Bill Text
106th Congress (1999-2000)
H.R.999.IH

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HR 999 IH

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

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

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. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the Nation's beaches and coastal recreational waters are a valuable public resource used for recreation by millions of people annually;

(2) the beaches of coastal States are hosts to many out-of-State and international visitors;

(3) tourism in coastal areas generates billions of dollars annually;

(4) increased population and urbanization of the watershed have contributed to the decline in the environmental quality of coastal waters;

(5) pollution in coastal waters is not restricted by State and other political boundaries;

(6) coastal States have different methods of testing the quality of coastal recreation waters, providing varying degrees of protection to the public;

(7) the adoption of consistent criteria by coastal States for monitoring and evaluating the quality of coastal recreation waters, and notifying the public during periods when the standards are exceeded or predicted to be exceeded, would enhance public health and safety; and

(8) while the adoption of such criteria will enhance public health and safety, exceedances of such criteria should be addressed (for example, as part of a watershed approach to effectively identify and eliminate sources of pollution).

(b) PURPOSE- The purpose of this Act is to establish uniform criteria for testing, monitoring, and notifying public users of coastal recreation waters to protect public safety and improve environmental quality.

SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA 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) ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY STATES-

`(1) GENERAL RULE- A State shall adopt water quality criteria for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(1) not later than 3 1/2 years following the date of the enactment of this subsection. Such water quality criteria shall be developed and promulgated in accordance with the requirements of subsection (c). A State shall incorporate such criteria into all appropriate programs into which such State would incorporate other water quality criteria adopted under such section and revise such criteria not later than 3 years following the date of publication of revisions by the Administrator under section 4(b) of the Beaches Environmental Assessment, Cleanup, and Health Act of 1999.

`(2) FAILURE OF STATES TO ADOPT- If a State has not complied with paragraph (1) by the last day of the 3 1/2 -year period beginning on the date of enactment of this subsection, the Administrator shall promptly prepare and publish proposed regulations setting forth revised or new water quality standards for such State to incorporate water quality criteria for coastal recreation waters pursuant to subsection (c)(4).'.

SEC. 4. REVISIONS TO WATER QUALITY CRITERIA.

(a) STUDIES- After consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, but not later than the last day of the 3-year period beginning on the date of the enactment of this Act, the Administrator shall conduct, in cooperation with the heads of other Federal agencies, studies to provide additional information to the current base of knowledge for use in developing--

(1) a more complete list of potential human health risks, including effects to the upper respiratory system;

(2) appropriate and effective indicators for improving detection in coastal recreational waters of the presence of pathogens which are harmful to human health; and

(3) appropriate, accurate, expeditious, and cost-effective methods (including predictive models) for detecting in coastal recreation waters the presence of pathogens which are harmful to human health.

(b) REVISED CRITERIA- Based on the results of the studies conducted under subsection (a), the Administrator, after consultation with appropriate Federal, State, and local officials, including local health officials, shall issue, within 5 years after the date of the enactment of this Act (and review and revise from time to time thereafter, but in no event less than once every 5 years) revised water quality criteria for pathogens in coastal recreation waters that are harmful to human health, including a revised list of indicators and testing methods.

SEC. 5. 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 18 months after the date of enactment of this section and after consultation with appropriate Federal, State, and local officials, including local health officials, and after providing notice and an opportunity for comment, the Administrator shall publish performance criteria for the monitoring of, and specifying available methods to be used to monitor, coastal recreation waters open for use by the public for compliance with applicable water quality criteria for those waters and protection of public safety. Such performance criteria 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 and location of monitoring based on the proximity of coastal recreation waters to known or identified point and nonpoint sources of pollution and in relation to storm events;

`(4) specify methods for detecting levels of pathogens that are harmful to human health and for identifying short-term increases in pathogens that are harmful to human health in coastal recreation waters, including in relation to storm events; and

`(5) specify the conditions and procedures under which monitoring of discrete areas of coastal recreation waters is not necessary to ensure compliance with applicable water quality criteria for those waters or for the protection of public safety.

`(b) NOTIFICATION REQUIREMENTS- Performance criteria published pursuant to subsection (a) shall include, at a minimum--

`(1) criteria for prompt notification to the public, local governments, and the Administrator of an exceedance of applicable water quality standards for coastal recreation waters or the immediate likelihood of such an exceedance;

`(2) 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 for which an exceedance is identified; and

`(3) measures for posting of signs for the period during which the exceedance continues, sufficient to give notice to the public of an exceedance of applicable water quality criteria for such waters and the potential risks associated with water contact activities in such waters.

