[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1582

 To amend the Federal Water Pollution Control Act to modify provisions 
         relating to beach monitoring, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2011

 Mr. Lautenberg (for himself, Mr. Kirk, and Mrs. Boxer) 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 modify provisions 
         relating to beach monitoring, 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 ``Clean Coastal Environment and Public 
Health Act of 2011''.

SEC. 2. FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS.

    (a) Adoption of New or Revised Criteria and Standards.--Section 
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 Waters.--Section 
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 list.--Upon 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) Source Identification.--
            (1) Monitoring protocols.--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 and the source of that 
        contamination''.
            (2) State reports; source tracking.--Section 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 programs.--
        For 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, storm event 
        testing, 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 programs.--
        Section 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 methods.--Not 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) In general.--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) Prioritization.--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 method.--Section 502 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1362) is amended 
        by adding at the end the following:
            ``(26) Rapid testing method.--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 Programs.--Section 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) National List of Beaches.--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) Updates.--Not later than 1 year after the date of 
        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).''.
    (g) Compliance Review.--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) Compliance review.--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 2011, 
        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) Corrective action.--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) GAO review.--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 2011, 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 Appropriations.--Section 406(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking 
``fiscal years 2001 through 2005'' and inserting ``fiscal years 2011 
through 2015''.

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH 
              ACT.

    Section 8 of the Beaches Environmental Assessment and Coastal 
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2015''.

SEC. 4. MONITORING PROTOCOL FOR MERCURY.

    (a) Review and Update of Existing Monitoring and Testing Protocols 
and Recommendations.--As soon as practicable after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (referred to in this Act as the ``Administrator'') 
shall--
            (1) review and update existing monitoring protocols as 
        necessary for mercury affecting the coastal recreation waters 
        of the Great Lakes; and
            (2) develop updated recommendations on testing for the 
        presence of mercury affecting the coastal recreation waters of 
        the Great Lakes, including the presence of mercury in Great 
        Lakes sediment and fish tissue.
    (b) Publication of Water Quality Criteria.--Nothing in this section 
shall delay the schedule for publication of new or revised water 
quality criteria as required by section 304(a)(9) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)(9)).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.

SEC. 5. STUDY OF GRANT DISTRIBUTION FORMULA.

    (a) Study.--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) Contents.--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) Consultation.--In conducting the study under this section, the 
Administrator shall consult with appropriate Federal, State, and local 
agencies.
    (d) Report.--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).

SEC. 6. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION 
              WATERS.

    (a) Study.--The Administrator shall conduct a study on the long-
term impact of climate change on pollution of coastal recreation 
waters.
    (b) Report.--
            (1) In general.--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 impacts.--The 
        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) Monitoring.--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) Federal actions.--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) Consultation.--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.

SEC. 7. IMPACT OF NUTRIENTS ON POLLUTION OF COASTAL RECREATION WATERS.

    (a) Study.--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) Report.--
            (1) In general.--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) Inclusions.--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) Consultation.--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.
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