1.This Act may be cited as the
Clean Coastal Environment and Public
Health Act of 2009
.
2.Federal Water
Pollution Control Act amendments
(a)Adoption of new
or revised criteria and standardsSection 303(i)(2)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by striking
paragraph (1)(A)
each place it appears and inserting
paragraph (1)
.
(b)Revised criteria
for coastal recreation watersSection 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended—
(1)in subparagraph
(A), by striking methods, as appropriate
and inserting
methods, including the use of rapid testing methods
; and
(2)by adding at the
end the following:
(C)Publication of
pathogen and pathogen indicator listUpon publication of the new
or revised water quality criteria under subparagraph (A), the Administrator
shall publish in the Federal Register a list of all pathogens and pathogen
indicators studied under section
104(v).
.
(c)
(1)Section 406(a)(1)(A) of the Federal Water Pollution
Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking methods for
monitoring
and inserting methods for monitoring protocols that
are most likely to detect pathogenic contamination
.
(2)State reports;
source trackingSection
406(b) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is
amended—
(A)in paragraph (3)(A)(ii), by striking
public
and inserting public and all environmental
agencies of the State with authority to prevent or treat sources of pathogenic
contamination in coastal recreation waters
; and
(B)by adding at the
end the following:
(5)Contents of
monitoring and notification programsFor the purposes of this
section, a program for monitoring and notification shall include monitoring
consistent with the performance criteria published by the Administrator under
subsection (a), public notification, source tracking, sanitary surveys, and
prevention efforts to address identified sources of contamination by pathogens
and pathogen indicators in coastal recreation waters adjacent to beaches or
similar points of access that are used by the
public.
.
(d)Use of rapid
testing methods
(1)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
striking methods
and inserting methods, including the use
of a rapid testing method after the last day of the 1-year period following the
date of validation of that rapid testing method by the
Administrator,
.
(2)Validation and
use of rapid testing methods
(A)Validation of
rapid testing methodsNot later than October 15, 2012, the
Administrator of the Environmental Protection Agency (referred to in this Act
as the Administrator) shall complete an evaluation and validation
of a rapid testing method for the water quality criteria and standards for
pathogens and pathogen indicators described in section 303(i)(1)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(i)(1)(A)).
(B)Guidance for use
of rapid testing methods
(i)Not later than 180 days after the date of completion of
the validation under subparagraph (A), and after providing notice and an
opportunity for public comment, the Administrator shall publish guidance for
the use at coastal recreation waters adjacent to beaches or similar points of
access that are used by the public of rapid testing methods that will enhance
the protection of public health and safety through rapid public notification of
any exceedance of applicable water quality standards for pathogens and pathogen
indicators.
(ii)In
developing guidance under clause (i), the Administrator shall require the use
of rapid testing methods at those beaches or similar points of access that are
the most used by the public.
(3)Definition of
rapid testing methodSection 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362) is amended by adding at the end the
following:
(26)The term rapid testing method means a method
of testing the water quality of coastal recreation waters for which results are
available as soon as practicable and not more than 2 hours after the
commencement of the rapid testing
method.
.
(e)Notification of
Federal, State, and local agencies; 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
(5)—
(A)in the matter
preceding subparagraph (A), by striking prompt communication
and
inserting communication, within 2 hours of the receipt of the results of
a water quality sample,
;
(B)by striking
subparagraph (A) and inserting the following:
(A)(i)in the case of any
State in which the Administrator is administering the program under section
402, the Administrator, in such form as the Administrator determines to be
appropriate; and
(ii)in the case of
any State other than a State to which clause (i) applies, all agencies of the
State government with authority to require the prevention or treatment of the
sources of coastal recreation water pollution;
and
;
(2)by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
(3)by inserting after
paragraph (5) the following:
(6)measures for an
annual report to the Administrator, in such form as the Administrator
determines to be appropriate, on the occurrence, nature, location, pollutants
involved, and extent of any exceedance of applicable water quality standards
for pathogens and pathogen
indicators;
;
(4)in paragraph (7)
(as redesignated by paragraph (2))—
(A)by striking
the posting
and inserting the immediate posting
;
and
(B)by striking
and
at the end;
(5)in paragraph (8)
(as redesignated by paragraph (2)), by striking the period at the end and
inserting a semicolon; and
(6)by adding at the
end the following:
(9)the availability
of a geographical information system database that the State or local
government program shall use to inform the public about coastal recreation
waters and that—
(A)is publicly
accessible and searchable on the Internet;
(B)is organized by
beach or similar point of access;
(C)identifies
applicable water quality standards, monitoring protocols, sampling plans and
results, and the number and cause of coastal recreation water closures and
advisory days; and
(D)is updated within
24 hours of the availability of revised information;
(10)measures to
ensure that closures or advisories are made or issued within 2 hours after the
receipt of a water quality sample exceeding applicable water quality standards
for pathogens and pathogen indicators;
(11)measures that
inform the public of identified sources of pathogenic contamination; and
(12)analyses of
monitoring protocols to determine which protocols are most likely to detect
pathogenic
contamination.
