[DOCID: f:hr491.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-491
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BEACH PROTECTION ACT OF 2007
_______
December 12, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2537]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2537) to amend the Federal Water
Pollution Control Act relating to beach monitoring, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2007''.
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.
(a) Source Tracking.--Section 406(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1346) 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.''.
(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''.
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) of such Act (33 U.S.C.
1314(a)(9)) is amended by inserting ``and rapid testing methods'' after
``methods''.
(c) Criteria for Use of Rapid Testing Methods.--Not later than 270
days after the date of enactment of this Act, and after providing
notice and an opportunity for public comment, the Administrator of the
Environmental Protection Agency shall publish criteria for the use of
rapid testing methods, at coastal recreation waters adjacent to beaches
or similar points of access that are used by the public, that will
enhance the protection of public health and safety through rapid public
notification of any exceeding of applicable water quality standards. In
developing such criteria, the Administrator shall prioritize the use of
rapid testing methods at those beaches or similar points of access that
have the highest use 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) a publicly accessible and searchable global information
system database with information updated within 24 hours of its
availability, organized by beach or similar point of access and
with defined standards, sampling plans, monitoring protocols,
sampling results, and number and cause of closures and advisory
days;
``(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 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 or before December
31 of such calendar year.
``(3) Corrective action.--Any State or local government that
the Administrator notifies under paragraph (2) that it is not
in compliance with any requirement or grant condition described
in paragraph (2) shall take such action as may be necessary to
comply with such requirement or condition within one year of
the date of the notification. If the State or local government
is not in compliance with such requirement or condition within
one year of such date, 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).''.
Purpose of the Legislation
H.R. 2537, the ``Beach Protection Act of 2007'', as
amended, amends the Federal Water Pollution Control Act
(``Clean Water Act'' or ``Act'') to reauthorize appropriations
for the Beaches Environmental Assessment and Coastal Health
(``BEACH'') Act through fiscal year 2012, and to make
programmatic changes to State coastal recreation water quality
monitoring and notification programs.
Background and Need for Legislation
The nation is fortunate to have nearly 23,000 miles of
ocean shoreline along the continental United States, more than
5,500 miles of Great Lakes shoreline, and 3.6 million miles of
rivers and streams. Beaches are an important part of the
complex and dynamic coastal watershed, providing numerous
recreational opportunities for millions of people, including
boating, fishing, swimming, beachcombing, bird-watching, and
sunbathing.
Each year, more than 180 million people visit our nation's
coastal and Great Lakes waters for recreational purposes. This
activity supports more than 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 recreational 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.
According to a recent Environmental Protection Agency
(``EPA'') report, over the past 50 years, epidemiological
studies and investigations following widespread waterborne
illnesses have linked swimming in polluted water with adverse
health effects. Swimming-related diseases can range from less
severe gastrointestinal diseases (e.g., sore throats and
diarrhea) and non-gastrointestinal diseases (e.g., respiratory,
ear, eye, and skin infections) to more serious illnesses, such
as meningitis or hepatitis.
On October 10, 2000, the Beaches Environmental Assessment
and Coastal Health Act (``BEACH Act'') was signed into law.
This legislation, which amends Clean Water Act, was introduced
to limit and prevent human exposure to polluted coastal
recreation waters (including those along the Great Lakes) by
assisting States and local governments to implement beach
monitoring, assessment, and public notification programs. For
these purposes, the BEACH Act authorized $30 million annually
for fiscal years 2001 through 2005.
In addition, the BEACH Act required States and tribes with
coastal recreation waters to adopt minimum water quality
standards for pathogens and pathogen indicators by April 10,
2004, and directed EPA to promulgate standards for States that
failed to establish standards as protective of human health as
EPA's existing criteria--the 1986 Ambient Water Quality
Criteria for Bacteria.
Finally, the BEACH Act required EPA to conduct additional
studies associated with pathogens and human health and to
publish new or revised water quality criteria for pathogens and
pathogen indicators within five years of the date of enactment
of the BEACH Act (ending on October 10, 2005), based on the
results of these studies. EPA is also directed to review these
revised water quality criteria every five years, and to revise
the criteria, as necessary, to protect human health. States are
directed to adopt any revised water quality criteria within
three years of publication by EPA.
