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H.R.2537 - Beach Protection Act of 2008
To amend the Federal Water Pollution Control Act relating to beach monitoring, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||1,157||n/a||n/a|
|Reported in House||2,038||57||66%|
|Engrossed in House||2,725||49||58%|
|Referred in Senate||2,715||5 Show Changes Hide Changes||1%|
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April 17, 2008
SECTION 1. SHORT TITLE.
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.
`(3) SOURCE IDENTIFICATION PROGRAMS- In carrying out a monitoring and notification program, a State or local government may develop and implement a coastal recreation waters pollution source identification and tracking program for coastal recreation waters adjacent to beaches or similar points of access that are used by the public and are not meeting applicable water quality standards for pathogens and pathogen indicators. If, in carrying out such source identification and tracking program, a source of pathogenic contamination is identified by such State or local government, such State or local government shall make information on the existence of such source available to the public on the Internet within 24 hours of the identification of such source.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 406(i) of such Act (
(c) Prohibition on Earmarks- None of the funds appropriated pursuant to section 406(i) of such Act (
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT.
SEC. 4. STATE REPORTS.
Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act (as redesignated by section (2)(a)(1) of this Act) is amended by inserting `and all environmental agencies of the State with authority to prevent or treat sources of pollution in coastal recreation waters' after `public'.CommentsClose CommentsPermalink
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs- Section 406(c)(4)(A) of the Federal Water Pollution Control Act (
(1) VALIDATION OF RAPID TESTING METHODS- Not later than October 1, 2010, the Administrator of the Environmental Protection Agency 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 303(i)(1)(A).CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after completion of the validation under paragraph (1), 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 exceeding of applicable water quality standards for pathogens and pathogen indicators.CommentsClose CommentsPermalink
(B) PRIORITIZATION- In developing such guidance, the Administrator shall prioritize the use of rapid testing methods at those beaches or similar points of access that are the most used by the public.CommentsClose CommentsPermalink
`(25) 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 6 hours after a water quality sample is received by the testing facility.'.CommentsClose CommentsPermalink
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.
(A) by inserting `(i) in the case of any State in which the Administrator is administering the program under section 402,' before `the Administrator' the first place it appears; andCommentsClose CommentsPermalink
`(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';CommentsClose CommentsPermalink
`(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 exceeding of applicable water quality standards for pathogens and pathogen indicators;'.CommentsClose CommentsPermalink
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
`(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--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(10) measures for the immediate posting of signs at beaches or similar points of access that are sufficient to give public notice following the results of any water quality sample that demonstrates an exceeding of applicable water quality standards for pathogens and pathogen indicators for the coastal recreation waters adjacent to such beaches or similar points of access; andCommentsClose CommentsPermalink
`(11) measures to ensure that closures or advisories are made or issued within 24 hours after the State government determines that any coastal recreation waters in the State are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators.'.CommentsClose CommentsPermalink
SEC. 8. COMPLIANCE REVIEW.
`(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;CommentsClose CommentsPermalink
`(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 of 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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA.
(a) Study- Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall commence a study of the formula for the distribution of grants under section 406 of the Federal Water Pollution Control Act (
(b) Contents- In conducting the study, the Administrator shall consider the base cost to States of developing and maintaining water quality monitoring and notification programs, the States' varied beach monitoring and notification needs, including beach mileage, beach usage, and length of beach season, and other factors that the Administrator determines to be appropriate.CommentsClose CommentsPermalink
(d) Report- Not later than 12 months 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 on the results of the study, including any recommendation for revision of the distribution formula referred to in subsection (a).CommentsClose CommentsPermalink
SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.
`(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).'.CommentsClose CommentsPermalink
SEC. 11. ADOPTION OF NEW OR REVISED CRITERIA AND STANDARDS.
Section 303(i)(2)(A) of the Federal Water Pollution Control Act (
SEC. 12. USE OF MOLECULAR DIAGNOSTICS FOR MONITORING AND ASSESSING COASTAL RECREATION WATERS.
(a) Study- The Administrator of the Environmental Protection Agency shall conduct a study to assess the benefits of using molecular diagnostics for monitoring and assessing the quality of coastal recreation waters adjacent to beaches and similar points of access that are used by the public.CommentsClose CommentsPermalink
(1) to the extent practicable, evaluate the full range of available rapid testing methods, as defined by section 502 of the Federal Water Pollution Control Act (
(2) compare the use of molecular diagnostics to culture testing of same source water, including the time for obtaining results, accuracy of results, and future applicability.CommentsClose CommentsPermalink
(c) Partnerships- Notwithstanding chapter 63 of title 31, United States Code, the Administrator may award a grant or cooperative agreement to a public or private organization to assist the Administrator in carrying out the study.CommentsClose CommentsPermalink
(d) Report to Congress- Not later than 2 years after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study.CommentsClose CommentsPermalink
SEC. 13. MONITORING PROTOCOL FOR MERCURY.
(a) Review and Update of Existing Monitoring Protocols- The Administrator of the Environmental Protection Agency shall review and update existing monitoring protocols as necessary for mercury affecting the coastal recreation waters of the Great Lakes.CommentsClose CommentsPermalink
(b) Recommendations on Testing- In carrying out subsection (a), the Administrator shall 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.CommentsClose CommentsPermalink
(c) 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 (
SEC. 14. NATIONAL LIST OF BEACHES.
Section 406(g)(3) of the Federal Water Pollution Control Act (
SEC. 15. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION WATERS.
(a) Study- The Administrator of the Environmental Protection Agency shall conduct a study on the long-term impact of climate change on pollution of coastal recreation waters.CommentsClose CommentsPermalink
(1) 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 subsection (a).CommentsClose CommentsPermalink
(2) INFORMATION ON POTENTIAL CONTAMINANT IMPACTS- The report shall include information on potential contaminant impacts on ground and surface water resources as well as ecosystem and public health in coastal communities.CommentsClose CommentsPermalink
(3) MONITORING- The report shall address monitoring required to document and assess changing conditions of coastal water resources, recreational waters, and ecosystems and review the current ability to assess and forecast impacts associated with long-term change.CommentsClose CommentsPermalink
(4) 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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