S. 878 (111th): Clean Coastal Environment and Public Health Act of 2009

111th Congress, 2009–2010. Text as of Apr 23, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

1st Session

S. 878

IN THE SENATE OF THE UNITED STATES

April 23, 2009

(for himself and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

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

1.

Short title

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

2.

Federal Water Pollution Control Act amendments

(a)

Adoption of new or revised criteria and standards

Section 303(i)(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by striking paragraph (1)(A) each place it appears and inserting paragraph (1).

(b)

Revised criteria for coastal recreation waters

Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended—

(1)

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

(2)

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).

.

(c)

Source identification

(1)

Monitoring protocols

Section 406(a)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking methods for monitoring and inserting methods for monitoring protocols that are most likely to detect pathogenic contamination.

(2)

State reports; source tracking

Section 406(b) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is amended—

(A)

in paragraph (3)(A)(ii), by striking public and inserting public and all environmental agencies of the State with authority to prevent or treat sources of pathogenic contamination in coastal recreation waters; and

(B)

by adding at the end the following:

(5)

Contents of monitoring and notification programs

For the purposes of this section, a program for monitoring and notification shall include monitoring consistent with the performance criteria published by the Administrator under subsection (a), public notification, source tracking, sanitary surveys, and prevention efforts to address identified sources of contamination by pathogens and pathogen indicators in coastal recreation waters adjacent to beaches or similar points of access that are used by the public.

.

(d)

Use of rapid testing methods

(1)

Contents of State and local government programs

Section 406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by striking methods and inserting methods, including the use of a rapid testing method after the last day of the 1-year period following the date of validation of that rapid testing method by the Administrator,.

(2)

Validation and use of rapid testing methods

(A)

Validation of rapid testing methods

Not later than October 15, 2012, the Administrator of the Environmental Protection Agency (referred to in this Act as the Administrator) shall complete an evaluation and validation of a rapid testing method for the water quality criteria and standards for pathogens and pathogen indicators described in section 303(i)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(i)(1)(A)).

(B)

Guidance for use of rapid testing methods

(i)

In general

Not later than 180 days after the date of completion of the validation under subparagraph (A), and after providing notice and an opportunity for public comment, the Administrator shall publish guidance for the use at coastal recreation waters adjacent to beaches or similar points of access that are used by the public of rapid testing methods that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators.

(ii)

Prioritization

In developing guidance under clause (i), the Administrator shall require the use of rapid testing methods at those beaches or similar points of access that are the most used by the public.

(3)

Definition of rapid testing method

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:

(26)

Rapid testing method

The term rapid testing method means a method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than 2 hours after the commencement of the rapid testing method.

.

(e)

Notification of Federal, State, and local agencies; content of State and local programs

Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended—

(1)

in paragraph (5)—

(A)

in the matter preceding subparagraph (A), by striking prompt communication and inserting communication, within 2 hours of the receipt of the results of a water quality sample,;

(B)

by striking subparagraph (A) and inserting the following:

(A)
(i)

in the case of any State in which the Administrator is administering the program under section 402, the Administrator, in such form as the Administrator determines to be appropriate; and

(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

;

(2)

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

(3)

by inserting after paragraph (5) the following:

(6)

measures for an annual report to the Administrator, in such form as the Administrator determines to be appropriate, on the occurrence, nature, location, pollutants involved, and extent of any exceedance of applicable water quality standards for pathogens and pathogen indicators;

;

(4)

in paragraph (7) (as redesignated by paragraph (2))—

(A)

by striking the posting and inserting the immediate posting; and

(B)

by striking and at the end;

(5)

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

(6)

by adding at the end the following:

(9)

the availability of a geographical information system database that the State or local government program shall use to inform the public about coastal recreation waters and that—

(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 to ensure that closures or advisories are made or issued within 2 hours after the receipt of a water quality sample exceeding applicable water quality standards for pathogens and pathogen indicators;

(11)

measures that inform the public of identified sources of pathogenic contamination; and

(12)

analyses of monitoring protocols to determine which protocols are most likely to detect pathogenic contamination.

.

(f)

National list of beaches

Section 406(g) of the Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is amended by striking paragraph (3) and inserting the following:

(3)

Updates

Not later than 1 year after the date of enactment of the Clean Coastal Environment and Public Health Act of 2009, and biennially thereafter, the Administrator shall update the list described in paragraph (1).

.

(g)

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, and indenting the subparagraphs appropriately;

(2)

by striking In the and inserting the following:

(1)

In general

In the

; and

(3)

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 the Clean Coastal Environment and Public Health Act of 2009, the Administrator shall—

(A)

prepare a written assessment of compliance with—

(i)

all statutory and regulatory requirements of this section for each State and local government; and

(ii)

conditions of each grant made under this section to a State or local government;

(B)

notify the State or local government of each 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 the applicable 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) and fails to take such action as is necessary to comply with the requirement or condition by the date that is 1 year after the date of notification, any grants made under subsection (b) to the State or local government, after the last day of that 1-year period and while the State or local government is not in compliance with all requirements and grant conditions described in paragraph (2), shall have a Federal share of not to exceed 50 percent.

(4)

Gao review

Not later than December 31 of the third calendar year beginning after the date of enactment of the Clean Coastal Environment and Public Health Act of 2009, the Comptroller General shall—

(A)

conduct a review of the activities of the Administrator under paragraphs (2) and (3) during the first and second calendar years beginning after that date of enactment; and

(B)

submit to Congress a report on the results of the review.

.

(h)

Authorization of appropriations

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

3.

Funding for Beaches Environmental Assessment and Coastal Health Act

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

4.

Study of grant distribution formula

(a)

Study

Not later than 30 days after the date of enactment of this Act, the Administrator shall commence a study of the formula for the distribution of grants under section 406 of the Federal Water Pollution Control Act (33 U.S.C. 1346) for the purpose of identifying potential revisions of that formula.

(b)

Contents

In conducting the study, the Administrator shall consider—

(1)

the base cost to States of developing and maintaining water quality monitoring and notification programs;

(2)

the various beach monitoring and notification needs of each State, including beach mileage, beach usage, and length of beach season; and

(3)

such other factors as 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 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study, including any recommendations for revision of the distribution formula referred to in subsection (a).

5.

Impact of climate change on pollution of coastal recreation waters

(a)

Study

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

(b)

Report

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a).

(2)

Information on potential contaminant impacts

The report shall include information on potential contaminant impacts on—

(A)

ground and surface water resources; and

(B)

public and ecosystem health in coastal communities.

(3)

Monitoring

The report shall—

(A)

address monitoring required to document and assess changing conditions of coastal water resources, recreational waters, and ecosystems; and

(B)

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 the impacts and effects described in paragraphs (2) and (3) 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.

6.

Impact of algae on coastal recreation waters

(a)

Study

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a study on the impact of algae on coastal recreation waters.

(b)

Content

In preparing the study under this section, the Administrator shall—

(1)

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

(2)

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

(3)

provide recommendations with respect to whether targets of the International Joint Commission for phosphorus in the Great Lakes should be updated; and

(4)

propose numerical water quality criteria for phosphorus in the Great Lakes.