[Congressional Record Volume 142, Number 103 (Friday, July 12, 1996)]
[Senate]
[Pages S7816-S7818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1950. A bill to amend the Federal Water Pollution Control Act to 
improve the quality of coastal recreation waters, and for other 
purposes; to the Committee on Environment and Public Works.


   THE BEACHES ENVIRONMENT ASSESSMENT, CLOSURE AND HEALTH ACT OF 1996

  Mr. LAUTENBERG. Mr. President, I rise to introduce the Beaches 
Environmental Assessment, Closure, and Health [BEACH] Act of 1996.
  Mr. President, coastal tourism generates billions of dollars every 
year for local communities nationwide. Moreover, our coastal areas 
provide immeasurable benefits for millions of Americans who want to 
build sand castles, cool off in the water, take a walk with that 
special someone, or just relax. New Jersey's tourism sector is the 
second largest revenue-producing industry in the State. Without a 
doubt, the lure of my State's beaches generates most of this revenue--
over $7 billion annually.
  Mr. President, alarmingly, this heavily used natural resource can 
actually pose a threat to human health if it is not properly managed. 
Studies conducted during the past two decades show a definite 
relationship between the amount of indicator bacteria in coastal waters 
and the incidence of swimming-associated illnesses.
  Viruses are believed to be the major cause of swimming-associated 
diseases--gastroenteritis and hepatitis are the most common ones 
worldwide. And because an individual afflicted with these diseases is 
contagious to others in his or her household, the risk of sewage-borne 
illness does not end with the bather. Additional diseases that can be 
contracted by swimmers include an infection caused by the toxigenic 
bacteria E. coli--the bacteria found in Jack-in-the-Box hamburgers 
which caused an outbreak of illnesses a few years ago.
  Yet many current, EPA approved techniques to measure marine water 
quality appear to underestimate the true number of viable pathogens 
that are entering the marine environment. Existing EPA guidelines allow 
States to decide whether their beach waters are safe for swimming based 
on monthly averages. Waters may appear safe in the long term, but 
short-term violations of the public health standard go unrecognized.

[[Page S7817]]

  The existing EPA guidelines are not useful for decisionmakers, who 
need to decide whether they should allow people to swim at the beach 
tomorrow or during the coming weekend. Using monthly water quality 
averages to determine if the beach is safe for swimming is like taking 
a patient's temperature average over a week to see if the patient is 
sick. The patient's average temperature could be just about normal. But 
in the meantime, the patient could die. EPA must develop new standards 
because existing EPA guidelines simply fall short.
  While some States use these inadequate EPA guidelines, others have no 
programs for regularly monitoring their beachwater for swimmer safety. 
In a report released today, Testing the Waters: Who Knows What You're 
Getting Into, the Natural Resources Defense Council [NRDC] found that 
only five States--New Jersey, Connecticut, Delaware, Illinois, and 
Indiana--comprehensively monitor their beaches, and a mere five States 
consistently close beaches every time bacteria water quality standards 
are violated. Additionally, NRDC found that a high-bacteria level can 
cause a beach closure in one State while in another State people may be 
allowed to swim in the water despite equal health risks. This 
discrepancy among coastal States threatens public health.
  The NRDC report also found that high levels of bacteria in coastal 
waters--primarily from raw human sewage--are responsible for the 
overwhelming majority of beach closures and advisories in the United 
States. In 1995, U.S. ocean, bay, and Great Lakes beaches were closed, 
or advisories were issued against swimming, on more than 3,522 
occasions.
  New Jersey has been aggressive when it comes to protecting public 
health at the beach. New Jersey is the only State to have a mandatory 
beach protection program that includes a bacteria standard, a 
monitoring program, and mandatory beach closure requirements when the 
bacteria standard is exceeded. The program is designed to address water 
quality from both a health and an environmental perspective. Beaches 
are closed when bacteria levels exceed the standard regardless of the 
pollution source.
  Ironically, New Jersey suffers because it does more to protect public 
health. In some years, annual losses from beach closures in New Jersey 
have ranged from $800 million to $1 billion.
  The bill that I am introducing today will address the uneven coastal 
commitment to protect beach goers by establishing uniform testing and 
monitoring procedures for pathogens and floatables in marine recreation 
waters. This bill also requires EPA to establish a nationwide public 
health standard for determining when States should notify the public of 
health risks due to pathogen contaminated waters.
  This bill requires the EPA to establish procedures to monitor coastal 
waters to detect short-term increases in pathogenicity and to set 
minimum standards to protect the public from pathogen contaminated 
beach waters. And it will assure that the public is notified when beach 
waters exceed the standards and public health may be at risk.
  Whether they're in the Carolinas or in California, in New Jersey or 
New York, people across the country have a right to know when the water 
is and is not safe to swim in. Beach goers should be able to wade or 
swim in the surf without the fear of getting sick. Going to the beach 
should be a healthy and rejuvenating experience. A day at the beach 
shouldn't be followed by a day at the doctor.
  Mr. President, I urge my colleagues to join me in recognizing the 
importance of protecting public health at our Nation's beaches by 
cosponsoring this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1950

