[Senate Report 111-170]
[From the U.S. Government Publishing Office]
Calendar No. 353
111th Congress Report
SENATE
2d Session 111-170
======================================================================
CLEAN COASTAL ENVIRONMENT AND PUBLIC HEALTH ACT OF 2009
_______
April 20, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 878]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 878) to amend the Federal Water Pollution
Control Act to modify provisions relating to beach monitoring,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
Purposes of the Legislation
The purposes of the Clean Coastal Environment and Public
Health Act of 2009 (the Act) are to prescribe the use of rapid
testing methods for the testing of pollutants in coastal
recreation waters; mandate public notice requirements; expand
the scope of grants to include pollution tracking and
remediation activities; require studies on impacts of climate
change and nutrients on pollution of coastal recreation waters;
require an assessment of the grant distribution formula; and
increase the authorization limit from $30,000,000 to
$60,000,000 for such activities.
General Statement and Background
The Act amends the Federal Water Pollution Control Act to
update the testing methods for water-borne pathogens and other
contaminants with potential to harm human health in costal
recreation waters. The Act also reauthorizes the Beaches
Environmental Assessment and Coastal Health Act of 2000 (BEACH
Act), improves source identification and prevention efforts,
ensures prompt communication with state environmental agencies,
and improves state and local coastal recreation water quality
programs.
In 2000, when the BEACH Act became law, the Act's goal was
to improve public awareness of water quality at our nation's
beaches. According to the U.S. Environmental Protection Agency
(EPA), research has found that contact with contaminated water
can lead to gastrointestinal disorders, ear or skin infections,
and respiratory diseases if contaminated water is inhaled. The
pathogens responsible for waterborne diseases can be bacteria,
viruses, protozoa, fungi, and other parasites. Public health
risks are especially significant for sensitive subpopulations,
such as children and the elderly.
The BEACH Act of 2000 was successful at prompting states to
adopt water quality criteria and in strengthening public
reporting requirements. However, public health risks from
swimming in polluted coastal waters continue to be an issue in
certain areas of the United States. A 2007 United States
Government Accountability Office report found that states'
monitoring and notification programs varied considerably in the
frequency with which beaches were monitored, the monitoring
methods used, and how the public was notified of potential
health risks--differences due, in part, to the BEACH Act
funding levels. The report also found that while the frequency
of water quality monitoring increased nationwide, the
underlying causes of contamination continue to remain largely
unknown.
The Clean Coastal Environment and Public Health Act of 2009
expands upon existing law by requiring the use of rapid testing
methods and additional notification standards. Unlike existing
methods, which permit as many as three days to pass before
water testing results are communicated and decisions to close
down beaches are made, the Act mandates rapid testing methods
to quickly test water quality. Rapid testing methods are
defined as those that produce results within four hours after
receipt of the applicable sample by the testing facility.
Additionally, the Act requires that information obtained from
these test methods are communicated to the public within two
hours of receipt of the results of a water quality sample via a
searchable database. This is a clarification of existing law,
which does not specify a time or method for the communication
to occur. This legislation ensures more rapid decisions will be
made about beach closures in order to better protect public
health.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Clean
Coastal Environment and Public Health Act of 2009''.
Section 2. Federal Water Pollution Control Act amendments
Section 2 amends sections 303 and 304 of the Federal Water
Pollution Control Act (33 U.S.C. 1313, 1314) to ensure adoption
of new and revised water quality criteria, incorporation of
rapid testing methods, and publication of pathogen and pathogen
indicator lists.
This section amends Section 406 of the Federal Water
Pollution Control Act (33 U.S.C. 1346) to require monitoring
and notification programs that receive funding under this
section to include monitoring, public notification, source
tracking and sanitary surveys, and to allow for prevention
efforts to address identified sources of contamination in
coastal recreation waters.
This section also amends Section 406 to specify that a
state or local government program must identify rapid testing
methods to test water quality to receive grant money under this
Act. Rapid testing is defined as a method of testing for which
results are available as soon as practicable and not more than
four hours after receipt of the applicable sample by the
testing facility. The Administrator would be required to
validate rapid testing methods by October 15, 2012.
