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Y 4. 11 53: 103-44 BEACHES ENVIRONMENTAL ASSESSMENT, CLOSURE, AND HEALTH ACT OF 1993 HEARING BEFORE THE SUBCOMMITTEE ON OCEANOGRAPHY, GULF OF MEXICO, AND THE OUTER CONTINENTAL SHELF; JOINT WITH SUBCOMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES HOUSE OF REPRESENTATr\^ES ONE HUNDRED THIRD CONGRESS FIRST SESSION ON H.R. 31 A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT AND THE COASTAL ZONE MANAGEMENT ACT OF 1972 TO IMPROVE THE QUALITY OF COASTAL RECREATION WATERS, AND FOR OTHER PURPOSES JULY 15, 1993 Serial No. 103-44 Printed for the use of the Committee on Merchant Marine and Fisheries U.S. GOVERNMENT PRINTING OFFICE ^*ZQ f ^ WASHINGTON 1993 : ForsalebytheU.S.GovemmenlPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-041720-1 Y 4. M 53: 103-44 BEACHES ENVIRONMENTAL ASSESSMENT, CLOSURE, AND HEALTH ACT OF 1993 HEARING BEFORE THE SUBCOMMITTEE ON OCEANOGRAPHY, GULF OF MEXICO, AND THE OUTER CONTINENTAL SHELF; JOINT WITH SUBCOMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES OF THE COMMITTEE ON MERCHANT MAEINE AND FISHERIES HOUSE OF REPRESENTATIVES ONE HUNDRED THIRD CONGRESS FIRST SESSION ON H.R. 31 A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT AND THE COASTAL ZONE MANAGEMENT ACT OF 1972 TO IMPROVE THE QUALITY OF COASTAL RECREATION WATERS, AND FOR OTHER PURPOSES JULY 15, 1993 Serial No. 103-44 Printed for the use of the Committee on Merchant Marine and Fisheries U.S. GOVERNMENT PRINTING OFFICE 73-065±5 WASHINGTON : 1993 ^ ? t ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington.DC 20402 ISBN 0-16-041720-1 COMMITTEE ON MERCHANT MARINE AND FISHERIES GERRY E. STUDDS, Massachusetts, Chairman WILLIAM J. HUGHES, New Jersey JACK FIELDS, Texas EARL HUTTO, Florida DON YOUNG, Alaska W.J. (BILLY) TAUZIN, Louisiana HERBERT H. BATEMAN, Virginia WILLIAM O. LIPINSKI, Illinois JIM SAXTON, New Jersey SOLOMON P. ORTIZ, Texas HOWARD COBLE, North Carolina THOMAS J. MANTON, New York CURT WELDON, Pennsylvania OWEN B. PICKETT, Virginia JAMES M. INHOFE, Oklahoma GEORGE J. HOCHBRUECKNER, New York ARTHUR RAVENEL, Jr., South Carolina FRANK PALLONE, Jr., New Jersey WAYNE T. GILCHREST, Maryland GREG LAUGHLIN, Texas RANDY "DUKE" CUNNINGHAM, California JOLENE UNSOELD, Washington JACK KINGSTON, Georgia GENE TAYLOR, Mississippi TILLIE K. FOWLER, Florida JACK REED, Rhode Island MICHAEL N. CASTLE, Delaware H. MARTIN LANCASTER, North Carolina PETER T. KING, New York THOMAS H. ANDREWS, Maine LINCOLN DIAZ-BALART, Florida ELIZABETH FURSE, Oregon RICHARD W. POMBO, California LYNN SCHENK, CaUfornia HELEN DELICH BENTLEY, Maryland GENE GREEN, Texas CHARLES H. TAYLOR, North Carolina ALCEE L. HASTINGS, Florida PETER G. TORKILDSEN, Massachusetts DAN HAMBURG, California BLANCHE M. LAMBERT, Arkansas ANNA G. ESHOO, California THOMAS J. BARLOW, III, Kentucky BART STUPAK, Michigan BENNIE G. THOMPSON, Mississippi MARIA CANTWELL, Washington PETER DEUTSCH, Florida GARY L. ACKERMAN, New York Jeffrey R. Pike, StaffDirector William W. Stelle, Jr.,ChiefCounsel Mary J. Fusco Kitsos, ChiefClerk Harry F. Burroughs, Minority StaffDirector Subcommittee on