[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Senate]
[Pages S5512-S5513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5040. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title VIII, add the following:
SEC. 8____. BEACH MONITORING.
(a) Water Pollution 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 ``protocols for monitoring that are most likely to
detect pathogenic contamination''.
(2) Source tracking.--Section 406(b) of such Act (33 U.S.C.
1346(b)) is amended 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.''.
(3) Authorization of appropriations.--Section 406(i) of
such Act (33 U.S.C. 1346(i)) is amended by striking ``2001
through 2005'' and inserting ``2017 through 2021''.
(b) Funding for Beaches Environmental Assessment and
Coastal Health Act.--Section 8 of the Beaches Environmental
Assessment and Coastal Health Act of 2000 (Public Law 106-
284) is amended by striking ``2005'' and inserting ``2019''.
(c) State Reports.--Section 406(b)(3)(A)(ii) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) 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''.
(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 one-year period
after the date of validation of that rapid testing method by
the Administrator,''.
(2) Revised criteria.--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''.
(3) Validation and use of rapid testing methods.--
(A) Validation of rapid testing methods.--Not later than 6
months after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (in this
section 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)).
(B) Guidance for use of rapid testing methods.--
(i) In general.--Not later than 180 days after completion
of the validation under subparagraph (A), 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 a rapid testing method
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 such guidance, the
Administrator shall require the use of a rapid testing method
at those beaches or similar points of access that are the
most used by the public.
(4) Definition.--Section 502 of such Act (33 U.S.C. 1362)
is amended by adding at the end the following:
``(27) 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
[[Page S5513]]
hours after receipt of the applicable sample by the testing
facility.''.
(5) Revisions to rapid testing methods.--
(A) In general.--Upon completion of the validation required
under paragraph (3)(A), 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.
(B) Revisions to rapid testing methods.--If a rapid testing
method identified under subparagraph (A) 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.
(C) Reporting requirement.--Upon completion of the review
required under subparagraph (A), 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 subparagraph
(B).
(D) Declaration of goals for rapid testing methods.--It 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 receipt of the applicable
sample.
(e) Notification of Federal, State, and Local Agencies.--
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (5), 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,'';
(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 paragraphs (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 exceedance of applicable water quality
standards for pathogens and pathogen indicators;''.
(f) 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 (7) (as redesignated by subsection
(e)(3))--
(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 subsection (e)(3)) 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 12 hours of the availability of
information indicating the presence of pathogens or pathogen
indicators; 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.''.
(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;
(2) by moving such subparagraphs 2 ems to the right;
(3) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(4) by adding at the end the following:
``(2) Compliance review.--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) 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) 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) GAO review.--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.''.
(h) Publication of Coastal Recreation Waters Pathogen
List.--Section 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
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 under section 104(v).''.
(i) Adoption of New or Revised Criteria and Standards.--
Section 303(i) of the Federal Water Pollution Control Act (33
U.S.C. 1313(i)) is amended--
(1) in paragraph (1)(A), by striking ``water quality
criteria and standards'' and inserting ``the most protective
water quality criteria and standards practicable''; and
(2) in paragraph (2)(A), by striking ``paragraph (1)(A)''
each place it appears and inserting ``paragraph (1)''.
(j) National List of Beaches.--Section 406(g) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is
amended--
(1) in paragraph (1), by inserting ``, regardless of the
presence of a lifeguard,'' after ``that are used by the
public''; and
(2) in paragraph (3), by striking ``The Administrator'' and
all that follows through the period and inserting ``Not later
than 12 months after the date of the enactment of the Water
Resources Development Act of 2016, and biennially thereafter,
the Administrator shall update the list described in
paragraph (1).''.
(k) Impact of Climate Change on Pathogenic Contamination of
Coastal Recreation Waters.--
(1) Study.--The Administrator shall conduct a study on the
long-term impact of climate change on pathogenic
contamination of coastal recreation waters.
(2) Report.--
(A) In general.--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
paragraph (1).
(B) Information on potential contamination impacts.--The
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.
(C) Federal actions.--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.
(D) 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.
(l) Impact of Excess Nutrients on Coastal Recreation
Waters.--
(1) Study.--The Administrator shall conduct a study to
review the available scientific information pertaining to the
impacts of excess nutrients on coastal recreation waters.
(2) Report.--
(A) In general.--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 paragraph (1).
(B) Impacts.--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.
(C) Recommendations.--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.
(D) Consultation.--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.
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