Section 2 specifies that to receive grant money, a state or
local government program must disclose beach water quality
violations, within two hours of receipt of the results of a
water quality sample, to the public and relevant state agencies
that have the authority to prevent or treat beach water
pollution. Programs would be required to ensure the
availability of a publicly accessible and searchable global
information system database that is updated within 24 hours of
the availability of revised information, organized by beach,
and that identifies applicable water quality standards,
monitoring protocols, sampling results, and other pertinent
information.
Within one year after enactment of the Act and biennially
thereafter, this section requires EPA to update the National
List of Beaches. EPA would further be required to complete
annual compliance reviews to ensure that programs receiving
grant money are in compliance with the requirements of this Act
and that any shortcomings are promptly corrected. If a grantee
fails to take corrective action for any requirement or grant
condition within one year of notification then they would have
a federal share of not to exceed 50 percent. Within three
years, the Government Accountability Office would be required
to conduct a review of activities under this Act and submit a
report to Congress.
Section 2 increases the authorization for section 406(i) of
the Federal Water Pollution Control Act from $30 million to $60
million, for each of the fiscal years 2009 through 2013.
Section 3. Funding for Beaches Environmental Assessment and Coastal
Health Act
Section 3 extends the authorization of the BEACH Act to
2013.
Section 4. Impact of climate change on pollution of coastal recreation
waters
Section 4 requires a study on the long-term impact of
climate change on pollution of coastal recreation waters--the
results of which would be published in a report that contains
information on potential contaminant impacts to coastal
communities, monitoring requirements, and necessary federal
actions.
Section 5. Impact of nutrients on pollution of coastal recreation
waters
Section 5 requires a study of available scientific
information relating to the impacts of nutrient excesses and
algal blooms on coastal recreation waters--the results of which
would be published in a report that includes recommendations to
address such impacts.
Legislative History
On April 23, 2009, Senator Lautenberg introduced S. 878.
Senators Voinovich, Menendez, Boxer and Merkley are cosponsors
to the bill. On June 18, 2009, the Environment and Public Works
Committee held a business meeting to consider the bill. Senator
Lautenberg offered a substitute amendment to make certain
changes to the bill, and the amendment was agreed to by voice
vote. S. 878 was ordered favorably reported as amended by voice
vote.
Companion legislation introduced by Rep. Pallone [D-NJ],
H.R. 2093, was ordered to be reported favorably by the House
Committee on Transportation and Infrastructure on June 4, 2009.
In the 110th Congress, similar legislation passed the House of
Representatives by voice vote and was reported favorably with
amendments by the Committee on July 10, 2008.
Hearings
In the 110th Congress, the Subcommittee on Transportation
Safety, Infrastructure Security, and Water Quality held a
hearing entitled, ``Protecting Water Quality at America's
Beaches'' on June 27, 2008, at which related legislation was
discussed.
Rollcall Votes
The Committee on Environment and Public Works ordered S.
878 favorably reported by voice vote on June 18, 2009. No
rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill. The Committee finds
that this legislation, which provides grants and financial
assistance to state, local and tribal governments for
monitoring of coastal recreational waters, does not have
substantial regulatory impacts.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that this legislation does
not impose intergovernmental mandates or private sector
mandates as those terms are defined in UMRA. The Congressional
Budget Office concurs, finding ``S. 878 contains no
intergovernmental or private-sector mandates as defined in UMRA
and would impose no costs on state, local, or tribal
governments.''
Congressional Budget Office Cost Estimate
July 6, 2009.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 878, the Clean
Coastal Environment and Public Health Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 878--Clean Coastal Environment and Public Health Act of 2009
Summary: S. 878 would authorize the appropriation of $60
million a year over the 2010-2013 period for the water quality
program that benefits coastal states under the Clean Water Act.
Under this program, the Environmental Protection Agency (EPA)
provides grants to state or local governments to support their
efforts to monitor the quality of coastal waters and notify the
public when beach water does not meet established standards.
This legislation also would authorize the appropriation of such
sums as necessary for EPA to manage the program through 2013.