Oceanography, Gulf of Mexico, and THE Outer Continental Shelf SOLOMON P. ORTIZ, Texas, Chairman GENE GREEN, Texas CURT WELDON, Pennsylvania ANNA G. ESHOO, California JIM SAXTON, New Jersey GREG LAUGHLIN, Texas JACK FIELDS, Texas (ExOfficio) LYNN SCHENK, California GERRY E. STUDDS, Massachusetts, (ExOfficio) Sheila McCready, Staff Director Robert Wharton, SeniorProfessional Staff Lisa Pittman, Minority Counsel (II) m Page Subcommittee on Environment and Natural Resources GERRY E. STUDDS, Massachusetts, Chairman GEORGE J. HOCHBRUECKNER, New York JIM SAXTON, New Jersey FRANK PALLONE, Jr., New Jersey DON YOUNG, Alaska GREG LAUGHLIN, Texas CURT WELDON, Pennsylvania JOLENE UNSOELD, Washington ARTHUR RAVENEL, Jr., South Carolina JACK REED, Rhode Island WAYNE T. GILCHREST, Maryland ELIZABETH FURSE, Oregon RANDY "DUKE" CUNNINGHAM, California DAN HAMBURG, California MICHAEL N. CASTLE, Delaware BLANCHE M. LAMBERT, Arkansas CHARLES H. TAYLOR, North Carolina ANNA G. ESHOO, California JACK FIELDS, Texas (ExOfficio) EARL HUTTO, Florida W.J. (BILLY) TAUZIN, Louisiana SOLOMON P. ORTIZ, Texas BENNIE G. THOMPSON, Mississippi Daniel Ashe, Professional Staff Karen Steuer, Professional Staff GiNA DeFerrarl Professional Staff Laurel Bryant, MinorityProfessional Staff CONTENTS Page Hearingheld July 15, 1993 1 TextofH.R. 31 91 Statement of: Allin, Vickie A., Chief, Policy Coordination Division, Office of Coastal Resource Management, NOAA; accompanied by Thomas O'Connor, Chief, Coastal Monitoring Branch, Office ofOcean Resources, Coordina- tion and Assessment 17 Prepared statement 55 Bradley, Hon. Bill, a U.S. Senatorfrom NewJersey 38 Castle, Hon. Michael N., a U.S. Representative from Delaware 4 Prepared statement 5 • Chasis, Sarah, Senior attorney, Natural Resources Defense Council 23 Prepared statement 72 Dooley, Marlin, Director, Enforcement Coordination, New Jersey Depart- mentofEnvironmental Protection and Energy 21 Prepared statement submitted by Scott Weiner, Commissioner ofthe New Jersey Department of Environmental Protection and Energy; statementsubmitted by Marlin Dooley 68 Fields, Hon. Jack, a U.S. Representative from Texas, and Ranking Minor- ity Member, Committee on Merchant Marine and Fisheries 5 Hughes, Hon. William J., a U.S. Representative from NewJersey 10 Prepared statement 13 Lautenberg, a U.S. Senator from NewJersey 6 Prepared statement 36 Mauro, Garry, Commissioner, TexasGeneral Land Office 20 Prepared statement 65 Ortiz, Hon. Solomon P., a U.S. Representative fromTexas, and Chairman, Subcommittee on Oceanography, Gulf of Mexico, and the Outer Conti- nental Shelf 1 Saxton, Hon. Jim, a U.S. Representative from New Jersey, and Chair- man, Subcommittee on Environmentand Natural Resources 2 Preparedstatement 3 Schenk, Hon. Lynn, a U.S. Representative from California 3 Schrader, Betsy, Coordinator, Marine Debris Program, Center for Marine Conservation 25 Prepared statement 79 Stasikowski, Margaret J., Director, Health and Ecological Criteria Divi- sion, EPA; accompanied by Steve Schaub, Senior microbiologist, Office ofWater, EPA 15 Prepared statement 42 Weldon, Hon. Curt, a U.S. Representative from Pennsylvania 6 Additional material supplied: California DepartmentofHealth Services: Testimony regarding H.R. 31.... 