAL
RECREATION
WATERS.—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.
‘‘(2) FLOATABLE MATERIALS.—The term ‘float-
able 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. STUDIES TO IDENTIFY INDICATORS OF HUMAN-SPE-
CIFIC PATHOGENS IN COASTAL RECREATION
WATERS.
(a) STUDIES.—The Administrator, in cooperation
with the Under Secretary of Commerce for Oceans and
Atmosphere, shall conduct studies to provide additional in-
formation to the current base of knowledge for use for
developing better indicators for directly detecting in coast-
al recreation waters the presence of bacteria and viruses
which are harmful to human health.