[House Report 106-98]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-98
=======================================================================
BEACHES ENVIRONMENTAL ASSESSMENT, CLEANUP, AND HEALTH ACT OF 1999
_______
April 19, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 999]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 999) to amend the Federal Water
Pollution Control Act to improve the quality of coastal
recreation waters, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment,
Cleanup, and Health Act of 1999''.
SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND
STANDARDS BY STATES.
Section 303 of the Federal Water Pollution Control Act (33 U.S.C.
1313) is amended by adding at the end the following:
``(i) Coastal Recreation Water Quality Criteria and Standards.--
``(1) Adoption by states.--
``(A) Initial criteria and standards.--Not later than
3\1/2\ years after the date of enactment of this
subsection, each State having coastal recreation waters
shall adopt and submit to the Administrator water
quality criteria and standards for such waters for
those pathogens and pathogen indicators for which the
Administrator has published criteria under section
304(a).
``(B) New or revised standards.--Not later than 3
years 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 such waters for all pathogens and pathogen
indicators for which the Administrator publishes new or
revised water quality criteria.
``(2) Failure of states to adopt.--If a State has not
complied with paragraph (1)(A) by the date specified in
paragraph (1)(A), the Administrator shall promptly prepare and
publish proposed regulations for the State setting forth
revised or new water quality standards for coastal recreation
waters for the pathogens and pathogen indicators subject to
paragraph (1)(A). If the Administrator prepares and publishes
such regulations under subsection (c)(4)(B) before the date
specified in paragraph (1)(A), the Administrator shall
promulgate any revised or new standard under this paragraph not
later than the date specified in paragraph (1)(A).
``(3) Savings clause.--Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection.''.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies.--Section 104 of the Federal Water Pollution Control Act
(33 U.S.C. 1254) is amended by adding at the end the following:
``(v) Studies Concerning Pathogen Indicators in Coastal Recreation
Waters.--Not later than 3 years after the date of enactment of this
subsection, and after consultation and collaboration with appropriate
Federal, State, and local officials (including local health officials)
and other interested persons, the Administrator shall conduct, in
cooperation with the heads of other Federal agencies, studies to
provide additional information for use in developing--
``(1) a more complete determination of potential human health
risks resulting from exposure to pathogens in coastal
recreation waters, including effects to the upper respiratory
system;
``(2) appropriate and effective indicators for improving
detection in a timely manner in coastal recreation waters of
the presence of pathogens that are harmful to human health;
``(3) appropriate, accurate, expeditious, and cost-effective
methods (including predictive models) for detecting in a timely
manner in coastal recreation waters the presence of pathogens
that are harmful to human health; and
``(4) guidance for State application of the criteria for
pathogens and pathogen indicators to be issued under section
304(a)(9) to account for the diversity of geographic and
aquatic conditions.''.
(b) Revised criteria.--Section 304(a) of such Act (33 U.S.C. 1314(a))
is amended by adding at the end the following:
``(9) Revised criteria for coastal recreation waters.--
``(A) In general.--Not later than 4 years after the
date of enactment of this paragraph, and after
consultation and collaboration with appropriate
Federal, State, and local officials (including local
health officials), the Administrator shall issue new or
revised water quality criteria for pathogens and
pathogen indicators (including a revised list of
testing methods, as appropriate) 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.--At least once every 5 years after the
date of issuance of water quality criteria under this
paragraph, the Administrator shall review and, as
necessary, revise the water quality criteria.''.
SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341-
1345) is amended by adding at the end the following:
``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
``(a) Monitoring and notification.--Not later than 18 months after
the date of enactment of this section, after consultation and
collaboration with appropriate Federal, State, and local officials
(including local health officials), and after providing public notice
and an opportunity for comment, the Administrator shall publish
performance criteria for--
``(1) monitoring (including specifying available methods for
monitoring) coastal recreation waters adjacent to beaches (or
other points of access) that are open to the public for
attainment of applicable water quality standards for pathogens
and pathogen indicators and for protection of public safety
from floatable materials; and
``(2) promptly notifying the public, local governments, and
the Administrator of any exceedance of applicable water quality
standards for coastal recreation waters described in paragraph
(1) (or the immediate likelihood of such an exceedance).
The performance criteria shall provide for the activities described in
paragraphs (1) and (2) to be carried out as necessary for the
protection of public health and safety.
``(b) Program Development and Implementation Grants.--
``(1) In general.--The Administrator shall make grants to
States and local governments for the purpose of developing and
implementing programs for monitoring and notification, as
provided in paragraphs (2) and (3).
``(2) State programs.--
``(A) In general.--The Administrator shall make
grants to a State for developing and implementing a
program for monitoring and notification to protect
public health and safety that meets the performance
criteria established under subsection (a) for coastal
recreation waters adjacent to beaches (or other points
of access) that are open to the public and are subject
to the jurisdiction of the State.