Implementation of the BEACH Act
BEACH ACT FUNDING
From fiscal years 2001 through 2007, Congress has
appropriated nearly $62 million in BEACH Act grant funds to the
35 States and territories with coastal recreation waters to
support the implementation of coastal recreation water
monitoring and notification programs. According to EPA, States
are using the grant funds to implement beach monitoring and
notification programs that are consistent with national
guidance. States collect and analyze water samples to determine
whether local recreation waters exceed (or are likely to
exceed) water quality standards for public health protection,
and notify the public if water quality standards are exceeded
(or likely to be exceeded).
EPA awards grants to the 35 eligible States using an
allocation formula developed by the Agency in 2002. According
to EPA, this allocation formula was developed in consultation
with the States and other stakeholders, and uses three
factors--beach season length, beach miles, and beach usage--to
determine an equitable allocation of funds. However, because in
2002, data for beach miles and beach usage were not readily
available, shoreline length and coastal population were used as
surrogates for these factors.
STATE WATER QUALITY STANDARDS
Prior to the enactment of the BEACH Act, only 16 States and
territories with coastal recreation waters had adopted EPA's
1986 criteria for pathogens and pathogen indicators in coastal
recreation waters, and incorporated these criteria into their
water quality standards. The remaining States were either using
water quality criteria older than the 1986 criteria or no water
quality criteria at all.
Since enactment of the BEACH Act, all 35 States and
territories with coastal recreation waters have adopted
criteria for pathogens and pathogen indicators that are at
least as protective of human health as EPA's 1986 criteria.
Thirteen States and territories adopted these criteria
voluntarily, and the remaining 21 States and territories were
included in a November 16, 2004 EPA final rule to adopt water
quality standards consistent with EPA's 1986 criteria. Water
Quality Standards for Coastal and Great Lakes Recreation
Waters, 69 Fed. Reg. 67218 (Nov. 16, 2004).
WATER QUALITY CRITERIA AND STANDARDS
Section 304(a) of the Clean Water Act directs EPA 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).
According to EPA, the Agency's current criteria for
pathogen and pathogen indicators are based on a series of
studies conducted by EPA in the late 1970s and early 1980s. In
1986, EPA recommended the use of indicator organisms as a good
predictor of potential waterborne illness in water--enterococci
for fresh and marine waters, and E. coli in fresh water.
However, during consideration of the BEACH Act in the
1990s, the Committee on Transportation and Infrastructure was
concerned that the 1986 revised bacteria criteria were
inadequate indicators for determining the human health risk
from all microorganisms, including viruses or other pathogens,
such as giardia or cryptosporidium. The Committee noted, during
a 1998 hearing on this issue, that EPA's 1986 criteria needed
to be updated to improve the scientific basis for identifying
pathogens in coastal recreation waters that were potentially
harmful to human health.
In response, the BEACH Act directed the Administrator of
EPA to conduct additional studies on revised criteria for
coastal recreation waters, and to develop newer, accurate, and
expeditious testing methods for detecting the presence of
pathogens harmful to human health. Section 304(a) of the Clean
Water Act was amended to direct the Administrator to develop
and publish new or revised water quality criteria for coastal
recreation waters for the purpose of protecting human health
within five years of the date of enactment of the BEACH Act
(ending on October 10, 2005), and to review, and revise if
necessary, these water quality criteria every five years
thereafter.
LITIGATION AND SCHEDULE FOR PUBLICATION OF NEW OR REVISED WATER QUALITY
CRITERIA
On August 3, 2006, the Natural Resources Defense Council
sued the EPA for its failure to publish ``new or revised water
quality criteria for pathogens and pathogen indicators
(including a revised list of testing methods, as appropriate) .
. . for the purpose of protecting human health in coastal
recreational waters'' by October 10, 2005, as required by
section 304(a) of the Clean Water Act, as amended by the BEACH
Act.
In March 2007, the United States District Court for the
Central District of California, Western Division held that EPA
had violated its non-discretionary duty to publish new or
revised criteria by the October 2005 deadline, in violation of
the Clean Water Act. Natural Resources Defense Council v.
Stephen L. Johnson, Administrator, U.S. Environmental
Protection Agency, No. CV 06-4843 PSG (C.D. Cal. March 21,
2007). The Court directed the parties to discuss the issue of
the appropriate amount of time EPA would have to complete
publication of new or revised water quality criteria for
pathogens and pathogen indicators. This discussion is ongoing.