.
(f)Section 406(g) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is amended by striking
paragraph (3) and inserting the following:
(3)Not later than 1 year after the date of
enactment of the Clean Coastal Environment and Public Health Act of 2009, and
biennially thereafter, the Administrator shall update the list described in
paragraph
(1).
.
(g)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 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 the Clean Coastal Environment and Public Health Act of
2009, the Administrator shall—
(A)prepare a written
assessment of compliance with—
(i)all statutory and
regulatory requirements of this section for each State and local government;
and
(ii)conditions of
each grant made under this section to a State or local government;
(B)notify the State
or local government of each such assessment; and
(C)make each of the
assessments available to the public in a searchable database on the Internet on
or before December 31 of the applicable calendar year.
(3)If a State or local government that the Administrator
notifies under paragraph (2) is not in compliance with any requirement or grant
condition described in paragraph (2) and fails to take such action as is
necessary to comply with the requirement or condition by the date that is 1
year after the date of notification, any grants made under subsection (b) to
the State or local government, after the last day of that 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 have 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 the Clean Coastal Environment and
Public Health Act of 2009, the Comptroller General 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.
.
(h)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 2009 through 2013
.
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.Study of grant
distribution formula
(a)Not
later than 30 days after the date of enactment of this Act, 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 consider—
(1)the base cost to
States of developing and maintaining water quality monitoring and notification
programs;
(2)the various beach
monitoring and notification needs of each State, including beach mileage, beach
usage, and length of beach season; and
(3)such other factors
as the Administrator determines to be appropriate.
(c)In
conducting the study, the Administrator shall consult with appropriate Federal,
State, and local agencies.
(d)Not
later than 1 year after the date of enactment of this Act, the Administrator
shall 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 revision of the distribution formula referred to in
subsection (a).
5.Impact of climate
change on pollution of coastal recreation waters
(a)The
Administrator shall conduct a study on the long-term impact of climate change
on pollution of coastal recreation waters.
(b)
(1)Not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to Congress a report on the results of the
study conducted under subsection (a).
(2)Information on
potential contaminant impactsThe report shall include
information on potential contaminant impacts on—
(A)ground and surface
water resources; and
(B)public and
ecosystem health in coastal communities.
(3)The
report shall—
(A)address monitoring
required to document and assess changing conditions of coastal water resources,
recreational waters, and ecosystems; and
(B)review the current
ability to assess and forecast impacts associated with long-term change.
(4)The report shall highlight necessary Federal actions to
help advance the availability of information and tools to assess and mitigate
the impacts and effects described in paragraphs (2) and (3) in order to protect
public and ecosystem health.
(5)In
developing the report, the Administrator shall work in consultation with
agencies active in the development of the National Water Quality Monitoring
Network and the implementation of the Ocean Research Priorities Plan and
Implementation Strategy.
6.Impact of algae
on coastal recreation waters
(a)Not
later than 1 year after the date of enactment of this Act, the Administrator
shall submit to Congress a study on the impact of algae on coastal recreation
waters.
(b)In
preparing the study under this section, the Administrator shall—
(1)quantify the
levels of algae that cause problems at recreational beaches;
(2)quantify the
concentrations of phosphorus that may be associated with algae problems;
(3)provide
recommendations with respect to whether targets of the International Joint
Commission for phosphorus in the Great Lakes should be updated; and
(4)propose numerical
water quality criteria for phosphorus in the Great Lakes.
1.This Act may be cited as the
Clean Coastal Environment and Public
Health Act of 2009
.
2.Federal Water Pollution
Control Act amendments
(a)Adoption of new or
revised criteria and standardsSection 303(i)(2)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by striking
paragraph (1)(A)
each place it appears and inserting
paragraph (1)
.
