To:
Members & Affiliates
From:
National Office
Date:
April 27, 1999
Subject:
Coastal Water Quality Legislation — Review & Comment
Reference:
LA 99-8
Action Please By: May 12, 1999 In connection with Earth Day on April 22, the U.S. House of Representatives unanimously approved legislation to establish uniform criteria for testing, monitoring and identifying public users for coastal recreation waters for the protection of public safety and improvement of environmental conditions. The bill, Beaches Environmental Assessment, Cleanup, and Health Act of 1999 (H.R. 999), introduced by Representative Brian Bilbray (R-CA), requires States to adopt water quality criteria for coastal recreation waters within three and one-half years. This bill has been supported by a broad bipartisan group of legislators, the White House and the U.S. Environmental Protection Agency (EPA), as well as environmental interest groups. The hurried passage of this bill reflects the desire of Congress, and especially the Republican majority, to showcase their ability to achieve environmental improvements.
The bill has been referred to the Senate Environment & Public Works Committee. Chairman John Chafee (R-RI) has indicated that coastal water quality is one of the 10 environmental priorities for the 106th Congress. We anticipate that the bill, or similar legislation, will also receive bipartisan support in the Senate. Following action by the Senate, a conference on the legislation would take place prior to its passage as law
Synopsis of H.R. 999
The House bill would: 1) direct EPA to prepare water quality criteria for beaches and coastal recreational waters under section 304(a) of the CWA; 2) direct the States to establish water quality standard criteria for beaches and coastal areas; and 3) establish coastal recreation water quality monitoring and notification requirements to be implemented through “performance criteria” issued by EPA. The bill authorizes $30 million annually for FY2000 to 2004 for grants to States and local governments to develop and implement monitoring and notification programs.As part of H.R. 999, within three years after the passage of the legislation, EPA is required to consult with States and local governments to conduct studies on potential health risks of coastal pollution, indicators for improving detection of pathogens and methods for detecting such pathogens. States are required to submit criteria in accordance with EPA's findings not later than three and one-half years after the passage of the legislation. Within four years of completing the study, EPA is required to issue revised water quality criteria for pathogens that are harmful to human health, including a list of indicators and test methods. The States will have three years after revising the water quality criteria to adopt the new standards. The Agency, in consultation with State and local officials, is also directed to establish methods for monitoring coastal waters that specify the frequency of monitoring based on periods of recreational use and proximity to pollution sources, and detection methods. The criteria would also provide for prompt notification of the public, local governments and EPA regarding water quality violations, and the specific types of information to be included in the notices. Lastly, the bill directs EPA to establish a national database on coastal pollution incidents.
The legislation would authorize a grant program of $30 million annually for the next five years for States and local governments to implement the program, with the Federal share comprising up to 100 percent of the State's program costs. Grants to local governments will be available to those communities which have been designated by the State with the authority to implement the coastal monitoring program.
AMSA Feedback on Coastal Bill Requested
In anticipation of action on similar legislation in the Senate, and to prepare for a future conference, AMSA wants to determine how this legislation would affect the membership. While this bill impacts only those members discharging to coastal recreation waters (i.e., Great Lakes and marine coastal waters used by the public for water contact recreation), a large majority of AMSA members are located in areas that would be affected by this legislation. Please review the attached copy of H.R. 999 and submit comments via fax Attn: Greg Schaner (202/833-4657) or e-mailed at gschaner@amsa-cleanwater.org no later than Monday, May 12.We are particularly interested in learning the following:
- Which members have specific expertise in working with beach and coastal monitoring issues?
- What concerns does your agency have with H.R. 999, especially in relation to the development and modification of water quality criteria?
- Are there ways in which this bill could be modified to address your agency's concerns?
Coastal Workgroup Being Formed
AMSA is in the process of identifying coastal member agencies to serve on a Coastal Workgroup of the Association's Water Quality Committee. Interested members should contact Greg Schaner at 202/296-9836 to express their interest.Thank you for your comments and participation.
ATTACHMENT:
For this downloadable file, you must have the Acrobat Reader. If you don't have the Acrobat Reader, click on the icon to the right to download a copy. After you download and install a copy, return to this page and click on the link below.