Home > 106th Congressional Bills > H.R. 99 (eas) [Engrossed Amendment Senate] ...H.R. 99 (eas) [Engrossed Amendment Senate] ...
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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