`(c) INFORMATION DATABASE- The Administrator shall establish, maintain, and make available to the public by electronic and other means a national coastal recreational water pollution occurrence database that provides information on exceedances of applicable water quality standards for coastal recreation waters using information reported under subsection (b) or made available to the Administrator from other coastal water quality monitoring programs determined to be reliable by the Administrator.

`(d) FLOATABLE MATERIALS MONITORING PROCEDURES- The Administrator shall provide technical assistance to the States for development of assessment and monitoring procedures for floatable materials in coastal recreation waters and the conditions under which the presence of floatable materials will constitute a threat to public health and safety.

`(e) IMPLEMENTATION GRANTS-

`(1) AUTHORITY- Following the publication of criteria for monitoring and notification under subsection (a), the Administrator shall make grants to States or local governments for the purpose of implementing programs for monitoring and notification that are approved under paragraph (2).

`(2) PROGRAM APPROVAL-

`(A) STATE PROGRAMS- Any State may submit to the Administrator a comprehensive program for monitoring and notification under subsection (a). If the Administrator determines that the program meets the performance criteria established under subsection (a), the Administrator shall provide a grant to such State for implementation of such program in accordance with this section.

`(B) LOCAL PROGRAMS- If a State does not submit a program for approval under subparagraph (A) within 1 year following the date of publication of performance criteria under subsection (a), or if the program submitted by the State is not approved, a local government within such State may submit a program for monitoring and notification applicable to that local government and if the Administrator determines that the program meets the performance criteria established under subsection (a), the Administrator shall provide a grant to such local government for implementation of such program in accordance with this section.

`(C) COST SHARING- Grants under this subsection shall not exceed 50 percent of the costs of implementing an approved monitoring and notification program in any fiscal year.

`(f) DELEGATION OF RESPONSIBILITY- A State program approved under subsection (e) may allow delegation of responsibility for monitoring and notification to local government authorities and the State may make implementation grant moneys received by a State available to such delegated local government authorities.

`(g) REVIEW AND REVISION OF REGULATIONS- The Administrator shall review and revise regulations published pursuant to this section periodically, but in no event less than once every 5 years.

`(h) FAILURE TO IMPLEMENT PROGRAM-

`(1) LIST OF AREAS WITH NO MONITORING PROGRAM- Beginning not later than 18 months after publishing performance criteria under subsection (a), the Administrator shall maintain a list of discrete areas of coastal recreation waters for which the Administrator cannot verify the existence of a program for monitoring and notification that meets the performance criteria established under subsection (a), other than those discrete areas of coastal recreation waters where the Administrator determines that monitoring is not necessary to ensure compliance with applicable water quality criteria or the protection of the public safety. The Administrator shall make such list publicly available through publication in the Federal Register and through electronic media. The Administrator shall update such list at least once annually.

`(2) EPA IMPLEMENTATION- If, after the last day of the 3-year period beginning on the date the Administrator includes a discrete area of coastal recreation waters on the list under paragraph (1), there remains no program for monitoring and notification that meets the criteria established under subsection (a) for such area, the Administrator shall conduct such a program for such area.

`(i) DEFINITIONS- In this section, the following definitions apply:

`(1) COASTAL RECREATION WATERS- The term `coastal recreation waters' means the Great Lakes and marine coastal waters used by the public for swimming, bathing, surfing, or other similar water contact activities.

`(2) FLOATABLE MATERIALS- The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.'.

SEC. 6. REPORT TO CONGRESS.

Not later than 4 years after the date of the enactment of this Act, and periodically thereafter, the Administrator shall submit to Congress a report including--

(1) recommendations concerning the need for additional water quality criteria and other actions needed to improve the quality of coastal recreation waters; and

(2) an evaluation of State or local efforts to implement this Act, including the amendments made by this Act.

SEC. 7. DEFINITIONS.

In this Act, the following definitions apply:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

(2) COASTAL RECREATION WATERS- The term `coastal recreation waters' means the Great Lakes and marine coastal waters used by the public for swimming, bathing, surfing, or other similar body contact purposes.

(3) FLOATABLE MATERIALS- The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Administrator--

(1) for making grants to State or local governments under section 406(e) of the Federal Water Pollution Control Act, $7,500,000 for each of fiscal years 2000 through 2004; and

(2) for carrying out the other provisions of this Act (including amendments made by this Act), such sums as may be necessary for each of fiscal years 2000 through 2004.

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