On August 31, 2007, EPA released a report, entitled
``Criteria Development Plan & Schedule, Recreational Water
Quality Criteria'', that describes the process and timeline EPA
proposes to follow in developing and publishing new or revised
water quality criteria for pathogens and pathogen indicators
for recreational waters. The report concludes that EPA will
complete all of the necessary research, studies, analysis, and
synthesis for the new or revised criteria, and publish the new
or revised criteria by December 2012.
Summary of the Legislation
Section 1. Short title
Section 1 designates the short title of the bill as the
``Beach Protection Act of 2007''.
Section 2. Water pollution source identification
This section amends section 406 of the Clean Water Act to
expand the eligible uses of coastal recreation water quality
monitoring and notification program development and
implementation grants, and to reauthorize appropriations for
such grants.
Subsection (a) amends section 406(b) of the Act to
authorize eligible States and local governments to utilize
BEACH grant funding to develop and implement coastal recreation
waters pollution source identification and tracking programs.
The Committee received testimony on the importance of
identifying the sources of pollution that are causing beach
closures. Proper and timely identification of sources of
pollution will allow State and local governments to take action
to address these sources of pollution. For example, the State
of New Jersey has successfully applied microbial source
tracking techniques, such as coliphage, multiple antibiotic
resistance testing, and optical brighteners, to identify the
source of recreational beach water quality impairments.
Amending the Clean Water Act to allow States and local
governments to use BEACH grant funding for source tracking will
help these governments positively identify the sources of
pollution to coastal recreation waters. States and local
governments can then take the necessary steps to address these
sources of pollution. BEACH Act grants are limited to
developing and implementing coastal water quality monitoring
and notification programs. Accordingly, States and local
governments need to pursue other sources of Federal funding,
such as the Clean Water State Revolving Fund, for efforts to
address sources of pollution.
Subsection (b) amends section 406(i) to reauthorize
appropriations for coastal recreation water quality monitoring
and notification program development and implementation grants
through fiscal year 2012. This subsection increases the
authorization of appropriations for grants from $30 million
annually to $40 million annually, to reflect the expansion of
eligible uses for such grants under the Beach Protection Act of
2007.
Section 3. Funding for Beaches Environmental Assessment and Coastal
Health Act
This section authorizes appropriations for EPA to carry out
the provisions of the BEACH Act, other than the grant program
authorized under section 406 of the Clean Water Act, from
fiscal years 2008 through 2012.
Section 4. State reports
This section amends existing section 406(b)(3)(A)(ii) of
the Clean Water Act to require States to report to the
Administrator on actions taken to notify State environmental
agencies with authority to prevent or treat sources of
pollution in coastal recreation waters of the extent that a
coastal recreation water is exceeding or is likely to exceed
applicable water quality standards.
Section 5. Use of rapid testing methods
This section encourages the development, testing, and
utilization of rapid testing methods for detecting the
contamination of coastal recreation waters. The Committee has
received testimony expressing concern that current testing
methods, utilizing culture-based methods, require up to 24
hours to determine whether coastal recreation water adjacent to
a beach or similar point of access is contaminated. As EPA
noted in its March 2007 Report of the Experts Scientific
Workshop on Critical Research Needs for the Development of New
or Revised Recreational Water Quality Criteria, this extended
processing period typically results in contaminated beaches
remaining open while testing is underway, potentially placing
the public at risk of coming into direct contact with
contaminated water. In addition, by the time that water quality
results are available and warning signs are posted, the levels
of pathogens or pathogen indicators may have returned to
normal.
The Committee believes that the period between when a
coastal recreation water is sampled to when results are made
publicly available needs to be shortened, with the goal of
having real-time, same-day information on the condition of the
nation's beaches and recreational waters.
The Committee strongly encourages EPA to complete the
evaluation and validation of rapid testing methods for
detecting contamination of coastal recreation waters. The
Committee is aware that rapid testing method technologies are
currently available for testing water quality samples for the
presence of enterococci and E. coli that can produce accurate
results in two to three hours. The Committee understands that
EPA is currently undertaking an evaluation of the appropriate
interim indicator organism for rapid testing methods utilizing
the 1986 criteria, and expects to complete the evaluation and
validation of rapid testing methods by the end of fiscal year
2010. The Committee encourages EPA to complete its efforts to
validate a rapid testing method for the 1986 criteria as
expeditiously as practicable, but no later than the end of
fiscal year 2010.