``(B) Requirements.--The Administrator shall make
grants for implementation of a program of a State under
subparagraph (A) only if the Administrator determines
that--
``(i) the program has been developed through
a process that provides for public notice and
an opportunity for comment;
``(ii) the program meets the performance
criteria under subsection (a), based on a
review of the program, including information
provided by the State under clause (iii); and
``(iii) the program--
``(I) identifies coastal recreation
waters within the jurisdiction of the
State;
``(II) identifies those coastal
recreation waters adjacent to beaches
(or other points of access) that are
open to the public and subject to the
jurisdiction of the State and that are
covered by the program;
``(III) identifies those coastal
recreation waters covered by the
program that would be given a priority
for monitoring and notification if
fiscal constraints prevent compliance
at all coastal recreation waters
covered by the program with the
performance criteria established under
subsection (a);
``(IV) identifies the process for
making any delegation of responsibility
for implementing the program to local
governments, the local governments, if
any, to which the State has delegated
or intends to delegate such
responsibility, and the coastal
recreation waters covered by the
program that are or would be the
subject of such delegation;
``(V) specifies the frequency of
monitoring based on the periods of
recreational use of such waters and the
nature and extent of use during such
periods;
``(VI) specifies the frequency and
location of monitoring based on the
proximity of such waters to known point
and nonpoint sources of pollution and
in relation to storm events;
``(VII) specifies which methods will
be used for detecting levels of
pathogens and pathogen indicators that
are harmful to human health and for
identifying short-term increases in
pathogens and pathogen indicators that
are harmful to human health in coastal
recreation waters, including in
relation to storm events;
``(VIII) specifies measures for
prompt communication of the occurrence,
nature, location, pollutants involved,
and extent of such an exceedance (or
the immediate likelihood of such an
exceedance) to the Administrator and a
designated official of a local
government having jurisdiction over
land adjoining the coastal recreation
waters covered by the State program for
which an exceedance is identified; and
``(IX) specifies measures for posting
of signs at the beach (or other point
of access), or functionally equivalent
communication measures, sufficient to
give notice to the public of an
exceedance (or the immediate likelihood
of an exceedance) of applicable water
quality criteria for pathogens and
pathogen indicators for such waters and
the potential risks associated with
water contact activities in such
waters.
``(3) Local programs.--
``(A) In general.--The Administrator shall make a
grant to a local government for developing and
implementing a program for monitoring and notification
to protect public health and safety that meets the
performance criteria established under subsection (a)
for coastal recreation waters adjacent to beaches (or
other points of access) that are open to the public and
subject to the jurisdiction of the local government.
``(B) Requirements.--The Administrator shall make
grants for implementation of a local government program
under subparagraph (A) only if the Administrator
determines that--
``(i) the State in which the local government
is located did not submit a grant application
meeting the requirements of paragraph (2)(B)
within one year following the date of
publication of performance criteria under
subsection (a);
``(ii) the local government program has been
developed through a process that provides for
public notice and an opportunity for comment;
``(iii) the local government program meets
the performance criteria under subsection (a),
based on a review of the local government
program, including information provided by the
local government under paragraph (2)(B)(iii);
and
``(iv) the local government program addresses
the matters identified in paragraph (2)(B)(iii)
with respect to such waters.
``(4) List of waters.--Following receipt of a grant under
this subsection, a State or local government shall apply the
prioritization established by the State or local government
under paragraph (2)(B)(iii)(III) and promptly submit to the
Administrator--
``(A) 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 where
the performance criteria under subsection (a) will be
met; and
``(B) 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 where
fiscal constraints will prevent compliance with the
performance criteria under subsection (a).
``(5) Federal share.--The Federal share of the cost of
developing and implementing a monitoring and notification
program under this subsection shall be not less than 50 percent
nor more than 100 percent, as determined by the Administrator.
The non-Federal share of such cost may be met through in-kind
contributions.
``(6) Delegation.--If a State delegates responsibility for
monitoring and notification under this subsection to a local
government, the State shall make a portion of any grant
received by the State under paragraph (2) available to the
local government in an amount commensurate with the
responsibilities delegated.
``(c) Information Database.--The Administrator shall establish,
maintain, and make available to the public by electronic and other
means a national coastal recreation water pollution occurrence database
that provides information on exceedances of applicable water quality
standards for pathogens and pathogen indicators for coastal recreation
waters using information reported to the Administrator pursuant to a
monitoring and notification program that meets the performance criteria
established under subsection (a). The Administrator may include in the
database information made available to the Administrator from other
coastal water quality monitoring programs determined to be reliable by
the Administrator. The database may provide information through
electronic links to other databases determined to be reliable by the
Administrator.
``(d) Technical Assistance.--The Administrator shall provide
technical assistance to States and local governments for the
development of assessment and monitoring procedures for floatable
materials to protect public health and safety in coastal recreation
waters.
``(e) List of Waters.--Beginning not later than 18 months after the
date of publication of performance criteria under subsection (a), the
Administrator shall maintain a list of discrete areas of coastal
recreation waters adjacent to beaches (or other points of access) that
are open to the public and are not subject to a program for monitoring
and notification meeting the performance criteria established under
subsection (a) based on information made available to the
Administrator. The list also shall identify discrete areas of coastal
recreation waters adjacent to beaches (or other points of access) that
are open to the public and are subject to a monitoring and notification
program meeting the performance criteria established under subsection
(a). The Administrator shall make the list available to the public
through publication in the Federal Register and through electronic
media. The Administrator shall update the list at least annually.
