S 878 IS

To amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes.CommentsClose CommentsPermalink

April 23, 2009CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself and, Mr. VOINOVICH, Mr. MENENDEZ, Mrs. BOXER, Mrs. FEINSTEIN, Mr. WHITEHOUSE, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Clean Coastal Environment and Public Health Act of 2009’. CommentsClose CommentsPermalink

SEC. 2. FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS.

(a) Adoption of New or Revised Criteria and Standards- Section 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)’. CommentsClose CommentsPermalink





(b) Revised Criteria for Coastal Recreation Waters- Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘methods, as appropriate’ and inserting ‘methods, including the use of rapid testing methods’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(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)in developing the new or revised water quality criteria.’. CommentsClose CommentsPermalink





(c) Source Identification- CommentsClose CommentsPermalink





(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 ‘methods for monitoring protocols that are most likely to detect pathogenic contamination’. CommentsClose CommentsPermalink





(2) STATE REPORTS; SOURCE TRACKING- Section 406(b) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is amended-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(5) CONTENTS OF MONITORING AND NOTIFICATION PROGRAMS- For the purposes of this section, a program for monitoring, assessment, and notification shall include monitoring consistent with the, consistent with performance criteria published by the Administrator under subsection (a), monitoring, public notification, 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.’. CommentsClose CommentsPermalink





(d) Use of Rapid Testing Methods- CommentsClose CommentsPermalink





(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 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,’. CommentsClose CommentsPermalink





(2) VALIDATION AND USE OF RAPID TESTING METHODS- CommentsClose CommentsPermalink





(A) VALIDATION OF RAPID TESTING METHODS- Not 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 303(i)(14(a)(9)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(i)(14(a)(9)(A)). CommentsClose CommentsPermalink





(B) GUIDANCE FOR USE OF RAPID TESTING METHODS- CommentsClose CommentsPermalink





(i) IN GENERAL- 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. CommentsClose CommentsPermalink





(ii) PRIORITIZATION- 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. CommentsClose CommentsPermalink





(3) DEFINITION OF RAPID TESTING METHOD- Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(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 2 hours after the commencement of the rapid4 hours after receipt of the applicable sample by the testing methodfacility.’. CommentsClose CommentsPermalink





(e) Notification of Federal, State, and Local Agencies; Content of State and Local Programs- Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (5)-- CommentsClose CommentsPermalink





(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,’; CommentsClose CommentsPermalink





(B) by striking subparagraph (A) and inserting the following: CommentsClose CommentsPermalink





‘(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 CommentsClose 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





(2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; CommentsClose CommentsPermalink





(3) by inserting after paragraph (5) the following: CommentsClose CommentsPermalink





‘(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;’; CommentsClose CommentsPermalink





(4) in paragraph (7) (as redesignated by paragraph (2))-- CommentsClose CommentsPermalink





(A) by striking ‘the posting’ and inserting ‘the immediate posting’; and CommentsClose CommentsPermalink





(B) by striking ‘and’ at the end; CommentsClose CommentsPermalink





(5) in paragraph (8) (as redesignated by paragraph (2)), by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(6) by adding at the end the following: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) is publicly accessible and searchable on the Internet; CommentsClose CommentsPermalink





‘(B) is organized by beach or similar point of access; 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; and CommentsClose CommentsPermalink





‘(D) is updated within 24 hours of the availability of revised information; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(11) measures that inform the public of identified sources of pathogenic contamination; and CommentsClose CommentsPermalink





‘(12) analyses of monitoring protocols to determine which protocols are most likely to detect pathogenic contamination.’. CommentsClose CommentsPermalink





(f) National List of Beaches- 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: CommentsClose CommentsPermalink





‘(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).’. CommentsClose CommentsPermalink





(g) Compliance Review- Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended-- CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; CommentsClose CommentsPermalink





(2) by striking ‘In the’ and inserting the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the’; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) prepare a written assessment of compliance with-- CommentsClose CommentsPermalink





‘(i) all statutory and regulatory requirements of this section for each State and local government; and CommentsClose CommentsPermalink





‘(ii) conditions of each grant made under this section to a State or local government; CommentsClose CommentsPermalink





‘(B) notify the State or local government of each such assessment; and CommentsClose CommentsPermalink





‘(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. 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) 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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B) submit to Congress a report on the results of the review.’. CommentsClose CommentsPermalink





(h) Authorization of Appropriations- Section 406(i) of the Federal Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking ‘$30,000,000 for each of fiscal years 2001 through 2005’ and inserting ‘$60,000,000 for each of fiscal years 2009 through 2013’. CommentsClose CommentsPermalink

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT.

Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by striking ‘2005’ and inserting ‘2013’. CommentsClose CommentsPermalink

SEC. 4. STUDY OF GRANT DISTRIBUTION FORMULA.

(a) Study- 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. CommentsClose CommentsPermalink





(b) Contents- In conducting the study, the Administrator under this section, the Administrator shall considertake into consideration-- CommentsClose CommentsPermalink





(1) the base cost to States of developing and maintaining water quality monitoring and notification programs; CommentsClose CommentsPermalink





(2) the varioused beach monitoring and notification needs of each Statethe States, including beach mileage, beach usage, and length of beach season; and CommentsClose CommentsPermalink





(3) such other factors as the Administrator that the Administrator determines to be appropriate. CommentsClose CommentsPermalink





(c) Consultation- In conducting the study, the Administrator under this section, the Administrator shall consult with appropriate Federal, State, and local agencies. CommentsClose CommentsPermalink





(d) Report- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report onnd the Committee on Environment and Public Works of the Senate a report describing the results of the study under this section, including any recommendations for revision of the distribution formula referred to in subsection (a). CommentsClose CommentsPermalink

SEC. 5. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION WATERS.

(a) Study- The Administrator shall conduct a study on the long-term impact of climate change on pollution of coastal recreation waters. CommentsClose CommentsPermalink





(b) Report- CommentsClose CommentsPermalink





(1) IN GENERAL- 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). CommentsClose CommentsPermalink





(2) INFORMATION ON POTENTIAL CONTAMINANT IMPACTS- The report shall include information on potential contaminant impacts on-- CommentsClose CommentsPermalink





(A) ground and surface water resources; and CommentsClose CommentsPermalink





(B) public and ecosystem health in coastal communities. CommentsClose CommentsPermalink





(3) MONITORING- The report shall-- CommentsClose CommentsPermalink





(A) address monitoring required to document and assess changing conditions of coastal water resources, recreational waters, and ecosystems; and CommentsClose CommentsPermalink





(B) review the current ability to assess and forecast impacts associated with long-term climate 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 the impacts and effects described in paragraphs (2) and (3) 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

SEC. 6. IMPACT OF ALGAENUTRIENTS ON POLLUTION OF COASTAL RECREATION WATERS.

(a) Study- The Administrator shall conduct a study of available scientific information relating to the impacts of nutrient excesses and algal blooms on coastal recreation waters. CommentsClose CommentsPermalink





(b) Report- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a study on the impact of algaereport on the results of the study conducted under subsection (a). CommentsClose CommentsPermalink





(2) INCLUSIONS- The report under paragraph (1) shall include-- CommentsClose CommentsPermalink





(A) information regarding the impacts of nutrient excesses and algal blooms on coastal recreation waters.

(b) Content- In preparing the study under this section, the Administrator shall--

(1) quantify the levels of algae that cause problems at recreational beaches;

(2) quantify the concentrations of phosphorus that may be associated with algae problems;

(3) provide recommendations with respect to whether targets of the International Joint Commission for phosphorus in the Great Lakes should and coastal communities; and CommentsClose CommentsPermalink




(B) recommendations of the Administrator for actions to be updated; and(4) propose numericalcarried out by the Administrator to address those impacts, including, if applicable, through the establishment of numeric water quality criteria for phosphorus in the Great Lakes.. CommentsClose CommentsPermalink





(3) CONSULTATION- 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. CommentsClose CommentsPermalink