Section 5(a) amends section 406(c)(4)(A) of the Clean Water
Act to require State and local governments to identify the
rapid testing methods utilized, or likely to be utilized, along
with the government's existing report on methods for detecting
pathogens and pathogen indicators required under section
406(c)(4)(A).
Section 5(b) amends section 304(a)(9) of the Clean Water
Act to require, in the publication of new or revised water
quality criteria for pathogens and pathogen indicators, that
the Administrator include standards for the utilization of
rapid testing methods for the new or revised criteria. The
Committee expects that, in conjunction with the development of
new or revised water quality criteria for coastal recreation
waters under section 304(a)(9) of the Clean Water Act, EPA will
include appropriate standards and validation for a rapid
testing method for the new or revised criteria. If no rapid
testing method for the new or revised criteria is
technologically feasible, the Committee expects EPA to include
an explanation of why such a rapid testing method is
technologically infeasible with the release of the new or
revised water quality criteria.
Section 5(c) requires EPA to develop and publish criteria
for the utilization of rapid testing methodologies. The
Committee does not expect that State or local governments are
likely to utilize rapid testing methods at every beach or
similar point of access within their jurisdiction. The
Committee encourages States and local governments to utilize
rapid testing methods at those beaches or similar points of
access that have the highest use. The criteria developed under
this section should assist States and localities in this
determination. The Committee believes that same-day results on
water quality testing will enhance the protection of public
health by providing real-time information on the condition of
coastal recreation waters.
Section 6. Notification of Federal, State, and local agencies
This section amends section 406(c) of the Clean Water Act
to expedite the communication of the occurrence, nature,
location, pollutants involved, and extent of any exceeding of,
or likelihood of exceeding, applicable water quality standards
for coastal recreation waters to the appropriate Federal,
State, and local governmental agencies.
The Committee received testimony that, in many cases, the
notification of contaminated coastal recreation waters to the
appropriate governmental agencies and the public can be
delayed, either through lengthy testing periods or a lack of
consistent public notification timelines. Minimizing the
potential delay in public notification is critical to
protecting public health by ensuring that the public is given
the opportunity to avoid contact with contaminated coastal
recreation waters.
Under current law, the communication of any exceeding, or
the potential exceeding, of applicable water quality standards
must occur ``promptly'' and must be made to the Administrator
of the Environmental Protection Agency and a designated local
official having jurisdiction over land adjoining the coastal
recreation water.
This section removes any ambiguity in the timeline for
providing notification by striking the term ``prompt
communication'' in section 406(c)(5) and inserting
``communication, within 24 hours of the receipt of the results
of a water quality sample''.
This section also amends section 406(c)(5)(A) to include
within the list of agencies required to receive notification of
any exceeding of water quality standards State governmental
agencies with the authority to require the prevention or
treatment of the sources of coastal recreation water pollution.
These State governmental agencies will typically be the State
agencies with approved National Pollutant Discharge Elimination
System (``NPDES'') authority under section 402 of the Clean
Water Act. However, in those States and territories without
approved NPDES authority, this section provides that the 24-
hour notification be provided to the Administrator of EPA.
Finally, this section adds a new paragraph 6 to section
406(c) that requires eligible State and local governments to
submit an annual report to the Administrator on the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of applicable water quality standards for pathogens
and pathogen indicators. The Committee expects this annual
report to be a cumulative accounting of all exceedances of
applicable water quality standards during the annual reporting
period.
Section 7. Content of State and local programs
This section amends section 406(c) of the Clean Water Act
to strengthen the requirements for public notification of
contaminated coastal recreation waters and publicly available
information on beach closures.
This section adds paragraph 9 to section 406(c) of the Act
to require eligible State and local governments to identify a
publicly accessible and searchable database for the posting of
information on individual beaches or similar points of public
access for coastal recreation waters. This new paragraph does
not require that every eligible State or local government
create an individual database to provide information related to
its beaches, but contemplates that individual States and local
governments will partner with existing public databases,
including existing Internet sites, to ensure that the required
information is publicly available in a timely fashion.
This section adds paragraph 10 to section 406(c) of the Act
to require eligible States and local governments to identify
measures for the immediate posting of signs at beaches or
similar points of public access that are sufficient to give
public notice that a water quality sample taken from adjacent
coastal recreation water has exceeded applicable water quality
standards for pathogens and pathogen indicators.