``(f) EPA Implementation.--After the last day of the 3-year period
beginning on the date the Administrator identifies a discrete area of
coastal recreation waters adjacent to beaches (or other points of
access) that are open to the public and are not subject to a monitoring
and notification program meeting the performance criteria established
under subsection (a), the Administrator shall conduct such a monitoring
and notification program for the discrete area using the funds
appropriated for grants under subsection (b), including salaries,
expenses, and travel. The Administrator's duties under this paragraph
shall be limited to the activities that can be performed using such
funds.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for making grants to States and local governments under
subsection (b), including implementation of monitoring and notification
programs by the Administrator under subsection (f), $30,000,000 for
each of fiscal years 2000 through 2004.''.
SEC. 5. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(21) Coastal recreation waters.--The term `coastal
recreation waters' means the Great Lakes and marine coastal
waters, including estuaries, used by the public for swimming,
bathing, surfing, or other similar water contact activities.
``(22) Floatable materials.--The term `floatable materials'
means any foreign matter that may float or remain suspended in
the water column and includes plastic, aluminum cans, wood
products, bottles, and paper products.
``(23) Pathogen indicators.--The term `pathogen indicators'
means substances that indicate the potential for human
infectious disease.''.
SEC. 6. REPORT TO CONGRESS.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, and within the succeeding 4-year period and periodically
thereafter, the Administrator of the Environmental Protection Agency
shall transmit to Congress a report including--
(1) recommendations concerning the need for additional water
quality criteria for pathogens and other actions needed to
improve the quality of coastal recreation waters;
(2) an evaluation of Federal, State, and local efforts to
implement this Act, including the amendments made by this Act;
and
(3) recommendations on improvements to methodologies and
techniques for monitoring of coastal recreation waters.
(b) Coordination.--The Administrator may coordinate the report under
this section with other reporting requirements under the Federal Water
Pollution Control Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
provisions of this Act (including amendments made by this Act) for
which amounts are not otherwise specifically authorized to be
appropriated such sums as may be necessary for each of fiscal years
2000 through 2004.
Summary and Purpose
H.R. 999, the ``Beaches Environmental Assessment, Cleanup,
and Health Act of 1999,'' provides for States to update their
water quality standards to incorporate criteria for protecting
human health from pathogens in coastal recreation waters. The
bill also sets up a grant program to provide funding for States
to develop and implement programs for monitoring for and
notification to the public of exceedances of water quality
standards for pathogens in coastal recreation waters.
Background and Need for Legislation
Each year over 180 million people visit our nation's
coastal waters for recreational purposes. This activity
supports over 28 million jobs and leads to investments of over
$50 billion in goods and services. It is important to give the
public confidence in the quality of our nation's coastal
waters. This confidence is important not only to each citizen
who swims or surfs, but also to the tourism and recreation
industries that rely on safe and swimmable coastal waters.
Currently, there are several problems or potential problems
with ensuring the safety of our coastal recreation waters. Only
16 States have adopted the Environmental Protection Agency's
(EPA's) 1986 criteria for pathogens in coastal recreation
waters, and have incorporated these into their water quality
standards. Other States may be using outdated criteria. EPA's
1986 criteria need to be updated to improve the scientific
basis for identifying pathogens in coastal recreation waters.
Not all States monitor their coastal recreation waters to
ensure compliance with water quality standards for pathogens.
In addition, although EPA has established a public, electronic
database of beach water quality, there is not currently
available a comprehensive source of information about the
quality of all our coastal recreation waters.
Water Quality Criteria and Standards
Under current section 304(a) of the Clean Water Act, EPA
has the responsibility to establish water quality criteria for
all waters and uses, including human health criteria for
recreational uses of coastal waters. Federal water quality
criteria serve as guidance to States and Tribes in adopting and
revising State and Tribal water quality criteria and water
quality standards under section 303 of the Clean Water Act.
Under current Clean Water Act regulations, States and Tribes
may adopt the Federal criteria as their own, may modify the
Federal criteria to reflect site-specific conditions, or may
base their water quality criteria on other scientifically
defensible methods. 40 C.F.R. 131.11(b)(1). If EPA determines
that a State's or Tribe's water quality standards are not
consistent with the applicable requirements of the Clean Water
Act, EPA has the authority to promulgate Federal standards for
that State or Tribe.
In 1986, EPA revised its human health water quality
criteria for bacteria in recreational waters. Not all States
and Tribes with Clean Water Act authority have adopted these
revised criteria. Moreover, the 1986 revised bacteria criteria
are inadequate indicators for determining the human health risk
from all microorganisms, including viruses or other pathogens
such as giardia or cryptosporidium. In an Advanced Notice of
Proposed Rulemaking dated July 7, 1998, EPA stated that it is
currently evaluating how it may develop human health criteria
for protection from these microorganisms. To do so, EPA is
considering conducting additional research and is seeking
public comment on these issues.
