[106th Congress Public Law 284]
[From the U.S. Government Printing Office]
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[DOCID: f:publ284.106]
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BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000
[[Page 114 STAT. 871]]
Public Law 106-284
106th Congress
An Act
To amend the Federal Water Pollution Control Act to improve the quality
of coastal recreation waters, and for other purposes. <<NOTE: Oct. 10,
2000 - [H.R. 999]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Beaches
Environmental Assessment and Coastal Health Act of 2000. Inter-
governmental relations. Public health and safety. 33 USC 1251 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment and
Coastal Health Act of 2000''.
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.--
``(1) Adoption by states.-- <<NOTE: Deadlines.>>
``(A) Initial criteria and standards.--Not later
than 42 months after the date of the enactment of this
subsection, each State having coastal recreation waters
shall adopt and submit to the Administrator water
quality criteria and standards for the coastal
recreation waters of the State for those pathogens and
pathogen indicators for which the Administrator has
published criteria under section 304(a).
``(B) New or revised criteria and standards.--Not
later than 36 months after the date of publication by
the Administrator of new or revised water quality
criteria under section 304(a)(9), each State having
coastal recreation waters shall adopt and submit to the
Administrator new or revised water quality standards for
the coastal recreation waters of the State for all
pathogens and pathogen indicators to which the new or
revised water quality criteria are applicable.
``(2) Failure of states to adopt.--
``(A) In general.--If a State fails to adopt water
quality criteria and standards in accordance with
paragraph (1)(A) that are as protective of human health
as the criteria for pathogens and pathogen indicators
for coastal recreation waters published by the
Administrator, the Administrator shall promptly propose
regulations for the State setting forth revised or new
water quality standards for pathogens and pathogen
indicators described in paragraph (1)(A) for coastal
recreation waters of the State.
[[Page 114 STAT. 872]]
``(B) <<NOTE: Publication.>> Exception.--If the
Administrator proposes regulations for a State described
in subparagraph (A) under subsection (c)(4)(B), the
Administrator shall publish any revised or new standard
under this subsection not later than 42 months after the
date of the enactment of this subsection.
``(3) Applicability.--Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection, including the requirement in
subsection (c)(2)(A) that the criteria protect public health and
welfare.''.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies Concerning Pathogen Indicators in Coastal Recreation
Waters.--Section 104 of the Federal Water Pollution Control Act (33
U.S.C. 1254) is amended by adding at the end the following:
``(v) <<NOTE: Deadlines.>> Studies Concerning Pathogen Indicators
in Coastal Recreation Waters.--Not later than 18 months after the date
of the enactment of this subsection, after consultation and in
cooperation with appropriate Federal, State, tribal, and local officials
(including local health officials), the Administrator shall initiate,
and, not later than 3 years after the date of the enactment of this
subsection, shall complete, in cooperation with the heads of other
Federal agencies, studies to provide additional information for use in
developing--
``(1) an assessment of potential human health risks
resulting from exposure to pathogens in coastal recreation
waters, including nongastrointestinal effects;
``(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 published under section
304(a)(9) to account for the diversity of geographic and aquatic
conditions.''.
(b) Revised Criteria.--Section 304(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the
following:
``(9) <<NOTE: Deadlines.>> Revised criteria for coastal
recreation waters.--
``(A) <<NOTE: Publication.>> In general.--Not later
than 5 years after the date of the enactment of this
paragraph, after consultation and in cooperation with
appropriate Federal, State, tribal, and local officials
(including local health officials), the Administrator
shall publish new or revised water quality criteria for
pathogens and pathogen indicators (including a revised
list of testing methods, as appropriate), based on the
results of the studies conducted under section 104(v),
for the purpose of protecting human health in coastal
recreation waters.
``(B) Reviews.--Not later than the date that is 5
years after the date of publication of water quality
criteria under this paragraph, and at least once every 5
years thereafter,
[[Page 114 STAT. 873]]
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
et seq.) is amended by adding at the end the following:
``SEC. 406. <<NOTE: 33 USC 1346.>> COASTAL RECREATION WATER QUALITY
MONITORING AND NOTIFICATION.
``(a) <<NOTE: Deadline. Publication.>> Monitoring and
Notification.--
``(1) In general.--Not later than 18 months after the date
of the enactment of this section, after consultation and in
cooperation with appropriate Federal, State, tribal, and local
officials (including local health officials), and after
providing public notice and an opportunity for comment, the
Administrator shall publish performance criteria for--
``(A) monitoring and assessment (including
specifying available methods for monitoring) of coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public for attainment of
applicable water quality standards for pathogens and
pathogen indicators; and
``(B) the prompt notification of the public, local
governments, and the Administrator of any exceeding of
or likelihood of exceeding applicable water quality
standards for coastal recreation waters described in
subparagraph (A).