       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 ``Beaches Environmental 
     Assessment, Closure, and Health Act of 1996''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Nation's beaches are a valuable public resource 
     used for recreation by millions of people annually;
       (2) the beaches of coastal States are hosts to many out-of-
     State and international visitors;
       (3) tourism in the coastal zone generates billions of 
     dollars annually;
       (4) increased population has contributed to the decline in 
     the environmental quality of coastal waters;
       (5) pollution in coastal waters is not restricted by State 
     and other political boundaries;
       (6) each coastal State has its own method of testing the 
     quality of its coastal recreation waters, providing varying 
     degrees of protection to the public; and
       (7) the adoption of standards by coastal States for 
     monitoring the quality of coastal recreation waters, and the 
     posting of signs at beaches notifying the public during 
     periods when the standards are exceeded, would enhance public 
     health and safety.
       (b) Purpose.--The purpose of this Act is to require uniform 
     procedures for beach testing and monitoring to protect public 
     safety and improve the environmental quality of coastal 
     recreation waters.

     SEC. 3. WATER QUALITY CRITERIA AND STANDARDS.

       (a) Issuance of Criteria.--Section 304(a) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1314(a)) is amended by 
     adding at the end the following:
       ``(9) Coastal recreation waters.--(A) The Administrator, 
     after consultation with appropriate Federal and State 
     agencies and other interested persons, shall issue within 18 
     months after the effective date of this paragraph (and review 
     and revise from time to time thereafter, but in no event less 
     than once every 5 years) water quality criteria for pathogens 
     in coastal recreation waters. Such criteria shall--
       ``(i) be based on the best available scientific 
     information;
       ``(ii) be sufficient to protect public health and safety in 
     case of any reasonably anticipated exposure to pollutants as 
     a result of swimming, bathing, or other body contact 
     activities; and
       ``(iii) include specific numeric criteria calculated to 
     reflect public health risks from short-term increases in 
     pathogens in coastal recreation waters resulting from 
     rainfall, malfunctions of wastewater treatment works, and 
     other causes.
       ``(B) For purposes of this paragraph, the term `coastal 
     recreation waters' means Great Lakes and marine coastal 
     waters commonly used by the public for swimming, bathing, or 
     other similar primary contact purposes.''.
       (b) Standards.--
       (1) Adoption by states.--A State shall adopt water quality 
     standards for coastal recreation waters which, at a minimum, 
     are consistent with the criteria published by the 
     Administrator under section 304(a)(9) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by 
     this Act, not later than 3 years following the date of such 
     publication. Such water quality standards shall be developed 
     in accordance with the requirements of section 303(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1313(c)). A 
     State shall incorporate such standards into all appropriate 
     programs into which such State would incorporate other water 
     quality standards adopted under section 303(c) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1313(c)).
       (2) Failure of states to adopt.--If a State has not 
     complied with paragraph (1) by the last day of the 3-year 
     period beginning on the date of publication of criteria under 
     section 304(a)(9) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1314(a)(9)), as amended by this Act, the water 
     quality criteria issued by the Administrator under such 
     section shall become applicable as the water quality 
     standards for coastal recreational waters for the State. The 
     State shall use the standards issued by the Administrator in 
     implementing all programs for which water quality standards 
     for coastal recreation waters are used.

     SEC. 4. COASTAL BEACH WATER QUALITY MONITORING.

       Title IV of the Federal Water Pollution Control Act (33 
     U.S.C. 1341-1345) is amended by adding at the end thereof the 
     following new section:

     ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

       ``(a) Monitoring.--Not later than 9 months after the date 
     on which the Administrator publishes revised water quality 
     criteria for coastal recreation waters under section 
     304(a)(9), the Administrator shall publish regulations 
     specifying methods to be used by States to monitor coastal 
     recreation waters, during periods of use by the public, for 
     compliance with applicable water quality standards for those 
     waters and protection of the public safety. Monitoring 
     requirements established pursuant to this subsection shall, 
     at a minimum--
       ``(1) specify the frequency of monitoring based on the 
     periods of recreational use of such waters;
       ``(2) specify the frequency of monitoring based on the 
     extent and degree of use during such periods;
       ``(3) specify the frequency of monitoring based on the 
     proximity of coastal recreation waters to pollution sources;

