[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 971 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 971

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 1997

    Mr. Lautenberg (for himself and Mr. Torricelli) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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, 
Closure, and Health Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Nation's beaches 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 the coastal zone generates billions of 
        dollars annually;
            (4) increased population has 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 the quality of coastal recreation waters, and 
        the posting of signs at beaches notifying the public during 
        periods when the standards are 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, where feasible, as part of a watershed approach to 
        effectively identify and eliminate sources of pollution.
    (b) Purpose.--The purpose of this Act is to require uniform 
criteria and procedures for testing, monitoring, and posting of coastal 
recreation waters at beaches open for use by the public to protect 
public safety and improve environmental quality.

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

    (a) 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) of the 
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not later 
than 3\1/2\ years following the date of the enactment of this Act. Such 
water quality criteria shall be developed and promulgated in accordance 
with the requirements of section 303(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1313(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 
303(c) and revise such criteria not later than 3 years following the 
date of publication of revisions by the Administrator under section 
4(b) of this Act.
    (b) Failure of States To Adopt.--If a State has not complied with 
subsection (a) by the last day of the 3\1/2\-year period beginning on 
the date of the enactment of this Act, the water quality criteria 
issued by the Administrator under section 304(a)(1) of the Federal 
Water Pollution Control Act shall become applicable as the water 
quality criteria for coastal recreational waters for the State, and 
shall be deemed to have been promulgated by the Administrator pursuant 
to section 303(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 Under Secretary of 
Commerce for Oceans and Atmosphere, studies to provide additional 
information to the current base of knowledge for use in developing--
            (1) a more complete list of potential health risks, 
        including effects to the upper respiratory system;
            (2) better indicators for directly detecting or predicting 
        in coastal recreational waters the presence of pathogens which 
are harmful to human health; and
            (3) more expeditious 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.--Within 18 months after the date of enactment of 
this section, the Administrator shall publish and revise regulations 
requiring monitoring of, and specifying available methods to be used by 
States to monitor, coastal recreation waters at beaches open for use by 
the public for compliance with applicable water quality criteria for 
those waters and protection of the public safety. Monitoring 
requirements established pursuant to this subsection 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 
        discrete areas of coastal recreation waters may be exempted by 
        the Administrator from the monitoring requirements of this 
        subsection, if the Administrator determines that an exemption 
        will not impair--
                    ``(A) compliance with the applicable water quality 
                criteria for those waters; and
                    ``(B) protection of the public safety.
    ``(b) Notification Requirements.--Regulations published pursuant to 
subsection (a) shall require States to provide prompt notification to 
local governments and the public of exceedance of applicable water 
quality criteria for State coastal recreation waters or the immediate 
likelihood of such an exceedance. Notification pursuant to this 
subsection shall include, at a minimum--
            ``(1) prompt communication of the occurrence, nature, and 
        extent of such an exceedance, or the immediate likelihood of 
        such an exceedance based on predictive models to a designated 
        official of a local government having jurisdiction over land 
        adjoining the coastal recreation waters for which an exceedance 
        is identified; and
            ``(2) 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) Floatable Materials Monitoring Procedures.--The Administrator 
shall--
            ``(1) issue guidance on uniform assessment and monitoring 
        procedures for floatable materials in coastal recreation 
        waters; and
            ``(2) specify the conditions under which the presence of 
        floatable material shall constitute a threat to public health 
        and safety.
    ``(d) State Implementation.--A State must implement a monitoring 
program that conforms to the regulations issued pursuant to subsection 
(a) not later than 3\1/2\ years after the date of the enactment of this 
section and revise such program not later than 2 years following the 
date of publication of revisions by the Administrator under subsection 
(f).
    ``(e) Delegation of Responsibility.--Not later than 18 months after 
the date of the enactment of this section, the Administrator shall 
issue guidance for the delegation of State testing, monitoring, and 
posting programs under this section to local government authorities. In 
the case that such responsibilities are delegated by a State to a local 
government authority, or have been delegated to a local government 
authority before such date of enactment, in a manner that, at a 
minimum, is consistent with the guidance issued by the Administrator, 
State resources shall be made available to the delegated authority for 
the purpose of program implementation.
    ``(f) 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.
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) Coastal recreation waters.--The term `coastal 
        recreation waters' means Great Lakes and marine coastal waters 
        (including bays) 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 efforts to implement this Act, 
        including the amendments made by this Act.

SEC. 7. GRANTS TO STATES.

    (a) Grants.--Subject to subsection (c), the Administrator may make 
grants to States for use in fulfilling requirements established 
pursuant to section 3 of this Act and section 406 of the Federal Water 
Pollution Control Act.
    (b) Cost Sharing.--The total amount of grants to a State under this 
section for a fiscal year shall not exceed 50 percent of the cost to 
the State of implementing requirements established pursuant to section 
3 of this Act and section 406 of the Federal Water Pollution Control 
Act.
    (c) Eligible State.--After the last day of the 3\1/2\-year period 
beginning on the date of the enactment of this Act, the Administrator 
may make a grant to a State under this section only if the State 
demonstrates to the satisfaction of the Administrator that it is 
implementing its monitoring and posting program under section 406 of 
the Federal Water Pollution Control Act.

SEC. 8. 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 Great Lakes and marine coastal waters 
        (including bays) 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. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator--
            (1) for use in making grants to States under section 7 not 
        more than $4,500,000 for each of the fiscal years 1998 through 
        2002; and
            (2) for carrying out the other provisions of this Act not 
        more than $1,500,000 for each of the fiscal years 1998 through 
        2002.
                                 <all>