``(2) Level of protection.--The performance criteria
referred to in paragraph (1) shall provide that the activities
described in subparagraphs (A) and (B) of that paragraph shall
be carried out as necessary for the protection of public health
and safety.
``(b) Program Development and Implementation Grants.--
``(1) In general.--The Administrator may make grants to
States and local governments to develop and implement programs
for monitoring and notification for coastal recreation waters
adjacent to beaches or similar points of access that are used by
the public.
``(2) Limitations.--
``(A) In general.--The Administrator may award a
grant to a State or a local government to implement a
monitoring and notification program if--
``(i) the program is consistent with the
performance criteria published by the
Administrator under subsection (a);
``(ii) the State or local government
prioritizes the use of grant funds for particular
coastal recreation waters based on the use of the
water and the risk to human health presented by
pathogens or pathogen indicators;
``(iii) the State or local government makes
available to the Administrator the factors used to
prioritize the use of funds under clause (ii);
``(iv) the State or local government provides
a list of discrete areas of coastal recreation
waters that are subject to the program for
monitoring and notification for which the grant is
provided that specifies any coastal recreation
waters for which fiscal constraints
[[Page 114 STAT. 874]]
will prevent consistency with the performance
criteria under subsection (a); and
``(v) the public is provided an opportunity to
review the program through a process that provides
for public notice and an opportunity for comment.
``(B) Grants to local governments.--The
Administrator may make a grant to a local government
under this subsection for implementation of a monitoring
and notification program only if, after the 1-year
period beginning on the date of publication of
performance criteria under subsection (a)(1), the
Administrator determines that the State is not
implementing a program that meets the requirements of
this subsection, regardless of whether the State has
received a grant under this subsection.
``(3) Other requirements.--
``(A) Report.--A State recipient of a grant under
this subsection shall submit to the Administrator, in
such format and at such intervals as the Administrator
determines to be appropriate, a report that describes--
``(i) data collected as part of the program
for monitoring and notification as described in
subsection (c); and
``(ii) actions taken to notify the public when
water quality standards are exceeded.
``(B) Delegation.--A State recipient of a grant
under this subsection shall identify each local
government to which the State has delegated or intends
to delegate responsibility for implementing a monitoring
and notification program consistent with the performance
criteria published under subsection (a) (including any
coastal recreation waters for which the authority to
implement a monitoring and notification program would be
subject to the delegation).
``(4) Federal share.--
``(A) In general.--The Administrator, through grants
awarded under this section, may pay up to 100 percent of
the costs of developing and implementing a program for
monitoring and notification under this subsection.
``(B) Non-federal share.--The non-Federal share of
the costs of developing and implementing a monitoring
and notification program may be--
``(i) in an amount not to exceed 50 percent,
as determined by the Administrator in consultation
with State, tribal, and local government
representatives; and
``(ii) provided in cash or in kind.
``(c) Content of State and Local Government Programs.--As a
condition of receipt of a grant under subsection (b), a State or local
government program for monitoring and notification under this section
shall identify--
``(1) lists of coastal recreation waters in the State,
including coastal recreation waters adjacent to beaches or
similar points of access that are used by the public;
``(2) in the case of a State program for monitoring and
notification, the process by which the State may delegate to
local governments responsibility for implementing the monitoring
and notification program;
[[Page 114 STAT. 875]]
``(3) the frequency and location of monitoring and
assessment of coastal recreation waters based on--
``(A) the periods of recreational use of the waters;
``(B) the nature and extent of use during certain
periods;
``(C) the proximity of the waters to known point
sources and nonpoint sources of pollution; and
``(D) any effect of storm events on the waters;
``(4)(A) the methods to be used for detecting levels of
pathogens and pathogen indicators that are harmful to human
health; and
``(B) the assessment procedures for identifying short-term
increases in pathogens and pathogen indicators that are harmful
to human health in coastal recreation waters (including
increases in relation to storm events);
``(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of, or likelihood of exceeding, applicable water
quality standards for pathogens and pathogen indicators to--
``(A) the Administrator, in such form as the
Administrator determines to be appropriate; and
``(B) a designated official of a local government
having jurisdiction over land adjoining the coastal
recreation waters for which the failure to meet
applicable standards is identified;
``(6) measures for the posting of signs at beaches or
similar points of access, or functionally equivalent
communication measures that are sufficient to give notice to the
public that the coastal recreation waters are not meeting or are
not expected to meet applicable water quality standards for
pathogens and pathogen indicators; and
``(7) measures that inform the public of the potential risks
associated with water contact activities in the coastal
recreation waters that do not meet applicable water quality
standards.
``(d) <<NOTE: Deadline.>> Federal Agency Programs.--Not later than
3 years after the date of the enactment of this section, each Federal
agency that has jurisdiction over coastal recreation waters adjacent to
beaches or similar points of access that are used by the public shall
develop and implement, through a process that provides for public notice
and an opportunity for comment, a monitoring and notification program
for the coastal recreation waters that--
``(1) protects the public health and safety;
``(2) is consistent with the performance criteria published
under subsection (a);
``(3) <<NOTE: Reports.>> includes a completed report on the
information specified in subsection (b)(3)(A), to be submitted
to the Administrator; and
``(4) addresses the matters specified in subsection (c) .