Water Quality Monitoring
Coastal water quality monitoring is currently conducted by
the National Oceanic and Atmospheric Administration (NOAA),
EPA, and the United States Geological Survey (USGS) and various
state and local organizations. This monitoring is not uniform.
For example, New Jersey, with its history of beach closings,
conducts extensive monitoring of all of its coastal beaches.
Some States do not conduct extensive monitoring.
Public Information on Coastal Water Quality
Currently, EPA, through its BEACH program, has an Internet
web site that provides beach water quality information.
However, this information is provided to EPA on a voluntary
basis by State and local governments and is limited. EPA does
not have a comprehensive picture of the status of coastal
recreation waters.
Conclusion
The bill addresses the problem of inconsistent State water
quality standards by requiring States to incorporate water
quality criteria for pathogens in coastal recreation waters
into their water quality standards within 3\1/2\ years so that
the State standards are consistent with the requirements of the
Clean Water Act. This has been interpreted to mean that State
water quality criteria must be at least as protective of human
health as EPA's water quality criteria. EPA must promulgate
water quality standards for the State if the State fails to
meet this deadline.
The bill addresses the problem of outdated water quality
criteria by requiring EPA to conduct research and to issue
updated criteria for pathogens within 4 years. States are then
given an additional 3 years to incorporate these updated
criteria into State water quality standards.
The bill addresses the problem of the lack of coastal water
quality monitoring, or inadequate monitoring, in some coastal
areas, by setting up a program to provide States and local
governments with grants to develop and implement programs to
monitor for pathogens in coastal recreation waters and to
notify the public, local government officials, and EPA, of
exceedances of water quality criteria for pathogens. Only
programs that meet the performance criteria, which are to be
developed by EPA through a public process that includes
consultation and collaboration with State and local officials,
are eligible for Federal grants.
Finally, the bill addresses the lack of information on
beach water quality by requiring States and local governments
that receive grants to report information on beach water
quality to the Administrator, and by requiring EPA to make that
information publicly available. The bill also requires EPA to
maintain lists of coastal recreation waters where monitoring is
necessary to protect public health and safety, and to identify
discrete areas that are and are not covered by a monitoring and
notification program that meets the national performance
criteria.
Discussion of Committee Bill and Section-by-Section Analysis
Section 1. Short title
Provides that the Act may be cited as the ``Beaches
Environmental Assessment, Cleanup, and Health Act of 1999.''
Section 2. Adoption of coastal recreation water quality criteria and
standards by states
Amends section 303 of the Clean Water Act to add a new
subsection (i) to require States to adopt coastal recreation
water quality criteria published by EPA to protect human health
from pathogens and incorporate these criteria into State
standards in accordance with the requirements of section 303(c)
(of current law) within 3\1/2\ years of the date of enactment.
If a State fails to act, this provision requires EPA to
promulgate standards for the State that incorporate these
criteria. This section also provides a 3-year deadline for
States to incorporate any new or revised criteria for pathogens
and pathogen indicators in coastal recreation waters into their
State water quality standards.
The Committee intends that the legal standard for
determining when a State water quality standard is consistent
with the applicable requirements of the Clean Water Act be
governed by the existing requirements of section 303(c) of the
Clean Water Act, and the regulations implementing that section.
This standard has been interpreted to mean that State water
quality criteria must be at least as protective of human health
as EPA's water quality criteria. Thus, a State must incorporate
into its water quality standards water quality criteria for
pathogens and pathogen indicators that are at least as
protective as criteria EPA has published under section 304(a),
including EPA's 1986 criteria for enterococcus and Escherichia
coli.
Section 3. Revisions to water quality criteria
Amends section 104 of the Clean Water Act to add a new
subsection (v) to require EPA to conduct studies to improve the
scientific basis for water quality criteria for pathogens and
pathogen indicators and to provide guidance to States on the
application of criteria for pathogens and pathogen indicators
to account for the diversity of geographic and aquatic
conditions.
Amends section 304(a) of the Clean Water Act to require EPA
to issue new and revised water quality criteria for pathogens
and pathogen indicators within 4 years of enactment.
Section 4. Coastal recreation water quality monitoring and notification
Amends title IV of the Clean Water Act to add a new section
406, as follows:
(a) Monitoring and Notification.--Requires EPA, within 18
months of enactment, to publish performance criteria for
monitoring coastal recreation waters and notifying the public,
local governments, and the Administrator of exceedances (or the
immediate likelihood of an exceedance) of applicable water
quality standards for such waters, as necessary for the
protection of public health and safety. EPA is required to
develop these performance criteria through a public process
that includes consultation and collaboration with appropriate
Federal, State and local officials. The purpose of the
performance criteria is to provide for a monitoring and
notification program where necessary for the protection of
public health and safety. The Committee expects EPA to include
criteria for determining what discrete areas of coastal
recreation waters do not need to be monitored to protect public
health and safety. The Committee recognizes that monitoring
will not be the same for all coastal recreation waters. For
example, monitoring will be different in Maine than it is in
Florida. The Committee expects the performance criteria
published under section 406(a) to lead to uniform levels of
protection, not uniform monitoring programs.