The Committee is aware that eight States routinely (and
five additional States may) utilize a two-step, re-sampling
approach to testing coastal recreation waters. Under this
approach, when the test results on a coastal recreation water
sample detect that the water may be contaminated, the State or
local governmental official can require that a second sample is
tested before a decision is made to close the beach.
Accordingly, if a State pairs the use of a culture-based
testing methodology with a two-step, re-sampling protocol, the
result may be that the public will not receive any notification
that a coastal recreation water may be contaminated until three
days after the initial sample is taken. Given that the best way
to reduce the risk of public illness from contaminated coastal
recreation waters is to avoid direct contact with such waters,
the Committee believes that the time from initial testing to
public notification of potential impaired water quality needs
to occur as quickly as possible, and preferably on the same
day.
New paragraph 10 provides for immediate public notification
following the results of any water quality sample that
demonstrates a likelihood that the coastal recreation water is
contaminated. This new paragraph does not prevent States from
continuing to utilize a two-step, re-sampling approach for
decisions to close public beaches, but simply requires States
and local governments to immediately post an advisory sign
warning that a water sample taken at the individual beach
demonstrates the likelihood that the water may be contaminated.
This section adds paragraph 11 to section 406(c) of the Act
to require eligible States and local governments to identify
measures to ensure that any decision to close a beach or to
issue an advisory on coastal recreation water quality are made
within 24 hours after the State determines that the coastal
recreation waters are not meeting applicable water quality
standards for pathogens and pathogen indicators.
Section 8. Compliance review
This section amends section 406(h) of the Clean Water Act
to authorize the Administrator to conduct a compliance review
of implementation of the BEACH Act by State and local
governments, and to take corrective action for State and local
governments that are not in compliance with the BEACH Act
requirements. This section also requires the Government
Accountability Office (``GAO'') to review and report on EPA's
administration of the BEACH Act.
This section requires the Administrator of EPA to prepare
an annual written assessment of compliance with all of the
statutory and regulatory requirements of the BEACH Act for each
State and local government that receives a BEACH Act grant.
This written assessment is to be provided to the individual
State and local governments, and released to the public through
a searchable, electronic database, such as the Internet.
This section also provides State and local governments with
one year from the date of receipt of a written assessment from
the Administrator to come into compliance with the BEACH Act
requirements. If at the end of this period, the State or local
government continues to be out of compliance with the BEACH Act
requirements, this section directs the Administrator to reduce
the Federal share of coastal recreation water quality
monitoring and notification program development and
implementation grants to 50 percent.
Finally, this section directs the Comptroller General of
GAO to conduct a review and report on the actions by the
Administrator to carry out annual written compliance
assessments and take corrective action as necessary. This
report is to be provided to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
Section 9. Study of grant distribution formula
This section requires the Administrator of EPA to carry out
a study of the formula for the distribution of coastal
recreation water quality monitoring and notification program
development and implementation grants under section 406(b) of
the Clean Water Act, and to report to Congress on the results
of the study, including any recommendations for revision of the
existing formula.
The Committee is aware of concerns that the current formula
utilized by EPA for the distribution of grant funds may not
provide for an equitable allocation of funds among States at
current appropriation levels.
GAO raised similar concerns in its May 2007 report focused
on the implementation of the BEACH Act in the Great Lakes. GAO
pointed out that the existing grant distribution formula, which
establishes different weights to the factors of length of beach
season, the frequency of beach use, and the number of beach
miles within a State, was developed based on the assumption
that the program would receive its full authorized allocation
of $30 million annually. According to GAO, EPA intended that
the factor for beach season length (currently determining 82
percent of existing grant allocations) would have provided the
base funding level, and would have been augmented by additional
grant funds utilizing the factors for beach use and beach
miles.
During the last five years, the BEACH program has received
annual appropriations of approximately $10 million. GAO
concluded that, as a result of reduced appropriations, the
current distribution formula fails to adequately address the
monitoring needs of the States. The GAO report suggested that
reweighing the importance of the three factors of the existing
formula to reflect current appropriations would better reflect
the monitoring needs of the individual coastal States.
Section 9 requires EPA to conduct a study of potential
revisions to the formula, with a specific focus on 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.
