1.This Act may be cited as the
Clean Coastal Environment and Public Health Act of
2011
.
2.Water Pollution
Source Identification
(a)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 protocols for monitoring that are most likely to detect
pathogenic contamination
.
(b)Section 406(b) of such Act (33 U.S.C. 1346(b)) is
amended—
(1)by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(2)by inserting after
paragraph (2) the following:
(3)Source
Identification ProgramsIn
carrying out a monitoring and notification program, a State or local government
may develop and implement a coastal recreation waters pollution source
identification and tracking program for coastal recreation waters adjacent to
beaches or similar points of access that are used by the public and are not
meeting applicable water quality standards for pathogens and pathogen
indicators.
.
(c)Authorization of
AppropriationsSection 406(i) of such Act (33 U.S.C. 1346(i)) is
amended by striking $30,000,000 for each of fiscal years 2001 through
2005
and inserting $40,000,000 for each of fiscal years 2012
through 2016
.
3.Funding for
Beaches Environmental Assessment and Coastal Health ActSection 8 of the Beaches Environmental
Assessment and Coastal Health Act of 2000 (Public Law 106–284) is amended by
striking 2005
and inserting 2016
.
4.Section
406(b)(4)(A)(ii) of the Federal Water Pollution Control Act (as redesignated by
section (2)(b)(1) of this Act) is amended 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
.
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 striking
methods
and inserting methods, including a rapid testing
method after the last day of the one-year period following the date of
validation of that rapid testing method by the Administrator,
.
(b)Section 304(a)(9)(A)
of such Act (33 U.S.C. 1314(a)(9)(A)) is amended by striking methods, as
appropriate
and inserting methods, including rapid testing
methods
.
(c)Validation and
Use of Rapid Testing Methods
(1)Validation of
Rapid Testing MethodsNot
later than October 15, 2014, the Administrator of the Environmental Protection
Agency (in this Act referred to 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)).
(2)Guidance for Use
of Rapid Testing Methods
(A)Not later than 180
days after completion of the validation under paragraph (1), 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 the rapid testing
method that will enhance the protection of public health and safety through
rapid public notification of any exceeding of applicable water quality
standards for pathogens and pathogen indicators.
(B)In developing such guidance, the
Administrator shall require the use of the rapid testing method at those
beaches or similar points of access that are the most used by the
public.
(d)Section 502 of such 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 6 hours after the commencement of the rapid testing method in the
laboratory.
.
(e)Revisions to
Rapid Testing Methods
(1)Upon completion of
the validation required under subsection (c)(1), and every 5 years thereafter,
the Administrator shall identify and review potential rapid testing methods for
existing water quality criteria for pathogens and pathogen indicators for
coastal recreation waters.
(2)Revisions to
Rapid Testing MethodsIf a
rapid testing method identified under paragraph (1) will make results available
in less time and improve the accuracy and reproducibility of results when
compared to the existing rapid testing method, the Administrator shall complete
an evaluation and validation of the rapid testing method as expeditiously as
practicable.
(3)Upon completion
of the review required under paragraph (1), the Administrator shall publish in
the Federal Register the results of the review, including information on any
potential rapid testing method proposed for evaluation and validation under
paragraph (2).
(4)Declaration of
Goals for Rapid Testing MethodsIt is a national goal that by 2019, a rapid
testing method for testing water quality of coastal recreation waters be
developed that can produce accurate and reproducible results in not more than 2
hours after commencement of the rapid testing method.
6.Notification of
Federal, State, and Local AgenciesSection 406(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(c)) is amended—
(1)in paragraph (5)
by striking prompt communication
and inserting
communication, within 24 hours of the receipt of the results of a water
quality sample,
;
(2)by striking
paragraph (5)(A) and inserting the following:
(A)in the case of—
(i)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)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
;
(3)by redesignating
paragraph (6) and (7) as paragraphs (7) and (8), respectively; and
(4)by inserting after
paragraph (5) the following:
(6)measures for an annual report to the
Administrator, in such form as the Administrator determines appropriate, on the
occurrence, nature, location, pollutants involved, and extent of any exceeding
of applicable water quality standards for pathogens and pathogen
indicators;
.
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 (7)
(as redesignated by section (6)(3) of this Act)—
(A)by striking
the posting
and inserting the immediate posting
;
and
(B)by striking
and
at the end;
(2)by striking the period at the end of
paragraph (8) (as redesignated by section 6(3) of this Act) and inserting a
semicolon; and
(3)by adding at the
end the following:
(9)the availability of a geographic
information system database that such 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; and
(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 that exceeds applicable water quality standards for
pathogens and pathogen
indicators.
.
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;
(2)by moving such
subparagraphs 2 ems to the right;
(3)by striking
In the
and inserting the following:
(1)In
the
;
and
(4)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;
(B)notify the State or local government of
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
such 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)
fails to take such action as may be necessary to comply with such requirement
or condition within one year after the date of notification, any grants made
under subsection (b) to the State or local government, after the last day of
such one-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
this paragraph, the Comptroller General shall conduct a review of the
activities of the Administrator under paragraphs (2) and (3) during the first
and second calendar years beginning after such date of enactment and submit to
Congress a report on the results of such
review.
.
9.Publication of
Coastal Recreation Waters Pathogen ListSection 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended 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).
.
10.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)
.
11.Section 406(g)(3) of
the Federal Water Pollution Control Act (33 U.S.C. 1346(g)(3)) is amended by
striking The Administrator and all that follows through the period
and inserting Within 12 months after the date of the enactment of the
Clean Coastal Environment and Public Health Act of 2011, and biennially
thereafter, the Administrator shall update the list described in paragraph
(1).
.
12.Impact of
Climate Change on Pathogenic Contamination of Coastal Recreation
Waters
(a)The Administrator shall conduct a study on
the long–term impact of climate change on pathogenic contamination of coastal
recreation waters.
(b)
(1)Not later than one
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 contamination impactsThe report shall include
information on the potential impacts of pathogenic contamination on ground and
surface water resources as well as public and ecosystem health in coastal
communities.
(3)The report shall
highlight necessary Federal actions to help advance the availability of
information and tools to assess and mitigate these effects in order to protect
public and ecosystem health.
(4)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.
13.Impact of Excess
Nutrients on Coastal Recreation Waters
(a)The Administrator shall conduct a study to
review the available scientific information pertaining to the impacts of excess
nutrients on coastal recreation waters.
(b)
(1)Not later than one
year after the date of enactment of this Act, the Administrator shall transmit
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 on the results of the study conducted under subsection (a).
(2)Such report shall include information on
any adverse impacts of excess nutrients on coastal recreation waters, including
adverse impacts caused by algal blooms resulting from excess nutrients.
(3)Such report shall include recommendations
for action to address adverse impacts of excess nutrients and algal blooms on
coastal recreation waters, including the establishment and implementation of
numeric water quality criteria for nutrients.
(4)In developing such report, the
Administrator shall consult with the heads of other appropriate Federal
agencies (including the National Oceanic and Atmospheric Administration),
States, and local government entities.