[[Page S7818]]

       ``(4) specify methods for detecting levels of pathogens and 
     for identifying short-term increases in pathogens in coastal 
     recreation waters; and
       ``(5) specify the conditions and procedures under which 
     discrete areas of coastal recreation waters may be exempted 
     by the Administrator from the monitoring requirements of this 
     subsection, if the Administrator determines that an exemption 
     will not impair--
       ``(A) compliance with the applicable water quality 
     standards for those waters; and
       ``(B) protection of the public safety.
       ``(b) Notification Requirements.--Regulations published 
     pursuant to subsection (a) shall require States to notify 
     local governments and the public of violations of applicable 
     water quality standards for State coastal recreation waters. 
     Notification pursuant to this subsection shall include, at a 
     minimum--
       ``(1) prompt communication of the occurrence, nature, and 
     extent of such a violation, to a designated official of a 
     local government having jurisdiction over land adjoining the 
     coastal recreation waters for which a violation is 
     identified; and
       ``(2) posting of signs, for the period during which the 
     violation continues, sufficient to give notice to the public 
     of a violation of an applicable water quality standard for 
     such waters and the potential risks associated with body 
     contact recreation in such waters.
       ``(c) Floatable Materials Monitoring Procedures.--The 
     Administrator shall--
       ``(1) issue guidance on uniform assessment and monitoring 
     procedures for floatable materials in coastal recreation 
     waters; and
       ``(2) specify the conditions under which the presence of 
     floatable material shall constitute a threat to public health 
     and safety.
       ``(d) Delegation of Responsibility.--A State may delegate 
     responsibility for monitoring and posting of coastal 
     recreation waters pursuant to this section to local 
     government authorities.
       ``(e) Review and Revision of Regulations.--The 
     Administrator shall review and revise regulations published 
     pursuant to this section periodically, but in no event less 
     than once every 5 years.
       ``(f) Definitions.--For the purposes of this section, the 
     following definitions apply:
       ``(1) Coastal recreation waters.--The term `coastal 
     recreation waters' means Great Lakes and marine coastal 
     waters commonly used by the public for swimming, bathing, or 
     other similar body contact purposes.
       ``(2) Floatable materials.--The term `floatable materials' 
     means any matter that may float or remain suspended in the 
     water column and includes plastic, aluminum cans, wood, 
     bottles, and paper products.''.

     SEC. 5. STUDIES TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC 
                   PATHOGENS IN COASTAL RECREATION WATERS.

       (a) Studies.--The Administrator, in cooperation with the 
     Under Secretary of Commerce for Oceans and Atmosphere, shall 
     conduct studies to provide additional information to the 
     current base of knowledge for use for developing better 
     indicators for directly detecting in coastal recreation 
     waters the presence of bacteria and viruses which are harmful 
     to human health.
       (b) Report.--Not later than 4 years after the date of the 
     enactment of this Act, and periodically thereafter, the 
     Administrator shall submit to the Congress a report 
     describing the findings of the studies under this section, 
     including--
       (1) recommendations concerning the need for additional 
     numerical limits or conditions and other actions needed to 
     improve the quality of coastal recreation waters;
       (2) a description of the amounts and types of floatable 
     materials in coastal waters and on coastal beaches and of 
     recent trends in the amounts and types of such floatable 
     materials; and
       (3) an evaluation of State efforts to implement this Act, 
     including the amendments made by this Act.

     SEC. 6. GRANTS TO STATES.

       (a) Grants.--The Administrator may make grants to States 
     for use in fulfilling requirements established pursuant to 
     section 3 and 4.
       (b) Cost Sharing.--The total amount of grants to a State 
     under this section for a fiscal year shall not exceed 50 
     percent of the cost to the State of implementing requirements 
     established pursuant to section 3 and 4.

     SEC. 7. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Coastal recreation waters.--The term ``coastal 
     recreation waters'' means Great Lakes and marine coastal 
     waters commonly used by the public for swimming, bathing, or 
     other similar body contact purposes.
       (3) Floatable materials.--The term ``floatable materials'' 
     means any matter that may float or remain suspended in the 
     water column and includes plastic, aluminum cans, wood, 
     bottles, and paper products.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the 
     Administrator--
       (1) for use in making grants to States under section 6 not 
     more than $4,000,000 for each of the fiscal years 1997 and 
     1998; and
       (2) for carrying out the other provisions of this Act not 
     more than $1,500,000 for each of the fiscal years 1997 and 
     1998.
                                 ______