[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 999 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 999
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
_______________________________________________________________________
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. 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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