(b) Program Development and Implementation Grants.--
Requires EPA to make grants to States and local governments for
the purpose of developing and implementing programs for
monitoring and notification that meet the performance criteria
established under subsection (a) for coastal recreation waters
adjacent to beaches that are open to the public and subject to
the jurisdiction of the governmental entity seeking the grant.
To be eligible for a Federal implementation grant, the
monitoring and notification program submitted to EPA must
provide specific information listing coastal recreation waters
of a State or locality, the coastal recreation waters covered
by the program, priorities for monitoring, any contemplated
delegation to local governments, frequency of monitoring,
location of monitoring, test methods, and measures for
communicating to the public, the local government, and the
Administrator to give notice of an exceedance of water quality
standards (or immediate likelihood of an exceedance). If a
State does not submit a program that meets the EPA performance
criteria, a local government may develop and receive grants for
a local program that meets such criteria. EPA is authorized to
require a cost share of up to 50%. The Administrator may
exercise discretion in establishing any cost share
requirements. For example, it may be appropriate in certain
instances, such as the early stages of program development and
implementation, for EPA to provide 100% of program costs. The
Committee intends EPA to allocate funds appropriated for these
grants among coastal recreation waters adjacent to publicly
owned beaches (or other access points) based on needs and the
costs of monitoring these areas.
(c) Information Database.--Requires EPA to establish and
maintain a publicly available database of exceedances of water
quality standards for coastal recreation waters. The Committee
intends EPA to make this database readily accessible, including
posting on the Internet.
(d) Technical Assistance.--Requires EPA to provide
technical assistance to States and local governments regarding
assessment and monitoring procedures for floatable materials in
coastal recreation waters.
(e) List of Waters.--Requires EPA to maintain a publicly
available list of discrete areas of coastal recreation waters
that should be, but are not covered by a monitoring and
notification program that meets the EPA performance criteria.
The Committee intends EPA to include on this list those areas
for which EPA cannot confirm the existence of a monitoring and
notification program that meets the performance criteria,
except for those areas where EPA has determined that monitoring
is not necessary to protect public health and safety. EPA also
is required to maintain a publicly available list of discrete
areas that are covered by a monitoring and notification program
that meets the performance criteria. In developing these lists,
the Committee intends EPA to use reliable information provided
by States, local governments, other Federal agencies, or any
other person, as well as any information developed by EPA
itself. EPA is required to publish such lists in the Federal
Register and through electronic media. The Committee intends
that EPA post these lists on the Internet.
(f) EPA Implementation.--Requires EPA to implement a
program for monitoring and notification that meets the
performance criteria for discrete areas of coastal waters that
should be covered by such a program, but for which no such
program is being implemented by a State or local government. In
identifying such discrete areas, EPA is to use reliable
information provided by States, local governments, other
Federal agencies, or any other person, as well as any
information developed by EPA itself. Where EPA is implementing
the program, the Committee intends EPA to use those funds that
it had allocated for such discrete areas. EPA's duty to
implement a program is limited to activities that can be
performed using such funds.
(g) Authorization of Appropriations.--Authorizes
$30,000,000 each year for fiscal years 2000 through 2004 for
grants to States, tribes and local governments to implement
monitoring and notification programs, or EPA implementation if
a State, tribe, or local government fails to act.
Section 5. Definitions
Amends section 502 of the Clean Water Act to add
definitions for ``coastal recreation waters,'' ``floatable
materials,'' and ``pathogen indicators.'' The term ``coastal
recreation waters'' includes only waters that are adjacent to
the coastline of the United States. It does not include any
inland waters and does not extend beyond the mouth of any river
or stream having unimpaired natural connection with open sea.
Section 6. Report to Congress
Requires EPA to report to Congress on the implementation of
this Act, recommendations for additional water quality criteria
for pathogens, and recommendations for improvements in
monitoring. Such reporting is required within 4 years of
enactment, within 4 years thereafter, and periodically
thereafter.
Section 7. Authorization of appropriations
Authorizes such sums as may be necessary for EPA to carry
out the provisions of this Act, other than the grant program
authorized in new section 406 of the Clean Water Act.
Hearings
On August 6, 1998, the Water Resources and Environment
Subcommittee held a hearing on ``Beaches and Oceans
Legislation.'' Testimony was given by, among others,
Representative Bilbray (CA), Representative Pallone (NJ),
Representative Saxton (NJ), and Representative Farr (CA); Mr.
J. Charles Fox, Environmental Protection Agency; Ms. Sally
Yozell, National Oceanic and Atmospheric Administration, as
well as representatives of State and local agencies, and the
environmental community.
Committee Consideration
On April 15, 1999, the Subcommittee on Water Resources and
Environment adopted an amendment in the nature of a substitute
offered by Representatives Sherwood Boehlert and Robert Borski
and favorably reported the amended bill by unanimous voice
vote. The amendment made technical and clarifying changes,
moved specifications relating to monitoring and notification
programs from the EPA performance criteria to the State program
submissions, changed the cost share for grants to States and
local governments to develop and implement monitoring and
notification programs so as to allow between 50% and 100%
Federal funding, and increased the authorization of
appropriations for such grants to $30,000,000.
