Home > 106th Congressional Bills > S. 522 (is) To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water, and for other purposes. [Introduced in Senate] ...S. 522 (is) To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water, and for other purposes. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 522
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act to improve the quality
of beaches and coastal recreation water, 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 and
Coastal Health Act of 2000''.
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.--
``(1) Adoption by states.--
``(A) Initial criteria and standards.--Not later
than 42 months 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 the coastal
recreation waters of the State for those pathogens and
pathogen indicators for which the Administrator has
published criteria under section 304(a).
``(B) New or revised criteria and standards.--Not
later than 36 months 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 the coastal recreation waters of the State for all
pathogens and pathogen indicators to which the new or
revised water quality criteria are applicable.
``(2) Failure of states to adopt.--
``(A) In general.--If a State fails to adopt water
quality criteria and standards in accordance with
paragraph (1)(A) that are as protective of human health
as the criteria for pathogens and pathogen indicators
for coastal recreation waters published by the
Administrator, the Administrator shall promptly propose
regulations for the State setting forth revised or new
water quality standards for pathogens and pathogen
indicators described in paragraph (1)(A) for coastal
recreation waters of the State.
``(B) Exception.--If the Administrator proposes
regulations for a State described in subparagraph (A)
under subsection (c)(4)(B), the Administrator shall
publish any revised or new standard under this
subsection not later than 42 months after the date of
enactment of this subsection.
``(3) Applicability.--Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection, including the requirement in
subsection (c)(2)(A) that the criteria protect public health
and welfare.''.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies Concerning Pathogen Indicators in Coastal Recreation
Waters.--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 18 months after the date of enactment of this
subsection, after consultation and in cooperation with appropriate
Federal, State, tribal, and local officials (including local health
officials), the Administrator shall initiate, and, not later than 3
years after the date of enactment of this subsection, shall complete,
in cooperation with the heads of other Federal agencies, studies to
provide additional information for use in developing--
``(1) an assessment of potential human health risks
resulting from exposure to pathogens in coastal recreation
waters, including nongastrointestinal effects;
``(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 published under section
304(a)(9) to account for the diversity of geographic and
aquatic conditions.''.
(b) Revised 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) Revised criteria for coastal recreation waters.--
``(A) In general.--Not later than 5 years after the
date of enactment of this paragraph, after consultation
and in cooperation with appropriate Federal, State,
tribal, and local officials (including local health
officials), the Administrator shall publish 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.--Not later than the date that is 5
years after the date of publication of water quality
criteria under this paragraph, and at least once every
5 years thereafter, 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
et seq.) is amended by adding at the end the following:
``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
``(a) Monitoring and Notification.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, after consultation and in
cooperation 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--
``(A) monitoring and assessment (including
specifying available methods for monitoring) of coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public for attainment of
applicable water quality standards for pathogens and
pathogen indicators; and
``(B) the prompt notification of the public, local
governments, and the Administrator of any exceeding of
or likelihood of exceeding applicable water quality
standards for coastal recreation waters described in
subparagraph (A).
``(2) Level of protection.--The performance criteria
referred to in paragraph (1) shall provide that the activities
described in subparagraphs (A) and (B) of that paragraph shall
be carried out as necessary for the protection of public health
and safety.
``(b) Program Development and Implementation Grants.--
``(1) In general.--The Administrator may make grants to
States and local governments to develop and implement programs
for monitoring and notification for coastal recreation waters
adjacent to beaches or similar points of access that are used
by the public.
``(2) Limitations.--
``(A) In general.--The Administrator may award a
grant to a State or a local government to implement a
monitoring and notification program if--
``(i) the program is consistent with the
performance criteria published by the
Administrator under subsection (a);
``(ii) the State or local government
prioritizes the use of grant funds for
particular coastal recreation waters based on
the use of the water and the risk to human
health presented by pathogens or pathogen
indicators;
``(iii) the State or local government makes
available to the Administrator the factors used
to prioritize the use of funds under clause
(ii);
``(iv) the State or local government
provides 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 that specifies any
coastal recreation waters for which fiscal
constraints will prevent consistency with the
performance criteria under subsection (a); and
``(v) the public is provided an opportunity
to review the program through a process that
provides for public notice and an opportunity
for comment.
``(B) Grants to local governments.--The
Administrator may make a grant to a local government
under this subsection for implementation of a
monitoring and notification program only if, after the
1-year period beginning on the date of publication of
performance criteria under subsection (a)(1), the
Administrator determines that the State is not
implementing a program that meets the requirements of
this subsection, regardless of whether the State has
received a grant under this subsection.
``(3) Other requirements.--
``(A) Report.--A State recipient of a grant under
this subsection shall submit to the Administrator, in
such format and at such intervals as the Administrator
determines to be appropriate, a report that describes--
``(i) data collected as part of the program
for monitoring and notification as described in
subsection (c); and
``(ii) actions taken to notify the public
when water quality standards are exceeded.
``(B) Delegation.--A State recipient of a grant
under this subsection shall identify each local
government to which the State has delegated or intends
to delegate responsibility for implementing a
monitoring and notification program consistent with the
performance criteria published under subsection (a)
(including any coastal recreation waters for which the
authority to implement a monitoring and notification
program would be subject to the delegation).
``(4) Federal share.--
``(A) In general.--The Administrator, through
grants awarded under this section, may pay up to 100
percent of the costs of developing and implementing a
program for monitoring and notification under this
subsection.
``(B) Non-federal share.--The non-Federal share of
the costs of developing and implementing a monitoring
and notification program may be--
``(i) in an amount not to exceed 50
percent, as determined by the Administrator in
consultation with State, tribal, and local
government representatives; and
``(ii) provided in cash or in kind.
``(c) Content of State and Local Government Programs.--As a
condition of receipt of a grant under subsection (b), a State or local
government program for monitoring and notification under this section
shall identify--
``(1) lists of coastal recreation waters in the State,
including coastal recreation waters adjacent to beaches or
similar points of access that are used by the public;
``(2) in the case of a State program for monitoring and
notification, the process by which the State may delegate to
local governments responsibility for implementing the
monitoring and notification program;
``(3) the frequency and location of monitoring and
assessment of coastal recreation waters based on--
``(A) the periods of recreational use of the
waters;
``(B) the nature and extent of use during certain
periods;
``(C) the proximity of the waters to known point
sources and nonpoint sources of pollution; and
``(D) any effect of storm events on the waters;
``(4)(A) the methods to be used for detecting levels of
pathogens and pathogen indicators that are harmful to human
health; and
``(B) the assessment procedures for identifying short-term
increases in pathogens and pathogen indicators that are harmful
to human health in coastal recreation waters (including
increases in relation to storm events);
``(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of, or likelihood of exceeding, applicable water
quality standards for pathogens and pathogen indicators to--
``(A) the Administrator, in such form as the
Administrator determines to be appropriate; and
``(B) a designated official of a local government
having jurisdiction over land adjoining the coastal
recreation waters for which the failure to meet
applicable standards is identified;
``(6) measures for the posting of signs at beaches or
similar points of access, or functionally equivalent
communication measures that are sufficient to give notice to
the public that the coastal recreation waters are not meeting
or are not expected to meet applicable water quality standards
for pathogens and pathogen indicators; and
``(7) measures that inform the public of the potential
risks associated with water contact activities in the coastal
recreation waters that do not meet applicable water quality
standards.
``(d) Federal Agency Programs.--Not later than 3 years after the
date of enactment of this section, each Federal agency that has
jurisdiction over coastal recreation waters adjacent to beaches or
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