(b)Revised criteria for
coastal recreation watersSection 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended—
(1)in subparagraph (A), by
striking methods, as appropriate
and inserting methods,
including rapid testing methods
; and
(2)by adding at the end the
following:
(C)Publication of pathogen
and pathogen indicator listUpon publication of the new or
revised water quality criteria under subparagraph (A), the Administrator shall
publish in the Federal Register a list of all pathogens and pathogen indicators
studied in developing the new or revised water quality
criteria.
.
(c)
(1)Section 406(a)(1)(A) of the Federal Water Pollution
Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking methods for
monitoring
and inserting methods for monitoring protocols that
are most likely to detect pathogenic contamination
.
(2)State reports; source
trackingSection 406(b) of
the Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is amended—
(A)in paragraph (3)(A)(ii), by striking
public
and inserting public and all environmental
agencies of the State with authority to prevent or treat sources of pathogenic
contamination in coastal recreation waters
; and
(B)by adding at the end the
following:
(5)Contents of monitoring
and notification programsFor the purposes of this section, a
program for monitoring, assessment, and notification shall include, consistent
with performance criteria published by the Administrator under subsection (a),
monitoring, public notification, source tracking, and sanitary surveys, and may
include prevention efforts, not already funded under this Act to address
identified sources of contamination by pathogens and pathogen indicators in
coastal recreation waters adjacent to beaches or similar points of access that
are used by the
public.
.
(d)Use of rapid testing
methods
(1)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 striking
methods
and inserting methods, including a rapid testing
method after the last day of the 1-year period following the date of validation
of that rapid testing method by the Administrator,
.
(2)Validation and use of
rapid testing methods
(A)Validation of rapid
testing methodsNot later than October 15, 2012, the
Administrator of the Environmental Protection Agency (referred to in this Act
as the Administrator) shall complete an evaluation and validation
of a rapid testing method for the water quality criteria and standards for
pathogens and pathogen indicators described in section 304(a)(9)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)(A)).
(B)Guidance for use of
rapid testing methods
(i)Not later than 180 days after the date of completion of
the validation under subparagraph (A), and after providing notice and an
opportunity for public comment, the Administrator shall publish guidance for
the use at coastal recreation waters adjacent to beaches or similar points of
access that are used by the public of rapid testing methods that will enhance
the protection of public health and safety through rapid public notification of
any exceedance of applicable water quality standards for pathogens and pathogen
indicators.
(ii)In
developing guidance under clause (i), the Administrator shall require the use
of rapid testing methods at those beaches or similar points of access that are
the most used by the public.
(3)Definition of rapid
testing methodSection 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
(26)The term rapid testing method means a method
of testing the water quality of coastal recreation waters for which results are
available as soon as practicable and not more than 4 hours after receipt of the
applicable sample by the testing
facility.
.
(e)Notification of
Federal, State, and local agencies; 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 (5)—
(A)in the matter preceding
subparagraph (A), by striking prompt communication
and inserting
communication, within 2 hours of the receipt of the results of a water
quality sample,
;
(B)by striking subparagraph
(A) and inserting the following:
(A)(i)in the case of any
State in which the Administrator is administering the program under section
402, the Administrator, in such form as the Administrator determines to be
appropriate; and
(ii)in the case of any State
other than a State to which clause (i) applies, all agencies of the State
government with authority to require the prevention or treatment of the sources
of coastal recreation water pollution;
and
;
(2)by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
(3)by inserting after
paragraph (5) the following:
(6)measures for an annual
report to the Administrator, in such form as the Administrator determines to be
appropriate, on the occurrence, nature, location, pollutants involved, and
extent of any exceedance of applicable water quality standards for pathogens
and pathogen
indicators;
;
(4)in paragraph (7) (as
redesignated by paragraph (2))—
(A)by striking the
posting
and inserting the immediate posting
; and
(B)by striking
and
at the end;
(5)in paragraph (8) (as
redesignated by paragraph (2)), by striking the period at the end and inserting
a semicolon; and
(6)by adding at the end the
following:
(9)the availability of a
geographical information system database that the State or local government
program shall use to inform the public about coastal recreation waters and
that—
(A)is publicly accessible
and searchable on the Internet;
(B)is organized by beach or
similar point of access;
(C)identifies applicable
water quality standards, monitoring protocols, sampling plans and results, and
the number and cause of coastal recreation water closures and advisory days;
and
(D)is updated within 24
hours of the availability of revised information;
(10)measures to ensure that
closures or advisories are made or issued within 2 hours after the receipt of
the results of a water quality sample exceeding applicable water quality
standards for pathogens and pathogen indicators;
(11)measures that inform the
public of identified sources of pathogenic contamination; and
(12)analyses of monitoring
protocols to determine which protocols are most likely to detect pathogenic
contamination.
