[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2537 Referred in Senate (RFS)]
2d Session
H. R. 2537
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2008
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act relating to beach
monitoring, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2008''.
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.
(a) Source Tracking.--Section 406(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1346(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(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.''.
(b) Authorization of Appropriations.--Section 406(i) of such Act
(33 U.S.C. 1346(i)) is amended by striking ``$30,000,000 for each of
fiscal years 2001 through 2005'' and inserting ``$40,000,000 for each
of fiscal years 2008 through 2012''.
(c) Prohibition on Earmarks.--None of the funds appropriated
pursuant to section 406(i) of such Act (33 U.S.C. 1346(i)) may be used
for a Congressional earmark as defined in clause 9(d) of rule XXI of
the Rules of the House of Representatives.
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 ``2012''.
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''.
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 (33 U.S.C.
1346(c)(4)(A)) is amended by inserting ``, including rapid testing
methods,'' after ``methods''.
(b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C.
1314(a)(9)(A)) is amended by inserting ``and rapid testing methods''
after ``methods''.
(c) Validation and Use of Rapid Testing Methods.--
(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).
(2) Guidance for use of rapid testing methods.--
(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.
(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.
(d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is
amended by adding at the end the following:
``(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.''.
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)(5)) is amended--
(1) by striking ``prompt communication'' and inserting
``communication, within 24 hours of the receipt of the results
of a water quality sample,'';
(2) in subparagraph (A)--
(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; and
(B) by inserting at the end the following:
``(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'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) measures for an annual report to the Administrator,
in such form as the Administrator determines appropriate, on
the occurrence, nature, location, pollutants involved, and
extent of any exceeding of applicable water quality standards
for pathogens and pathogen indicators;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) by striking ``and'' at the end of paragraph (7) (as
redesignated by section 6(3) of this Act);
(2) by striking the period at the end of paragraph (8) (as
redesignated by section 6(3) of this Act) and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) the availability of a geographic information system
database that such State or local government program shall use
to inform the public about coastal recreation waters and that--
``(A) is publicly accessible and searchable on the
Internet;
``(B) is organized by beach or similar point of
access;
``(C) identifies applicable water quality
standards, monitoring protocols, sampling plans and
results, and the number and cause of coastal recreation
water closures and advisory days; and
``(D) is updated within 24 hours of the
availability of revised information;
``(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; and
``(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.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by moving such subparagraphs 2 ems to the right;
(3) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(4) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of such
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on the Internet on or
before December 31 of such calendar year.
``(3) Corrective action.--If a State or local government
that the Administrator notifies under paragraph (2) is not in
compliance with any requirement or grant condition described in
paragraph (2) fails to take such action as may be necessary to
comply with such requirement or condition within one year 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.
``(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.''.
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 (33 U.S.C.
1346) for the purpose of identifying potential revisions of such
formula.
(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.
(c) Consultation.--In conducting the study, the Administrator shall
consult with appropriate Federal, State, and local agencies.
(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).
SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.
Section 304(a)(9) of the Federal Water Pollution Control Act (33
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
``(C) Publication of pathogen and pathogen
indicator list.--Upon publication of the new or revised
water quality criteria under subparagraph (A), the
Administrator shall publish in the Federal Register a
list of all pathogens and pathogen indicators studied
under section 104(v).''.
SEC. 11. 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)''.
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.
(b) Contents.--In conducting the study, the Administrator shall--
(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 (33 U.S.C. 1362), and
methods that meet prescribed performance standards, including--
(A) the amplified nucleic acid assay method; and
(B) the indicator organisms enterococci and E.
coli; and
(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.
(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.
(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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
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.
(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.
(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 (33 U.S.C. 1314(a)(9)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 14. NATIONAL LIST OF BEACHES.
Section 406(g)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1346(g)(3)) is amended by striking ``The Administrator'' and all
that follows through the period and inserting ``Within 12 months after
the date of the enactment of the Beach Protection Act of 2008, and
biennially thereafter, the Administrator shall update the list
described in paragraph (1).''.
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.
(b) Report.--
(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).
(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.
(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.
(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.
(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.
Passed the House of Representatives April 16, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.