1.This Act may be cited as the
Clean Coastal Environment and Public
Health Act of 2011
.
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 and the source of that
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, 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 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 2011, 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
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)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
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 appropriationsSection 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
.
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 2015
.
4.Monitoring
protocol for mercury
(a)Review and
update of existing monitoring and testing protocols and
recommendationsAs 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 CriteriaNothing 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 AppropriationsThere are authorized to be appropriated to
carry out this section such sums as are necessary.
5.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).
6.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.
7.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.