1.This Act may be cited as the
Beach Protection Act of
2008
.
2.Beachwater
pollution source identification and prevention
(a)Section 406 of the
Federal Water Pollution Control Act (33 U.S.C. 1346) is amended in each of
subsections (b), (c), (d), (g), and (h) by striking monitoring and
notification
each place it appears and inserting monitoring,
public notification, source tracking, sanitary surveys, and prevention efforts
to address the identified sources of beachwater pollution
.
(b)Authorization of
appropriationsSection 406(i) of the Federal Water Pollution
Control Act (33 U.S.C. 1346(i)) is amended by striking $30,000,000 for
each of fiscal years 2001 through 2005
and
inserting
$60,000,000 for each of fiscal years
2008 through 2013, of which—(1)up to 10 percent
of the initial $10,000,000 made available for a fiscal year, at the direction
of the States, may be used to remediate problems detected through beachwater
monitoring and source identification programs funded, in whole or in part, by
the Beaches Environmental Assessment and Coastal Health Act of 2000 (Public Law
106–284; 114 Stat. 870), the Beach Protection Act of 2008, or an amendment made
by either of those Acts;
(2)up to 40 percent
of the next $5,000,000 made available for the fiscal year, at the direction of
the States, may be used to remediate those problems; and
(3)up to 50 percent
of the remaining $45,000,000 made available for the fiscal year, at the
direction of the States, may be used to remediate those
problems.
.
3.Funding for
Beaches Environmental Assessment and Coastal Health ActSection 8 of the Beaches Environmental
Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by
striking 2005
and inserting 2013
.
4.Section
406(b)(3)(A)(ii) of the Federal Water Pollution Control Act (33 U.S.C.
1346(b)(3)(A)(ii)) is amended by inserting and all environmental
agencies of the State with authority to prevent or treat sources of beachwater
pollution
after public
.
5.Use of rapid
testing methods
(a)Contents of
state and local government programsSection 406(c)(4)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by inserting
, including the use of a rapid testing method after the last day of the
1-year period following the date of approval of the rapid testing method by the
Administrator
before the semicolon at the end.
(b)Section 304(a)(9) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(9)) is amended—
(1)in subparagraph
(A)—
(A)by inserting
rapid
before testing
; and
(B)by striking
, as appropriate
; and
(2)by adding at the
end the following:
(C)Validation of
rapid testing methodsNot later than 2 years after the date of
enactment of this subparagraph, and periodically thereafter, the Administrator
shall validate the rapid testing
methods.
.
(c)Section
502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by
adding at the end the following:
(25)The term rapid testing method means a method
of testing for which results are available within 2 hours
after
commencement of the rapid testing
method.
.
6.Prompt
communication with State environmental agenciesSection 406(c)(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(c)(5)) is amended—
(1)in the matter
preceding subparagraph (A), by striking prompt communication
and
inserting communication within 24 hours of the receipt of the results of
a water quality sample
;
(2)in subparagraph
(A), by striking and
at the end;
(3)in
subparagraph (B), by inserting and
after the semicolon at the
end; and
(4)by
adding at the end the following:
(C)all agencies of
the State government with authority to require the prevention or treatment of
the sources of beachwater
pollution;
.
7.Content of State
and local programsSection
406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is
amended—
(1)in paragraph (6),
by striking and
at the end;
(2)in paragraph (7),
by striking the period at the end and inserting a semicolon;
(3)by adding at the
end the following:
(8)measures to
develop and implement a beachwater pollution source identification and tracking
program for the coastal recreation waters that are not meeting applicable water
quality standards for pathogens;
(9)a publicly
accessible and searchable global information system database with information
updated within 24 hours of the availability of the information, organized by
beach and with defined standards, sampling plan, monitoring protocols, sampling
results, and number and cause of beach closing and advisory days; and
(10)measures to ensure that closures or
advisories are made or issued within 24 hours after the State government
determines that any coastal recreation waters in the State are not meeting or
are not expected to meet applicable water quality standards for
pathogens.
.
8.Section 406(h) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended—
(1)by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and
indenting the subparagraphs appropriately;
(2)by striking
In the
and inserting the following: (1)
In general.—In
the
; and
(3)by
adding at the end the following:
(2)On or before July 31
of each calendar year beginning after the date of enactment of this paragraph,
the Administrator shall—
(A)prepare a written
assessment of compliance with all statutory and regulatory requirements of this
section for each State and local government, and of compliance with conditions
of each grant made under this section to a State or local
government,
including compliance with any requirement or condition under subsection (a)(2)
or (c);
(B)notify the State
or local government of the assessment; and
(C)make each of the
assessments available to the public in a searchable database on or before
December 31 of the calendar year.
(3)
(A)Any State or local
government that the Administrator notifies under paragraph (2) that the State
or local government is not in compliance with any requirement or grant
condition described in paragraph (2) shall take such action as is necessary to
comply with the requirement or condition by not later than 1 year after the
date of the notification.
(B)If the State or local government is not in
compliance with such a requirement or condition by the date that is 1 year
after the deadline specified in subparagraph (A), any grants made under
subsection (b) to the State or local government, after the last day of the
1-year period and while the State or local government is not in compliance with
all requirements and grant conditions described in paragraph (2), shall require
a Federal share of not to exceed 50 percent.
(4)Not later than December 31 of the third calendar year
beginning after the date of enactment of this paragraph, the Comptroller
General of the United States shall—
(A)conduct a review
of the activities of the Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that date of enactment;
and
(B)submit to
Congress a report on the results of the
review.
.
9.Study of grant
distribution formula
(a)Not
later than 30 days after the date of enactment of this Act, the Administrator
of the Environmental Protection Agency (referred to in this section as the
Administrator) shall commence a study of the formula for the
distribution of grants under section 406 of the Federal Water Pollution Control
Act (33 U.S.C. 1346) for the purpose of identifying potential revisions of that
formula.
(b)In
conducting the study, the Administrator shall—
(1)consider the
emphasis and valuation placed on length of beach season, including any findings
made by the Government Accountability Office with respect to that emphasis and
valuation; and
(2)consult with
appropriate Federal, State, and local agencies.
(c)Not later than 1 year after the date of enactment of
this Act, the Administrator shall—
(1)submit to the
Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the results of the study, including any recommendations for revisions of the
distribution formula referred to in subsection (a); and
(2)revise the
distribution formula referred to in subsection (a) in accordance with those
recommendations.
July 10 (legislative day, July 9), 2008
Reported with amendments