Assuming appropriation of the authorized funds (including
amounts necessary for administrative costs), CBO estimates that
implementing S. 878 would cost $244 million over the 2010-2014
period. Enacting the bill would not affect direct spending or
revenues.
S. 878 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 878 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Beach Protection Grants:
Authorization Level............................ 60 60 60 60 0 240
Estimated Outlays.............................. 48 60 60 60 12 240
Administrative Support:
Estimated Authorization Level.................. 1 1 1 1 0 4
Estimated Outlays.............................. 1 1 1 1 0 4
Total Changes:
Estimated Authorization Level.............. 61 61 61 61 0 244
Estimated Outlays.......................... 49 61 61 61 12 244
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
878 will be enacted near the end of fiscal year 2009, that the
specified amounts will be appropriated in each year starting in
2010, and that outlays will follow historical spending patterns
for the existing program. In 2009, about $10 million was
appropriated to EPA for grants to support efforts to monitor
beach water. CBO estimates that implementing this legislation
would cost $244 million over the next five years, including $4
million to administer the grant program.
Intergovernmental and private-sector impact: S. 878
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On June 10, 2009, CBO transmitted a
cost estimate for H.R. 2093, the Clean Coastal Environmental
and Public Health Act of 2009, as ordered reported by the House
Committee on Transportation and Infrastructure on June 4, 2009.
Both H.R. 2093 and S. 878 would reauthorize the Beaches
Environmental Assessment and Coastal Health Act, but H.R. 2093
would authorize grants of $40 million a year through 2014.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
MINORITY VIEWS OF SENATOR JAMES M. INHOFE
I appreciate the success of states and communities
providing appropriate public health information to citizens
swimming and recreating at our nation's beaches. The BEACH Act
authorization ended in 2005 and I agree that reauthorization is
appropriate. However, S. 878, the Clean Coastal Environment and
Public Health Act of 2009 (the Act), has significant problems
accompanying the reauthorization language.
The Clean Coastal Environment and Public Health Act of 2009
doubles the authorization and greatly expands the original
intent of the BEACH Act of 2000 grant program. To cover the
cost of this expansion, the bill doubles the authorization from
$30,000,000 to $60,000,000. However, the current funding levels
have been stagnant at an appropriations average of $10,000,000,
which is only 1/3 the current authorization ceiling. The first
step to controlling government spending is for the authorizers
to set reasonable and achievable authorization levels.
Additionally, I believe any grants authorized for pollution
remediation should leverage state and local funding sources by
requiring a non-federal cost share analogous to current grant
programs outlined in the Federal Water Pollution Control Act
(i.e., Section 205 Capitalization Grants).
Since 2000, the legislation has provided authority and
funding for states and local governments to monitor and issue
public health advisories when beach water is deemed unsafe for
human contact. This legislation increases the authorized
activities under the grants to include the prescribed use of
rapid testing methods for pollutants in coastal recreation
waters, mandates strict public notice requirements, and expands
the scope of grants to include pollution tracking and
remediation activities. The increase in scope and specificity
of the requirements of the bill will likely present significant
challenges to state and local governments that implement the
BEACH Act. It seems very likely that states will not be able to
meet one or more of the new mandates for grants, and EPA has
little flexibility to assist states.
Additionally, Congress provides funding for remediation
through a variety of grants, including State Revolving Funds,
and for water discharge and pollution tracking through the
Environmental Protection Agency's annual enforcement budget. I
believe these inclusions to the BEACH Act are duplicative.
The rapid testing requirement limits EPA to tests that have
a 4-hour turn around. This could potentially limit other
testing methods that may be more accurate or have other
positive benefits. EPA, in coordination with stakeholders, has
committed to updating its water quality criteria by 2012. This
legislation should be flexible enough to work with updates in
water quality criteria, technology or science and should not
impose potentially substantial testing costs to state and local
governments when testing methods and testing equipment
requirements could change.
Senator James M. Inhofe.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman:
* * * * * * *
----------
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
Sec. 301. (a) Except as in compliance with this section and
sections 302, 306, 307, 318, 402, and 404 of this Act, the
discharge of any pollutant by any person shall be unlawful.