On April 15, 1999, the Committee reported the bill, as
amended by the Subcommittee, by unanimous voice vote.
Rollcall Votes
Clause 3(b) of rule XIII requires each committee report to
include the total number of votes cast for and against on each
rollcall vote on a motion to report and on any amendment
offered to the measure or matter, and the names of those
members voting for and against. There were no recorded votes
taken in connection with ordering H.R. 999 reported. A motion
by Mr. Boehlert to order H.R. 999 reported to the House,
without amendment, was unanimously agreed to by voice vote.
Cost of the Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. Pursuant to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, oversight findings and
recommendations have been made by the Committee as reflected in
this report.
2. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
3. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 999.
4. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 999
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 19, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 999, the Beaches
Environmental Assessment, Cleanup, and Health Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Kim Cawley
(for federal costs) and Lisa Cash Driskill (for the state and
local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 999--Beaches Environmental Assessment, Cleanup, and Health Act of
1999
Summary: H.R. 999 would amend the Federal Water Pollution
Control Act to require states to adopt water quality criteria
for coastal recreation waters consistent with those developed
by the Environmental Protection Agency (EPA) for the purpose of
protecting human health in coastal recreation waters (beaches).
The bill would authorize EPA to provide grants to states of $30
million annually over the 2000-2004 period to implement
programs to monitor the quality of coastal waters and to notify
the public of any conditions where beach water does not meet
the established standards. In addition, the legislation would
require EPA to issue new water quality criteria for
recreational coastal areas based on studies of potential human
health risks in these areas, make available to the public a
database of the water quality at coastal recreational areas,
and report to the Congress on the efforts under this program.
Because the bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply. H.R. 999
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 H.R. 999 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\.......................................... 3 0 0 0 0 0
Estimated Outlays............................................. 3 0 0 0 0 0
Proposed Changes:
Estimated Authorization Level................................. 0 34 34 34 34 34
Estimated Outlays............................................. 0 19 28 34 34 34
Spending Under H.R. 999:
Estimated Authorization Level \1\............................. 3 34 34 34 34 34
Estimated Outlays............................................. 3 19 28 34 34 34
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.
Basis of estimate: For purposes of this estimate, CBO
assumes that the bill will be enacted before the start of
fiscal year 2000 and that the full amounts authorized will be
appropriated for each fiscal year. Estimated outlays are based
on historical spending patterns of similar EPA programs.
The bill authorizes the appropriation of $30 million a year
for grants to states to implement programs to monitor and
report on beach water quality. Based on information from EPA,
CBO estimates that the agency would incur additional costs of
about $4 million annually over the 2000-2004 period to study
health hazards in coastal recreational waters, establish new
criteria for monitoring water quality for these waters, develop
a national database on pollution of beaches, and report to the
Congress on the effectiveness of this program.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 999
contains no intergovernmental mandates as defined in UMRA and
would impose no costs on state, local, or tribal governments.
While the bill would require states to establish acceptable
water quality standards for coastal areas within three and a
half years, if states choose not to establish these standards,
the EPA would do it for them. The bill would authorize $30
million annually from 2000 through 2004 for states and local
governments to implement eligible monitoring and notification
programs. If they choose not to implement these programs, the
EPA would be directed to use remaining money authorized by this
bill to provide those programs for them. Any costs incurred by
state and local governments to implement these programs would
be voluntary and conditions of receiving grant assistance.
Estimate prepared by: Federal Costs: Kim Cawley. Impact on
State, Local, and Tribal Governments: Lisa Cash Driskill.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
TITLE I--RESEARCH AND RELATED PROGRAMS
* * * * * * *
research, investigations, training, and information
Sec. 104. (a) * * *
* * * * * * *
(v) Studies Concerning Pathogen Indicators in Coastal
Recreation Waters.--Not later than 3 years after the date of
enactment of this subsection, and after consultation and
collaboration with appropriate Federal, State, and local
officials (including local health officials) and other
interested persons, the Administrator shall conduct, in
cooperation with the heads of other Federal agencies, studies
to provide additional information for use in developing--
(1) a more complete determination of potential human
health risks resulting from exposure to pathogens in
coastal recreation waters, including effects to the
upper respiratory system;
(2) appropriate and effective indicators for
improving detection in a timely manner in coastal
recreation waters of the presence of pathogens that are
harmful to human health;
(3) appropriate, accurate, expeditious, and cost-
effective methods (including predictive models) for
detecting in a timely manner in coastal recreation
waters the presence of pathogens that are harmful to
human health; and
(4) guidance for State application of the criteria
for pathogens and pathogen indicators to be issued
under section 304(a)(9) to account for the diversity of
geographic and aquatic conditions.