The Committee encourages the Administrator, in carrying out
the study, to consider methods to accurately reflect the usage
of beaches and similar points of access as well as the
recommendations included in the May 2007 report by the GAO
entitled ``Great Lakes: EPA and States Have Made Progress in
Implementing the BEACH Act, but Additional Actions Could
Improve Public Health Protection (GAO-07-591)''. In addition,
the Committee encourages EPA, in conducting the study, to take
into account both historical appropriations for BEACH Act
grants and the increased authorization of appropriations
provided for in the Beach Protection Act of 2007.
Section 10. Publication of coastal recreation waters pathogen list
This section amends section 304(a)(9) of the Clean Water
Act to require the Administrator of EPA, upon publication of
the new or revised water quality criteria for coastal
recreation waters, to publish in the Federal Register a list of
all pathogens and pathogen indicators studied in the
development of the new or revised water quality criteria.
Additional Matters
The Committee has received comments from individual States,
researchers, and nongovernmental organizations expressing
concern with EPA's efforts to develop appropriate testing
methods for existing water quality criteria for coastal
recreation waters. Under the existing 1986 criteria, EPA
recommended the use of the indicator organisms, enterococci and
E. coli, as appropriate predictors of potential waterborne
illness in water. However, because of the differing nature of
marine and fresh water environments, the use of a single
indicator for both marine and fresh water environments may be
inappropriate to ensure the maximum protection of human health
from waterborne illness.
The Committee strongly encourages EPA to evaluate the
appropriateness and effectiveness of both enterococci and E.
coli indicators in its efforts to determine appropriate interim
indicators for testing coastal recreation waters, while EPA
completes its development of new or revised water quality
criteria for coastal recreation waters.
Legislative History and Committee Consideration
On July 12, 2007, the Subcommittee on Water Resources and
Environment held a hearing on ``Reauthorization of the Beaches
Environmental Assessment and Coastal Health Act''. Testimony
was given by Representative Frank Pallone, Representative Brian
Bilbray, the Environmental Protection Agency, the Commissioner
of the New Jersey Department of Environmental Protection, the
Supervisor of the Town of Southampton, New York, the U.S.
Government Accountability Office, and representatives of non-
governmental organizations.
On October 31, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 2537 and
adopted an amendment in the nature of a substitute to the bill.
The amendment reduced the authorization of appropriations from
$60 million annually to $40 million annually, modified the
authority for source tracking to make the authority
discretionary, directed EPA to develop criteria for the use of
rapid testing methodologies, required States and local
governments to immediately post signage notifying the public
that a coastal recreation water may be impaired, and made
technical and clarifying changes to the bill. The Committee
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record 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 any amendment
offered to H.R. 2537 or on ordering the bill reported. A motion
to order H.R. 2537, as amended, reported favorably to the House
was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(I) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(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. 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 in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide for the monitoring of coastal recreation water quality
and public notification of any exceeding of applicable water
quality standards at beaches or similar points of public access
adjacent to coastal recreation waters.
3. 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 enclosed cost estimate for H.R. 2537
from the Director of the Congressional Budget Office.
Congressional Budget Office,
U.S. Congress,
Washington, DC, November 13, 2007.
Hon. James L. Oberstar,
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. 2537, the Beach
Protection Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Robert A. Sunshine,
(For Peter R. Orszag).
Enclosure.
H.R. 2537--Beach Protection Act of 2007
Summary: H.R. 2537 would authorize the appropriation of $40
million a year over the 2008-2012 period for the water quality
program that benefits coastal states under the Clean Water Act.
Under this program, the Environmental Protection Agency (EPA)
provides grants to state or local governments to support their
efforts to monitor the quality of coastal waters and notify the
public when beach water does not meet established standards.
This legislation also would authorize the appropriation of such
sums as may be necessary to manage the water quality program
through 2012.
Assuming the appropriation of the necessary funds, CBO
estimates that implementing H.R. 2537 would cost $24 million in
2008 and $186 million over the 2008-2012 period. Enacting the
bill would not affect direct spending or revenues.