(b) In order to carry out the objective of this Act there
shall be achieved--
(1)(A) * * *
* * * * * * *
Sec. 303. (a)(1) In order to carry out the purpose of this
Act, any water quality standard applicable to interstate waters
which was adopted by any State and submitted to, and approved
by, or is awaiting approval by, the Administrator pursuant to
this Act as in effect immediately prior to the date of
enactment of the Federal Water Pollution Control Act Amendments
of 1972, shall remain in effect unless the Administrator
determined that such standard is not consistent with the
applicable requirements of this Act as in effect immediately
prior to the date of enactment of the Federal Water Pollution
Control Act Amendments of 1972. If the Administrator makes such
a determination he shall, within three months after the date of
enactment of the Federal Water Pollution Control Act Amendments
of 1972, notify the State and specify the changes needed to
meet such requirements. If such changes are not adopted by the
State within ninety days after the date of such notification,
the Administrator shall promulgate such changes in accordance
with subsection (b) of this section.
(2) * * *
* * * * * * *
(i) Coastal Recreation Water Quality Criteria.--
(1) Adoption by states.--
(A) Initial criteria and standards.--Not
later than 42 months after the date of the
enactment of this subsection, each State having
coastal recreation waters shall adopt and
submit to the Administrator water quality
criteria and standards for the coastal
recreation waters of the State for those
pathogens and pathogen indicators for which the
Administrator has published criteria under
section 304(a).
(B) New or revised criteria and standards.--
Not later than 36 months after the date of
publication by the Administrator of new or
revised water quality criteria under section
304(a)(9), each State having coastal recreation
waters shall adopt and submit to the
Administrator new or revised water quality
standards for the coastal recreation waters of
the State for all pathogens and pathogen
indicators to which the new or revised water
quality criteria are applicable.
(2) Failure of states to adopt.--
(A) In general.--If a State fails to adopt
water quality criteria and standards in
accordance with [paragraph (1)(A)] paragraph
(1) that are as protective of human health as
the criteria for pathogens and pathogen
indicators for coastal recreation waters
published by the Administrator, the
Administrator shall promptly propose
regulations for the State setting forth revised
or new water quality standards for pathogens
and pathogen indicators described in [paragraph
(1)(A)] paragraph (1) for coastal recreation
waters of the State.
* * * * * * *
Sec. 304. (a)(1) The Administrator, after consultation with
appropriate Federal and State agencies and other interested
persons, shall develop and publish, within one year after the
date of enactment of this title (and from time to time
thereafter revise) criteria for water quality accurately
reflecting the latest scientific knowledge (A) on the kind and
extent of all identifiable effects on health and welfare
including, but not limited to, plankton, fish, shellfish,
wildlife, plant life, shorelines, beaches, esthetics, and
recreation which may be expected from the presence of
pollutants in any body of water, including ground water; (B) on
the concentration and dispersal of pollutants, or their
byproducts, through biological, physical, and chemical
processes; and (C) on the effects of pollutants on biological
community diversity, productivity, and stability, including
information on the factors affecting rates of eutrophication
and rates of organic and inorganic sedimentation for varying
types of receiving waters.
(2) * * *
* * * * * * *
(9) Revised Criteria for Coastal Recreation Waters.--
(A) In general.--Not later than 5 years after the
date of the enactment of this paragraph, after
consultation and in cooperation with appropriate
Federal, State, tribal, and local officials (including
local health officials), the Administrator shall
publish new or revised water quality criteria for
pathogens and pathogen indicators (including a revised
list of testing [methods, as appropriate] methods,
including rapid testing methods), based on the results
of the studies conducted under section 104(v), for the
purpose of protecting human health in coastal
recreation waters.
(B) Reviews.--Not later than the date that is 5 years
after the date of publication of water quality criteria
under this paragraph, and at least once every 5 years
thereafter, the Administrator shall review and, as
necessary, revise the water quality criteria.
(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.
