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H.R. 99 (eas) [Engrossed Amendment Senate] ...


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                                                       Calendar No. 748
106th CONGRESS
  2d Session
                                H. R. 999


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1999

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
            by Mr. Smith of New Hampshire, without amendment

_______________________________________________________________________

                                 AN ACT


 
To amend the Federal Water Pollution Control Act to improve the quality 
         of coastal recreation waters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Awareness, 
Cleanup, and Health Act of 1999''.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND 
              STANDARDS BY STATES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(i) Coastal Recreation Water Quality Criteria and Standards.--
            ``(1) Adoption by states.--
                    ``(A) Initial criteria and standards.--Not later 
                than 3\1/2\ years after the date of the enactment of 
                this subsection, each State having coastal recreation 
                waters shall adopt and submit to the Administrator 
                water quality criteria and standards for such waters 
                for those pathogens and pathogen indicators for which 
                the Administrator has published criteria under section 
                304(a).
                    ``(B) New or revised standards.--Not later than 3 
                years after the date of publication by the 
                Administrator of new or revised water quality criteria 
                under section 304(a)(9), each State having coastal 
                recreation waters shall adopt and submit to the 
                Administrator new or revised water quality standards 
                for such waters for all pathogens and pathogen 
                indicators for which the Administrator publishes new or 
                revised water quality criteria.
            ``(2) Failure of states to adopt.--If a State has not 
        adopted water quality criteria referred to in paragraph (1)(A) 
        that are as protective of human health as the criteria for 
        pathogens and pathogen indicators for coastal recreation waters 
        that the Administrator has published under section 304(a)(9), 
        the Administrator shall promptly prepare and publish proposed 
        regulations for the State setting forth revised or new water 
        quality standards for coastal recreation waters for the 
        pathogens and pathogen indicators subject to paragraph (1)(A). 
        If the Administrator prepares and publishes such regulations 
        under subsection (c)(4)(B) before the date specified in 
        paragraph (1)(A), the Administrator shall promulgate any 
        revised or new standard under this paragraph not later than the 
        date specified in paragraph (1)(A).
            ``(3) Savings clause.--Except as expressly provided by this 
        subsection, the requirements and procedures of subsection (c) 
        apply to this subsection.''.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

    (a) Studies.--Section 104 of the Federal Water Pollution Control 
Act (33 U.S.C. 1254) is amended by adding at the end the following:
    ``(v) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Not later than 3 years after the date of the enactment of this 
subsection, and after consultation and collaboration with appropriate 
Federal, State, and local officials (including local health officials) 
and other interested persons, the Administrator shall conduct, in 
cooperation with the heads of other Federal agencies, studies to 
provide additional information for use in developing--
            ``(1) a more complete determination of potential human 
        health risks resulting from exposure to pathogens in coastal 
        recreation waters, including effects to the upper respiratory 
        system;
            ``(2) appropriate and effective indicators for improving 
        detection in a timely manner in coastal recreation waters of 
        the presence of pathogens that are harmful to human health;
            ``(3) appropriate, accurate, expeditious, and cost-
        effective methods (including predictive models) for detecting 
        in a timely manner in coastal recreation waters the presence of 
        pathogens that are harmful to human health; and
            ``(4) guidance for State application of the criteria for 
        pathogens and pathogen indicators to be issued under section 
        304(a)(9) to account for the diversity of geographic and 
        aquatic conditions.''.
    (b) Revised Criteria.--Section 304(a) of such Act (33 U.S.C. 
1314(a)) is amended by adding at the end the following:
            ``(9) Revised criteria for coastal recreation waters.--
                    ``(A) In general.--Not later than 4 years after the 
                date of the enactment of this paragraph, and after 
                consultation and collaboration with appropriate 
                Federal, State, and local officials (including local 
                health officials), the Administrator shall issue new or 
                revised water quality criteria for pathogens and 
                pathogen indicators (including a revised list of 
                testing methods, as appropriate) based on the results 
                of the studies conducted under section 104(v) for the 
                purpose of protecting human health in coastal 
                recreation waters.
                    ``(B) Reviews.--At least once every 5 years after 
                the date of issuance of water quality criteria under 
                this paragraph, the Administrator shall review and, as 
                necessary, revise the water quality criteria.''.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 
1341-1345) is amended by adding at the end the following:

``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
              NOTIFICATION.