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
Water quality standards and implementation plans
Sec. 303. (a) * * *
* * * * * * *
(i) Coastal Recreation Water Quality Criteria and
Standards.--
(1) Adoption by states.--
(A) Initial criteria and standards.--Not
later than 3\1/2\ years after the date of
enactment of this subsection, each State having
coastal recreation waters shall adopt and
submit to the Administrator water quality
criteria and standards for such waters for
those pathogens and pathogen indicators for
which the Administrator has published criteria
under section 304(a).
(B) New or revised standards.--Not later than
3 years 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 such waters for all
pathogens and pathogen indicators for which the
Administrator publishes new or revised water
quality criteria.
(2) Failure of states to adopt.--If a State has not
complied with paragraph (1)(A) by the date specified in
paragraph (1)(A), the Administrator shall promptly
prepare and publish proposed regulations for the State
setting forth revised or new water quality standards
for coastal recreation waters for the pathogens and
pathogen indicators subject to paragraph (1)(A). If the
Administrator prepares and publishes such regulations
under subsection (c)(4)(B) before the date specified in
paragraph (1)(A), the Administrator shall promulgate
any revised or new standard under this paragraph not
later than the date specified in paragraph (1)(A).
(3) Savings clause.--Except as expressly provided by
this subsection, the requirements and procedures of
subsection (c) apply to this subsection.
information and guidelines
Sec. 304. (a)(1) * * *
* * * * * * *
(9) Revised criteria for coastal recreation waters.--
(A) In general.--Not later than 4 years after
the date of enactment of this paragraph, and
after consultation and collaboration with
appropriate Federal, State, and local officials
(including local health officials), the
Administrator shall issue new or revised water
quality criteria for pathogens and pathogen
indicators (including a revised list of testing
methods, as appropriate) 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.--At least once every 5 years
after the date of issuance of water quality
criteria under this paragraph, the
Administrator shall review and, as necessary,
revise the water quality criteria.
* * * * * * *
TITLE IV--PERMITS AND LICENSES
* * * * * * *
SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
(a) Monitoring and notification.--Not later than 18 months
after the date of enactment of this section, after consultation
and collaboration with appropriate Federal, State, and local
officials (including local health officials), and after
providing public notice and an opportunity for comment, the
Administrator shall publish performance criteria for--
(1) monitoring (including specifying available
methods for monitoring) coastal recreation waters
adjacent to beaches (or other points of access) that
are open to the public for attainment of applicable
water quality standards for pathogens and pathogen
indicators and for protection of public safety from
floatable materials; and
(2) promptly notifying the public, local governments,
and the Administrator of any exceedance of applicable
water quality standards for coastal recreation waters
described in paragraph (1) (or the immediate likelihood
of such an exceedance).
The performance criteria shall provide for the activities
described in paragraphs (1) and (2) to be carried out as
necessary for the protection of public health and safety.
(b) Program Development and Implementation Grants.--
(1) In general.--The Administrator shall make grants
to States and local governments for the purpose of
developing and implementing programs for monitoring and
notification, as provided in paragraphs (2) and (3).
(2) State programs.--
(A) In general.--The Administrator shall make
grants to a State for developing and
implementing a program for monitoring and
notification to protect public health and
safety that meets the performance criteria
established under subsection (a) for coastal
recreation waters adjacent to beaches (or other
points of access) that areopen to the public
and are subject to the jurisdiction of the State.
(B) Requirements.--The Administrator shall
make grants for implementation of a program of
a State under subparagraph (A) only if the
Administrator determines that--
(i) the program has been developed
through a process that provides for
public notice and an opportunity for
comment;
(ii) the program meets the
performance criteria under subsection
(a), based on a review of the program,
including information provided by the
State under clause (iii); and
(iii) the program--
(I) identifies coastal
recreation waters within the
jurisdiction of the State;
(II) identifies those coastal
recreation waters adjacent to
beaches (or other points of
access) that are open to the
public and subject to the
jurisdiction of the State and
that are covered by the
program;
(III) identifies those
coastal recreation waters
covered by the program that
would be given a priority for
monitoring and notification if
fiscal constraints prevent
compliance at all coastal
recreation waters covered by
the program with the
performance criteria
established under subsection
(a);
(IV) identifies the process
for making any delegation of
responsibility for implementing
the program to local
governments, the local
governments, if any, to which
the State has delegated or
intends to delegate such
responsibility, and the coastal
recreation waters covered by
the program that are or would
be the subject of such
delegation;
(V) specifies the frequency
of monitoring based on the
periods of recreational use of
such waters and the nature and
extent of use during such
periods;
(VI) specifies the frequency
and location of monitoring
based on the proximity of such
waters to known point and
nonpoint sources of pollution
and in relation to storm
events;
(VII) specifies which methods
will be used for detecting
levels of pathogens and
pathogen indicators that are
harmful to human health and for
identifying short-term
increases in pathogens and
pathogen indicators that are
harmful to human health in
coastal recreation waters,
including in relation to storm
events;
(VIII) specifies measures for
prompt communication of the
occurrence, nature, location,
pollutants involved, and extent
of such an exceedance (or the
immediate likelihood of such an
exceedance) to the
Administrator and a designated
official of a local government
having jurisdiction over land
adjoining the coastal
recreation waters covered by
the State program for which an
exceedance is identified; and
(IX) specifies measures for
posting of signs at the beach
(or other point of access), or
functionally equivalent
communication measures,
sufficient to give notice to
the public of an exceedance (or
the immediate likelihood of an
exceedance) of applicable water
quality criteria for pathogens
and pathogen indicators for
such waters and the potential
risks associated with water
contact activities in such
waters.