* * * * * * *
Sec. 401. (a)(1)* * *
* * * * * * *
SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
(a) Monitoring and Notification.--
(1) In general.--Not later than 18 months after the
date of the enactment of this section, after
consultation and in cooperation with appropriate
Federal, State, tribal, and local officials (including
local health officials), and after providing public
notice and an opportunity for comment, the
Administrator shall publish performance criteria for--
(A) monitoring and assessment (including
specifying available [methods for monitoring]
methods for monitoring protocols that are most
likely to detect pathogenic contamination) of
coastal recreation waters adjacent to beaches
or similar points of access that are used by
the public for attainment of applicable water
quality standards for pathogens and pathogen
indicators; and
(B) the prompt notification of the public,
local governments, and the Administrator of any
exceeding of or likelihood of exceeding
applicable water quality standards for coastal
recreation waters described in subparagraph
(A).
(2) Level of protection.--The performance criteria
referred to in paragraph (1) shall provide that the
activities described in subparagraphs (A) and (B) of
that paragraph shall be carried out as necessary for
the protection of public health and safety.
(b) Program Development and Implementation Grants.--
(1) In general.--The Administrator may make grants to
States and local governments to develop and implement
programs for monitoring and notification for coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public.
(2) Limitations.--
(A) In general.--The Administrator may award
a grant to a State or a local government to
implement a monitoring and notification program
if--
(i) the program is consistent with
the performance criteria published by
the Administrator under subsection (a);
(ii) the State or local government
prioritizes the use of grant funds for
particular coastal recreation waters
based on the use of the water and the
risk to human health presented by
pathogens or pathogen indicators;
(iii) the State or local government
makes available to the Administrator
the factors used to prioritize the use
of funds under clause (ii);
(iv) the State or local government
provides a list of discrete areas of
coastal recreation waters that are
subject to the program for monitoring
and notification for which the grant is
provided that specifies any coastal
recreation waters for which fiscal
constraints will prevent consistency
with the performance criteria under
subsection (a); and
(v) the public is provided an
opportunity to review the program
through a process that provides for
public notice and an opportunity for
comment.
(B) Grants to local governments.--The
Administrator may make a grant to a local
government under this subsection for
implementation of a monitoring and notification
program only if, after the 1-year period
beginning on the date of publication of
performance criteria under subsection (a)(1),
the Administrator determines that the State is
not implementing a program that meets the
requirements of this subsection, regardless of
whether the State has received a grant under
this subsection.
(3) Other requirements.--
(A) Report.--A State recipient of a grant
under this subsection shall submit to the
Administrator, in such format and at such
intervals as the Administrator determines to be
appropriate, a report that describes--
(i) data collected as part of the
program for monitoring and notification
as described in subsection (c); and
(ii) actions taken to notify the
[public] public and all environmental
agencies of the State with authority to
prevent or treat sources of pathogenic
contamination in coastal recreation
waters when water quality standards are
exceeded.
(B) Delegation.--A State recipient of a grant
under this subsection shall identify each local
government to which the State has delegated or
intends to delegate responsibility for
implementing a monitoring and notification
program consistent with the performance
criteria published under subsection (a)
(including any coastal recreation waters for
which the authority to implement a monitoring
and notification program would be subject to
the delegation).
(4) Federal share.--
(A) In general.--The Administrator, through
grants awarded under this section, may pay up
to 100 percent of the costs of developing and
implementing a program for monitoring and
notification under this subsection.
(B) Non-federal share.--The non-Federal share
of the costs of developing and implementing a
monitoring and notification program may be--
(i) in an amount not to exceed 50
percent, as determined by the
Administrator in consultation with
State, tribal, and local government
representatives; and
(ii) provided in cash or in kind.
(5) Contents of monitoring and notification
programs.--For the purposes of this section, a program
for monitoring and notification shall include
monitoring consistent with the performance criteria
published by the Administrator under subsection (a),
public notification, source tracking, sanitary surveys,
and prevention efforts 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.