H.R. 2537 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. 2537 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority\1\............................................ 11 0 0 0 0
Estimated Outlays.............................................. 11 0 0 0 0
Proposed Changes:
Administrative Support:
Estimated Authorization Level.............................. * 1 1 1 1
Estimated Outlays.......................................... * 1 1 1 1
Beach Protection Grants:
Estimated Authorization Level.............................. 30 40 40 40 40
Estimated Outlays.......................................... 24 38 40 40 40
Total Changes:
Estimated Authorization Level.............................. 30 41 41 41 41
Estimated Outlays.......................................... 24 39 41 41 41
Spending Under H.R. 2537:
Estimated Authorization Level\1\............................... 41 41 41 41 41
Estimated Outlays.............................................. 35 39 41 41 41
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
\1\The 2008 level is CBO's current estimate of budget authority and outlays for grants and administrative
expenses to support EPA's program to protect beaches under Public Law 110-92, a joint resolution making
continuing appropriations for the fiscal year 2008 and other purposes. CBO estimates budget authority provided
under such continuing resolutions on an annualized basis. (That total of $11 million was also provided for
2007.)
Basis of estimate: For this estimate, CBO assumes that H.R.
2537 will be enacted before the end of calendar year 2007 and
that the necessary funds will be appropriated for each year.
The bill would authorize the appropriation of $40 million
annually over the 2008-2012 period for grants to states to
implement beach water quality and public notification programs.
CBO estimates that, under the current continuing resolution for
fiscal year 2008 (Public Law 110-92), $10 million will be
provided for grants in 2008 (on an annualized basis); thus, we
estimate that implementing this legislation would require the
appropriation of an additional $30 million in 2008 and $40
million in each subsequent year. Based on historical spending
patterns for those grants, CBO estimates that providing the
grants would cost $182 million over the 2008-2012 period.
H.R. 2537 also would authorize the appropriation of such
sums as may be necessary for EPA to manage the program through
2012. Assuming appropriations for such administrative
activities would continue at the estimated 2008 level under the
current continuing resolution, CBO estimates that implementing
the program would cost about $1 million a year over the 2009-
2012 period. In total, CBO estimates that outlays resulting
from the appropriations for grants and administrative
activities would sum to $186 million over the 2008-2012 period.
Intergovernmental and private-sector impact: H.R. 2537
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on state, local, and tribal governments: Neil Hood;
Impact on the Private Sector; Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 2537, as amended, does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
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 (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 2537 does not
preempt any State, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are 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 (Public Law
104-1).
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 III--STANDARDS AND ENFORCEMENT
* * * * * * *
INFORMATION AND GUIDELINES
Sec. 304. (a)(1) * * *
* * * * * * *
(9) Revised criteria for coastal recreation waters.--
(A) 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 and rapid 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.
* * * * * * *
(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).
* * * * * * *
TITLE IV--PERMITS AND LICENSES
* * * * * * *
SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
(a) * * *
(b) Program Development and Implementation Grants.--
(1) * * *
* * * * * * *
(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.
[(3)] (4) 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) * * *
(ii) actions taken to notify the
public and all environmental agencies
of the State with authority to prevent
or treat sources of pollution in
coastal recreation waters when water
quality standards are exceeded.
* * * * * * *
[(4)] (5) Federal share.--
(A) * * *
* * * * * * *
(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) * * *
* * * * * * *
(4)(A) the methods, including rapid testing methods,
to be used for detecting levels of pathogens and
pathogen indicators that are harmful to human health;
and
* * * * * * *
(5) measures for [prompt communication]
communication, within 24 hours of the receipt of the
results of a water quality sample, 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)(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
* * * * * * *
(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;
(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
[(6)] (7) 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)] (8) 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[.];
(9) a publicly accessible and searchable global
information system database with information updated
within 24 hours of its availability, organized by beach
or similar point of access and with defined standards,
sampling plans, monitoring protocols, sampling results,
and number and cause of closures and advisory days;
(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 applicable water
quality standards for pathogens and pathogen
indicators.
* * * * * * *
(h) EPA Implementation.--
(1) In general.--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)] (A) to conduct monitoring and
notification; and
[(2)] (B) for related salaries, expenses, and
travel.
(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 or
before December 31 of such calendar year.
(3) Corrective action.--Any State or local government
that the Administrator notifies under paragraph (2)
that it is not in compliance with any requirement or
grant condition described in paragraph (2) shall take
such action as may be necessary to comply with such
requirement or condition within one year of the date of
the notification. If the State or local government is
not in compliance with such requirement or condition
within one year of such date, 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.
(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]
$40,000,000 for each of fiscal years 2008 through 2012.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
GENERAL DEFINITIONS
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) * * *
* * * * * * *
(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.
* * * * * * *
----------
BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000
* * * * * * *
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] 2012.
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