``(e) <<NOTE: Public 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--
``(1) the data reported to the Administrator under
subsections (b)(3)(A)(i) and (d)(3); and
``(2) other information concerning pathogens and pathogen
indicators in coastal recreation waters that--
[[Page 114 STAT. 876]]
``(A) is made available to the Administrator by a
State or local government, from a coastal water quality
monitoring program of the State or local government; and
``(B) the Administrator determines should be
included.
``(f ) Technical Assistance for Monitoring Floatable Material.--The
Administrator shall provide technical assistance to States and local
governments for the development of assessment and monitoring procedures
for floatable material to protect public health and safety in coastal
recreation waters.
``(g) List of Waters.--
``(1) <<NOTE: Deadline.>> In general.--Beginning not later
than 18 months after the date of publication of performance
criteria under subsection (a), based on information made
available to the Administrator, the Administrator shall
identify, and maintain a list of, discrete coastal recreation
waters adjacent to beaches or similar points of access that are
used by the public that--
``(A) specifies any waters described in this
paragraph that are subject to a monitoring and
notification program consistent with the performance
criteria established under subsection (a); and
``(B) specifies any waters described in this
paragraph for which there is no monitoring and
notification program (including waters for which fiscal
constraints will prevent the State or the Administrator
from performing monitoring and notification consistent
with the performance criteria established under
subsection (a)).
``(2) <<NOTE: Public information.>> Availability.--The
Administrator shall make the list described in paragraph (1)
available to the public through--
``(A) <<NOTE: Federal Register, publication.>>
publication in the Federal Register; and
``(B) electronic media.
``(3) Updates.--The Administrator shall update the list
described in paragraph (1) periodically as new information
becomes available.
``(h) EPA Implementation.--In the case of a State that has no
program for monitoring and notification that is consistent with the
performance criteria published under subsection (a) after the last day
of the 3-year period beginning on the date on which the Administrator
lists waters in the State under subsection (g)(1)(B), the Administrator
shall conduct a monitoring and notification program for the listed
waters based on a priority ranking established by the Administrator
using funds appropriated for grants under subsection (i)--
``(1) to conduct monitoring and notification; and
``(2) for related salaries, expenses, and travel.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated for making grants under subsection (b), including
implementation of monitoring and notification programs by the
Administrator under subsection (h), $30,000,000 for each of fiscal years
2001 through 2005.''.
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.--
``(A) In general.--The term `coastal recreation
waters' means--
``(i) the Great Lakes; and
[[Page 114 STAT. 877]]
``(ii) marine coastal waters (including
coastal estuaries) that are designated under
section 303(c) by a State for use for swimming,
bathing, surfing, or similar water contact
activities.
``(B) Exclusions.--The term `coastal recreation
waters' does not include--
``(i) inland waters; or
``(ii) waters upstream of the mouth of a river
or stream having an unimpaired natural connection
with the open sea.
``(22) Floatable material.--
``(A) In general.--The term `floatable material'
means any foreign matter that may float or remain
suspended in the water column.
``(B) Inclusions.--The term `floatable material'
includes--
``(i) plastic;
``(ii) aluminum cans;
``(iii) wood products;
``(iv) bottles; and
``(v) paper products.
``(23) Pathogen indicator.--The term `pathogen indicator'
means a substance that indicates the potential for human
infectious disease.''.
SEC. 6. INDIAN TRIBES.
Section 518(e) of the Federal Water Pollution Control Act (33 U.S.C.
1377(e)) is amended by striking ``and 404'' and inserting ``404, and
406''.
SEC. 7. REPORT. <<NOTE: 33 USC 1375a.>>
(a) <<NOTE: Deadline.>> In General.--Not later than 4 years after
the date of the enactment of this Act, and every 4 years thereafter, the
Administrator of the Environmental Protection Agency shall submit to
Congress a report that includes--
(1) recommendations concerning the need for additional water
quality criteria for pathogens and pathogen indicators and other
actions that should be taken 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 of the Environmental Protection
Agency may coordinate the report under this section with other reporting
requirements under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
[[Page 114 STAT. 878]]
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provisions
of this Act, including the amendments made by this Act, for which
amounts are not otherwise specifically authorized to be appropriated,
such sums as are necessary for each of fiscal years 2001 through 2005.
Approved October 10, 2000.
LEGISLATIVE HISTORY--H.R. 999 (S. 522):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-98 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106-366 accompanying S. 522 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Apr. 22, considered and passed
House.
Vol. 146 (2000):
Sept. 21, considered and passed
Senate, amended.
Sept. 26, House concurred in Senate
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 10, Presidential statement.
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