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Beaches Environmental Assessment & Coastal Health Act of 1999
Section-by-Section Summary

Section 2 Adoption of Coastal Recreation Water Quality Criteria and Standards by States

  • Initial criteria: Within 3 ½ years of enactment, States with coastal recreation waters are required to adopt initial water quality criteria and standards for those pathogens and pathogen indicators for which EPA has published criteria [303(i)(1)(A)];
  • New or revised criteria: Within 3 years of EPA’s publication of new or revised water quality criteria, States with coastal recreation waters are required to adopt and submit to EPA new or revised water quality standards [303(i)(1)(B)];
  • EPA authority: EPA has the authority to promptly propose water quality standards if the State fails to adopt standards consistent with EPA’s criteria [303(i)(2)(A)].

Section 3 Revisions to Water Quality Criteria

  • EPA studies on pathogens: Within 1 ½ years of enactment, EPA shall initiate (and complete within 3 years) studies to provide information for use in developing: (1) an assessment of potential health risks from exposure to pathogens, (2) indicators for improving detection of the presence of harmful pathogens; (3) methods for detecting the presence of harmful pathogens; and (4) guidance for State application of criteria for pathogens and pathogen indicators [104(v)];
  • Revised criteria: Within 5 years of enactment, EPA is required to publish new or revised water quality criteria for pathogens and pathogen indicators (including a revised list of testing methods), based on the results of the above studies [304(a)(9)(A)];
  • Five-year review of criteria: Within 5 years of EPA’s publication of new or revised criteria, and at least once every 5 years thereafter, EPA shall review and revise the criteria [304(a)(9)(B)].

Section 4 Coastal Recreation Water Quality Monitoring and Notification

  • National monitoring and notification performance criteria: Within 1 ½ years of enactment, EPA is required to publish performance criteria for (A) monitoring and assessing coastal recreation waters for attainment of applicable water quality standards for pathogens and pathogen indicators, and (B) prompt notification of the public, local governments, and EPA of any exceeding of or likelihood of exceeding such water quality standards [406(a)(1)];
  • Implementation grants: EPA may make grants to States and local governments to develop and implement programs for monitoring and notification as long as: (i) the program is consistent with EPA’s performance criteria; (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 relative risk to human health posed by pathogens and pathogen indicators; (iii) the State or local government discloses the factors used to prioritize use of grant funds; (iv) the State or local government provides a list of discrete areas of coastal recreation waters for which fiscal constraints will prevent consistency with the performance criteria; and (v) the public is provided an opportunity to review the program through a notice and public comment process [406(b)(1) and (2)(A)];
  • Grants to local governments: Local government grants are authorized only if the State is not implementing a program that meets the minimum requirements within 1 year of the publication of performance criteria [406(b)(2)(B)];
  • Periodic reporting: State grant recipients are required to submit a periodic report that describes (i) data collected as part of the monitoring and notification program, and (ii) actions taken to notify the public when water quality standards are exceeded [406(b)(3)];
  • State delegation to local governments: State grant recipients are required to identify each local government to which the State has delegated or intends to delegate responsibility for implementing a monitoring and notification program [406(b)(3)(B)];
  • Federal share: EPA grants may pay up to 100 percent of the costs of developing and implementing a program for monitoring and notification, and the non-Federal share of the costs may be in an amount in cash or in-kind not to exceed 50 percent [406(b)(4)];
  • Non-Federal share: A State or local government grant recipient must, as a condition, identify:
  1. lists of coastal recreation waters used by the public;
  2. for State monitoring and notification programs, the process by which the State may delegate to local governments responsibility for implementation;
  3. the frequency and location of monitoring and assessment of coastal recreation waters;
  4. the methods for detecting pathogens and pathogen indicators, and the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health;
  5. measures for prompt notification of the occurrence, nature, location, pollutants, and extent of any exceeding of, or likelihood of exceeding applicable water quality standards;
  6. measures for posting of signs sufficient to give notice to the public that coastal recreation waters are not meeting or are not expected to meet applicable water quality standards; 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. [406(c)]
  • Federal agency programs: Within 3 years of enactment, all relevant Federal agencies that have jurisdiction over coastal recreation waters adjacent to beaches or similar points of public access shall develop and implement a monitoring and notification program that (1) protects public health and safety, (2) is consistent with the EPA performance criteria, and (3) includes a completed report summarizing data collected and actions taken, and (4) addresses the requirements in Sect. 406(c) above [406(d)];
  • Database: EPA is required to establish, maintain and make available to the public a national coastal recreation water pollution occurrence database [406(e)];
  • Technical assistance for monitoring floatables: EPA is required to 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 [406(f)];
  • List of waters: Within 1 ½ years of the publication of performance criteria, EPA shall identify and maintain a publicly available list of discrete coastal recreation waters that (A) specifies any waters that are subject to a monitoring and notification program, and (B) specifies any waters for which there is no monitoring and notification program [406(g)];
  • EPA implementation: EPA is required to conduct a monitoring and notification program for any listed waters for which the State has no program that is consistent with the performance criteria [406(h)];
  • Authorization of Appropriation: Congress authorizes the use of $30,000,000 for fiscal years 2001 through 2005.

Section 5 Definitions

  • "Coastal recreation waters" [502(21)]
  • "Floatable materials" [502(22)]

Section 7 Report

  • General requirement: Within 4 years of enactment, and every 4 years thereafter, EPA is required to report to Congress on (1) recommendations concerning the need for additional water quality criteria for pathogens and pathogen indicators and other actions that should be taken to improve coastal water quality; (2) an evaluation of efforts to implement this Act; and (3) recommendations on improvements to methodologies and techniques for monitoring of coastal recreation waters.