    ``(a) Monitoring and Notification.--Not later than 18 months after 
the date of the enactment of this section, after consultation and 
collaboration with appropriate Federal, State, tribal, and local 
officials (including local health officials), and after providing 
public notice and an opportunity for comment, the Administrator shall 
publish performance criteria for--
            ``(1) monitoring (including specifying available methods 
        for monitoring) coastal recreation waters adjacent to beaches 
        (or other points of access) that are open to the public for 
        attainment of applicable water quality standards for pathogens 
        and pathogen indicators and for protection of public safety 
        from floatable materials; and
            ``(2) promptly notifying the public, local governments, and 
        the Administrator of any exceedance of applicable water quality 
        standards for coastal recreation waters described in paragraph 
        (1) (or the immediate likelihood of such an exceedance).
The performance criteria shall provide for the activities described in 
paragraphs (1) and (2) to be carried out as necessary for the 
protection of public health and safety.
    ``(b) Program Development and Implementation Grants.--
            ``(1) In general.--The Administrator is authorized to make 
        grants to States, Indian tribes, and local governments for the 
        purpose of developing and implementing programs for monitoring 
        and notification, as provided in paragraphs (2) and (3).
            ``(2) State and Tribal programs.--
                    ``(A) In general.--The Administrator is authorized 
                to make grants to a State or Indian tribe for 
                developing and implementing a program for monitoring 
                and notification to protect public health and safety 
                that meets the performance criteria established under 
                subsection (a) for coastal recreation waters adjacent 
                to beaches (or other points of access) that are open to 
                the public and are subject to the jurisdiction of the 
                State or Indian tribe.
                    ``(B) Requirements.--The Administrator is 
                authorized to make grants for implementation of a 
                program of a State or Indian tribe under subparagraph 
                (A) only if the Administrator determines that--
                            ``(i) the program has been developed 
                        through a process that provides for public 
                        notice and an opportunity for comment;
                            ``(ii) the program meets the performance 
                        criteria under subsection (a), based on a 
                        review of the program, including information 
                        provided by the State or Indian tribe under 
                        clause (iii); and
                            ``(iii) the program--
                                    ``(I) identifies coastal recreation 
                                waters within the jurisdiction of the 
                                State or Indian tribe;
                                    ``(II) identifies those coastal 
                                recreation waters adjacent to beaches 
                                (or other points of access) that are 
                                open to the public and subject to the 
                                jurisdiction of the State or Indian 
                                tribe and that are covered by the 
                                program;
                                    ``(III) identifies those coastal 
                                recreation waters covered by the 
                                program that would be given a priority 
                                for monitoring and notification if 
                                fiscal constraints prevent compliance 
                                at all coastal recreation waters 
                                covered by the program with the 
                                performance criteria established under 
                                subsection (a);
                                    ``(IV) identifies the process for 
                                making any delegation of responsibility 
                                for implementing the program to local 
                                governments, the local governments, if 
                                any, to which the State has delegated 
                                or intends to delegate such 
                                responsibility, and the coastal 
                                recreation waters covered by the 
                                program that are or would be the 
                                subject of such delegation;
                                    ``(V) specifies the frequency of 
                                monitoring based on the periods of 
                                recreational use of such waters and the 
                                nature and extent of use during such 
                                periods;
                                    ``(VI) specifies the frequency and 
                                location of monitoring based on the 
                                proximity of such waters to known point 
                                and nonpoint sources of pollution and 
                                in relation to storm events;
                                    ``(VII) specifies which methods 
                                will be used for detecting levels of 
                                pathogens and pathogen indicators that 
                                are harmful to human health and for 
                                identifying short-term increases in 
                                pathogens and pathogen indicators that 
                                are harmful to human health in coastal 
                                recreation waters, including in 
                                relation to storm events;
                                    ``(VIII) specifies measures for 
                                prompt communication of the occurrence, 
                                nature, location, pollutants involved, 
                                and extent of such an exceedance (or 
                                the immediate likelihood of such an 
                                exceedance) to the Administrator and a 
                                designated official of a local 
                                government having jurisdiction over 
                                land adjoining the coastal recreation 
                                waters covered by the State or tribal 
                                program for which an exceedance is 
                                identified; and
                                    ``(IX) specifies measures for 
                                posting of signs at the beach (or other 
                                point of access), or functionally 
                                equivalent communication measures, 
                                sufficient to give notice to the public 
                                of an exceedance (or the immediate 
                                likelihood of an exceedance) of 
                                applicable water quality criteria for 
                                pathogens and pathogen indicators for 
                                such waters and the potential risks 
                                associated with water contact 
                                activities in such waters.
            ``(3) Local programs.--
                    ``(A) In general.--The Administrator is authorized 
                to make a grant to a local government for developing 
                and implementing a program for monitoring and 
                notification to protect public health and safety that 
                meets the performance criteria established under 
                subsection (a) for coastal recreation waters adjacent 
                to beaches (or other points of access) that are open to 
                the public and subject to the jurisdiction of the local 
                government.
                    ``(B) Requirements.--The Administrator is 
                authorized to make grants for implementation of a local 
                government program under subparagraph (A) only if the 
                Administrator determines that--
                            ``(i) the State in which the local 
                        government is located did not submit a grant 
                        application meeting the requirements of 
                        paragraph (2)(B) within one year following the 
                        date of publication of performance criteria 
                        under subsection (a);
                            ``(ii) the local government program has 
                        been developed through a process that provides 
                        for public notice and an opportunity for 
                        comment;
                            ``(iii) the local government program meets 
                        the performance criteria under subsection (a), 
                        based on a review of the local government 
                        program, including information provided by the 
                        local government under paragraph (2)(B)(iii); 
                        and
                            ``(iv) the local government program 
                        addresses the matters identified in paragraph 
                        (2)(B)(iii) with respect to such waters.
            ``(4) List of waters.--Following receipt of a grant under 
        this subsection, a State, Indian tribe, or local government 
        shall apply the prioritization established by the State, Indian 
        tribe, or local government under paragraph (2)(B)(iii)(III) and 
        promptly submit to the Administrator--
                    ``(A) a list of discrete areas of coastal 
                recreation waters that are subject to the program for 
                monitoring and notification for which the grant is 
                provided where the performance criteria under 

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