* * * * * * *
(c) Content of State and Local Government Programs.--As a
condition of receipt of a grant under subsection (b), a State
or local government program for monitoring and notification
under this section shall identify--
(1) lists of coastal recreation waters in the State,
including coastal recreation waters adjacent to beaches
or similar points of access that are used by the
public;
(2) in the case of a State program for monitoring and
notification, the process by which the State may
delegate to local governments responsibility for
implementing the monitoring and notification program;
(3) the frequency and location of monitoring and
assessment of coastal recreation waters based on--
(A) the periods of recreational use of the
waters;
(B) the nature and extent of use during
certain periods;
(C) the proximity of the waters to known
point sources and nonpoint sources of
pollution; and
(D) any effect of storm events on the waters;
(4)(A) the [methods] methods, including the use of 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, to be used for
detecting levels of pathogens and pathogen indicators
that are harmful to human health; and
* * * * * * *
(5) measures for [prompt communication]
communication, within 2 hours of the receipt of the
results of a water quality sample, the occurrence,
nature, location, pollutants involved, and extent of
any exceeding of, or likelihood of exceeding,
applicable water quality standards for pathogens and
pathogen indicators to--
[(A) the Administrator, in such form as the
Administrator determines to be appropriate;
and]
(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
(B) a designated official of a local
government having jurisdiction over land
adjoining the coastal recreation waters for
which the failure to meet applicable standards
is identified;
(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;
[(6)] (7) measures for [the posting] the immediate
posting of signs at beaches or similar points of
access, or functionally equivalent communication
measures that are sufficient to give notice to the
public that the coastal recreation waters are not
meeting or are not expected to meet applicable water
quality standards for pathogens and pathogen
indicators; [and]
[(7)] (8) measures that inform the public of the
potential risks associated with water contact
activities in the coastal recreation waters that do not
meet applicable water quality standards[.];
(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.
* * * * * * *
(g) List of Waters.--
(1) In general.--Beginning not later than 18 months
after the date of publication of performance criteria
under subsection (a), based on information made
available to the Administrator, the Administrator shall
identify, and maintain a list of, discrete coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public that--
(A) specifies any waters described in this
paragraph that are subject to a monitoring and
notification program consistent with the
performance criteria established under
subsection (a); and
(B) specifies any waters described in this
paragraph for which there is no monitoring and
notification program (including waters for
which fiscal constraints will prevent the State
or the Administrator from performing monitoring
and notification consistent with the
performance criteria established under
subsection (a)).
(2) Availability.--The Administrator shall make the
list described in paragraph (1) available to the public
through--
(A) publication in the Federal Register; and
(B) electronic media.
[(3) Updates.--The Administrator shall update the
list described in paragraph (1) periodically as new
information becomes available.]
(3) Updates.--Not later than 1 year after the date of
enactment of the Clean Coastal Environment and Public
Health Act of 2009, and biennially thereafter, the
Administrator shall update the list described in
paragraph (1).
(h) EPA Implementation.--[In the]
(1) In general.--In the case of a State that has no
program for monitoring and notification that is
consistent with the performance criteria published
under subsection (a) after the last day of the 3-year
period beginning on the date on which the Administrator
lists waters in the State under subsection (g)(1)(B),
the Administrator shall conduct a monitoring and
notification program for the listed waters based on a
priority ranking established by the Administrator using
funds appropriated for grants under subsection (i)--
[(1)]
(A) to conduct monitoring and notification;
and
[(2)]
(B) for related salaries, expenses, and
travel.
(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 2009, 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 2009, 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.
(i) Authorization of Appropriations.--There is authorized to
be appropriated for making grants under subsection (b),
including implementation of monitoring and notification
programs by the Administrator under subsection (h),
[$30,000,000 for each of fiscal years 2001 through 2005]
$60,000.000 for each fiscal years 2009 through 2013.
Sec. 501. (a) The Administrator is authorized to prescribe
such regulations as are necessary to carry out his functions
under this Act.
(b) * * *
* * * * * * *
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) The term ``State water pollution control agency''
means the State agency designated by the Governor
having responsibility for enforcing State laws relating
to the abatement of pollution.
(2) * * *
* * * * * * *
(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.
BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000
* * * * * * *
Sec. 8. Authorization of Appropriations.--There are
authorized to be appropriated to carry out the provisions of
this Act, including the amendments made by this Act, for which
amounts are not otherwise specifically authorized to be
appropriated, such sums as are necessary for each of fiscal
years 2001 through [2005] 2013.
* * * * * * *
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