(3) Local programs.--
(A) In general.--The Administrator shall make
a grant to a local government for developing
and implementing a program for monitoring and
notification to protect public health and
safety that meets the performance criteria
established under subsection (a) for coastal
recreation waters adjacent to beaches (or other
points of access) that are open to the public
and subject to the jurisdiction of the local
government.
(B) Requirements.--The Administrator shall
make grants for implementation of a local
government program under subparagraph (A) only
if the Administrator determines that--
(i) the State in which the local
government is located did not submit a
grant application meeting the
requirements of paragraph (2)(B) within
one year following the date of
publication of performance criteria
under subsection (a);
(ii) the local government program has
been developed through a process that
provides for public notice and an
opportunity for comment;
(iii) the local government program
meets the performance criteria under
subsection (a), based on a review of
the local government program, including
information provided by the local
government under paragraph (2)(B)(iii);
and
(iv) the local government program
addresses the matters identified in
paragraph (2)(B)(iii) with respect to
such waters.
(4) List of waters.--Following receipt of a grant
under this subsection, a State or local government
shall apply the prioritization established by the State
or local government under paragraph (2)(B)(iii)(III)
and promptly submit to the Administrator--
(A) 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 where the
performance criteria under subsection (a) will
be met; and
(B) 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 where fiscal
constraints will prevent compliance with the
performance criteria under subsection (a).
(5) Federal share.--The Federal share of the cost of
developing and implementing a monitoring and
notification program under this subsection shall be not
less than 50 percent nor more than 100 percent, as
determined by the Administrator. The non-Federal share
of such cost may be met through in-kind contributions.
(6) Delegation.--If a State delegates responsibility
for monitoring and notification under this subsection
to a local government, the State shall make a portion
of any grant received by the State under paragraph (2)
available to the local government in an amount
commensurate with the responsibilities delegated.
(c) Information Database.--The Administrator shall establish,
maintain, and make available to the public by electronic and
other means a national coastal recreation water pollution
occurrence database that provides information on exceedances of
applicable water quality standards for pathogens and pathogen
indicators for coastal recreation waters using information
reported to the Administrator pursuant to a monitoring and
notification program that meets the performance criteria
established under subsection (a). The Administrator may include
in the database information made available to the Administrator
from other coastal water quality monitoring programs determined
to be reliable by the Administrator. The database may provide
information through electronic links to other databases
determined to be reliable by the Administrator.
(d) Technical Assistance.--The Administrator shall provide
technical assistance to States and local governments for the
development of assessment and monitoring procedures for
floatable materials to protect public health and safety in
coastal recreation waters.
(e) List of Waters.--Beginning not later than 18 months after
the date of publication of performance criteria under
subsection (a), the Administrator shall maintain a list of
discrete areas of coastal recreation waters adjacent to beaches
(or other points of access) that are open to the public and are
not subject to a program for monitoring and notification
meeting the performance criteria established under subsection
(a) based on information made available to the Administrator.
The list also shall identify discrete areas of coastal
recreation waters adjacent to beaches (or other points of
access) that are open to the public and are subject to a
monitoring and notification program meeting the performance
criteria established under subsection (a). The Administrator
shall make the list available to the public through publication
in the Federal Register and through electronic media. The
Administrator shall update the list at least annually.
(f) EPA Implementation.--After the last day of the 3-year
period beginning on the date the Administrator identifies a
discrete area of coastal recreation waters adjacent to beaches
(or other points of access) that are open to the public and are
not subject to a monitoring and notification program meeting
the performance criteria established under subsection (a), the
Administrator shall conduct such a monitoring and notification
program for the discrete area using the funds appropriated for
grants under subsection (b), including salaries, expenses, and
travel. The Administrator's duties under this paragraph shall
be limited to the activities that can be performed using such
funds.
(g) Authorization of Appropriations.--There is authorized to
be appropriated for making grants to States and local
governments under subsection (b), including implementation of
monitoring and notification programs by the Administrator under
subsection (f), $30,000,000 for each of fiscal years 2000
through 2004.
TITLE V--GENERAL PROVISIONS
* * * * * * *
general definitions
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) * * *
* * * * * * *
(21) Coastal recreation waters.--The term ``coastal
recreation waters'' means the Great Lakes and marine
coastal waters, including estuaries, used by the public
for swimming, bathing, surfing, or other similar water
contact activities.
(22) Floatable materials.--The term ``floatable
materials'' means any foreign matter that may float or
remain suspended in the water column and includes
plastic, aluminum cans, wood products, bottles, and
paper products.
(23) Pathogen indicators.--The term ``pathogen
indicators'' means substances that indicate the
potential for human infectious disease.
* * * * * * *