.
(f)Section 406(g) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is amended by striking
paragraph (3) and inserting the following:
(3)Not later than 1 year after the date of
enactment of the Clean Coastal Environment and Public Health Act of 2009, and
biennially thereafter, the Administrator shall update the list described in
paragraph
(1).
.
(g)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 the
;
and
(3)by adding at the end the
following:
(2)On or before July 31 of each calendar year beginning 18
months after the date of enactment of the Clean Coastal Environment and Public
Health Act of 2009, the Administrator shall—
(A)prepare a written
assessment of compliance with—
(i)all statutory and
regulatory requirements of this section for each State and local government;
and
(ii)conditions of each grant
made under this section to a State or local government;
(B)notify the State or local
government of each such assessment; and
(C)make each of the
assessments available to the public in a searchable database on the Internet on
or before December 31 of the applicable calendar year.
(3)If a State or local government that the Administrator
notifies under paragraph (2) is not in compliance with any requirement or grant
condition described in paragraph (2) and fails to take such action as is
necessary to comply with the requirement or condition by the date that is 1
year after the date of notification, any grants made under subsection (b) to
the State or local government, after the last day of that 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 have 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 the Clean Coastal Environment and
Public Health Act of 2009, the Comptroller General 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.
.
(h)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 2009 through 2013
.
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.Study of grant
distribution formula
(a)Not
later than 30 days after the date of enactment of this Act, 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 under this section, the Administrator shall take into
consideration—
(1)the base cost to States
of developing and maintaining water quality monitoring and notification
programs;
(2)the varied beach
monitoring and notification needs of the States, including beach mileage, beach
usage, and length of beach season; and
(3)other factors that the
Administrator determines to be appropriate.
(c)In
conducting the study under this section, the Administrator shall consult with
appropriate Federal, State, and local agencies.
(d)Not
later than 1 year after the date of enactment of this Act, the Administrator
shall submit to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of the
Senate a report describing the results of the study under this section,
including any recommendation for revision of the distribution formula referred
to in subsection (a).
5.Impact of climate change
on pollution of coastal recreation waters
(a)The
Administrator shall conduct a study on the long-term impact of climate change
on pollution of coastal recreation waters.
(b)
(1)Not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to Congress a report on the results of the
study conducted under subsection (a).
(2)Information on
potential contaminant impactsThe report shall include
information on potential contaminant impacts on—
(A)ground and surface water
resources; and
(B)public and ecosystem
health in coastal communities.
(3)The
report shall—
(A)address monitoring
required to document and assess changing conditions of coastal water resources,
recreational waters, and ecosystems; and
(B)review the current
ability to assess and forecast impacts associated with long-term climate
change.
(4)The report shall highlight necessary Federal actions to
help advance the availability of information and tools to assess and mitigate
the impacts and effects described in paragraphs (2) and (3) in order to protect
public and ecosystem health.
(5)In
developing the report, the Administrator shall work in consultation with
agencies active in the development of the National Water Quality Monitoring
Network and the implementation of the Ocean Research Priorities Plan and
Implementation Strategy.
6.Impact of nutrients on
pollution of coastal recreation waters
(a)The
Administrator shall conduct a study of available scientific information
relating to the impacts of nutrient excesses and algal blooms on coastal
recreation waters.
(b)
(1)Not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to Congress a report on the results of the
study conducted under subsection (a).
(2)The
report under paragraph (1) shall include—
(A)information regarding the
impacts of nutrient excesses and algal blooms on coastal recreation waters and
coastal communities; and
(B)recommendations of the
Administrator for actions to be carried out by the Administrator to address
those impacts, including, if applicable, through the establishment of numeric
water quality criteria.
(3)In
developing the report under paragraph (1), the Administrator shall work in
consultation with the heads of other appropriate Federal agencies (including
the National Oceanic and Atmospheric Administration), States, and local
governmental entities.
April 20, 2010
Reported with an amendment