Home > 106th Congressional Bills > H.R. 999 (rs) To amend the Federal Water Pollution Control Act to improve the quality of coastal recreation waters, and for other purposes. [Reported in Senate] ...H.R. 999 (rs) To amend the Federal Water Pollution Control Act to improve the quality of coastal recreation waters, and for other purposes. [Reported in Senate] ...
Union Calendar No. 55
106th CONGRESS
1st Session
H. R. 999
[Report No. 106-98]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to improve the quality
of coastal recreation waters, and for other purposes.
_______________________________________________________________________
April 19, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 55
106th CONGRESS
1st Session
H. R. 999
[Report No. 106-98]
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
March 4, 1999
Mr. Bilbray (for himself, Mr. Farr of California, Mr. Gilchrest, Mrs.
Capps, Mr. Kuykendall, and Mr. Saxton) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
April 19, 1999
Additional sponsors: Mrs. Kelly, Mr. Horn, Mrs. Jones of Ohio, Mr.
Shaw, and Mr. LoBiondo
April 19, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
4, 1999]
_______________________________________________________________________
A BILL
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 Assessment,
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 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
complied with paragraph (1)(A) by the date specified in
paragraph (1)(A), 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 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 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 enactment of this section, after consultation and
collaboration with appropriate Federal, State, 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 shall make grants to
States and local governments for the purpose of developing and
implementing programs for monitoring and notification, as
provided in paragraphs (2) and (3).
``(2) State programs.--
``(A) In general.--The Administrator shall make
grants to a State 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.
``(B) Requirements.--The Administrator shall make
grants for implementation of a program of a State 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 under clause (iii); and
``(iii) the program--
``(I) identifies coastal recreation
waters within the jurisdiction of the
State;
``(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 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 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 shall 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 shall make
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