§ 1346. — Coastal recreation water quality monitoring and notification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1346]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV--PERMITS AND LICENSES
Sec. 1346. Coastal recreation water quality monitoring and
notification
(a) Monitoring and notification
(1) In general
Not later than 18 months after October 10, 2000, 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)
of this section;
(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 will prevent consistency
with the performance criteria under subsection (a) of this
section; 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) of this section, 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) of this
section; 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) of this
section (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) of this
section, 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;
(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) Federal agency programs
Not later than 3 years after October 10, 2000, 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) of this section;
(3) includes a completed report on the information specified in
subsection (b)(3)(A) of this section, to be submitted to the
Administrator; and
(4) addresses the matters specified in subsection (c) of this
section.
(e) 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) of this section; and
(2) other information concerning pathogens and pathogen
indicators in coastal recreation waters that--
(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) In general
Beginning not later than 18 months after the date of publication
of performance criteria under subsection (a) of this section, 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)
of this section; 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) of this section).
(2) Availability
The Administrator shall make the list described in paragraph (1)
available to the public through--
(A) 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) of this section 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) of this section, 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) of this
section--
(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) of this section, including implementation of monitoring
and notification programs by the Administrator under subsection (h) of
this section, $30,000,000 for each of fiscal years 2001 through 2005.
(June 30, 1948, ch. 758, title IV, Sec. 406, as added Pub. L. 106-284,
Sec. 4, Oct. 10, 2000, 114 Stat. 872.)
Section Referred to in Other Sections
This section is referred to in section 1377 of this title.