167 CaliforniaWater Resources Control Board: Testimony regarding H.R. 31... 171 Florio, Jim, Governor ofthe StateofNewJersey, Testimony in supportof H.R. 31 103 Natural Resources Defense Council: Testing the Waters IH, Closings, Costs, and Cleanup at U.S. Beaches 107 New Jersey Department of Environmental Protection and Energy: Coop- erativeCoastal MonitoringProgram, The Annual Reportfor 1992 112 Communications submitted: Anderson, Lee G. (Mid-Atlantic Fishery Management Council): Letter of July 15, 1993, to Hon. WilliamJ. Hughes 193 (V) VI Page — Communicationssubmitted Continued Grigsby, Anthony (Texas Water Commission): Letter of July 6, 1993, to Hon. Solomon P. Ortiz 181 Jenkins, Scott A., Ph.D. (Surfrider Foundation): Letter ofJuly 8, 1993, to Hon. Solomon P. Ortiz 194 Mauro, Garry (Texas General Land Office): Letter of August 19, 1993, to Hon. Solomon P. Ortiz, in reply to questions submitted by the Subcom- mittees 184 Staff of Subcommittee on Oceanography, Gulf of Mexico, and the Outer Continental shelf: Memoto members, on Hearingon H.R. 31 176 Sulnick, Robert (American Oceans Campaign) et al: Open letter of July 13 to Representatives urging supportofH.R. 31 187 BEACHES ENVIRONMENTAL ASSESSMENT, CLOSURE, AND HEALTH ACT OF 1993 THURSDAY, JULY 15, 1993 House of Representatives, Subcommittee on Oceanog- raphy, Gulf of Mexico, and the Outer Continental Shelf, Joint with Subcommittee on Environment AND Natural Resources, Committee on Merchant Marine and Fisheries, Washington, DC. The Subcommittee met, pursuant to call, at 2:00 p.m., in room 1334, Longworth House Office Building, Hon. Solomon P. Ortiz [Chairman of the Subcommittee on Oceanography, Gulf of Mexico, and the Outer Continental Shelf] presiding. Present: Representatives Ortiz, Eshoo, Laughlin, Schenk, Pal- lone, Reed, Furse, Saxton, and Castle. Staff Present: Suzanne J. Waldron, Press Secretary; Robert Wharton, Professional Staff; John Aguirre, Clerk; Terry Schaff, Staff Assistant; Greg Gould, Staff Assistant; Lisa Pittman, Minori- ty Counsel; Laurel Bryant, Minority Professional Staff; Leigh Ann Clajrton, Clerk; Barbara-Jeanne Polo, Professional Staff; Daniel M. Ashe, Senior Professional Staff; Chris Mann, Professional Staff; Margherita Woods, Staff Assistant; Rebecca Feemster Dye, Minori- ty Counsel. STATEMENT OF THE HON. SOLOMON P. ORTIZ, A U.S. REPRE- SENTATIVE FROM TEXAS, AND CHAIRMAN, SUBCOMMITTEE ON OCEANOGRAPHY, GULF OF MEXICO, AND THE OUTER CONTI- NENTAL SHELF Mr. Ortiz. Good afternoon. The Subcommittees here will come to order and I would like to welcome all of you here today on behalf of the Subcommittee on Oceanography, Gulf of Mexico, and the Outer Continental Shelf, and the Subcommittee on Environment and Natural Resources. Today, the Subcommittees meet to discuss H.R. 31, the Beaches Environmental Assessment, Closure, and Health Act of 1993. I would like to commend my good friend from New Jersey, Mr. Hughes, for his leadership in the fight to ensure clean beaches and recreational waters. I, too, share his concern for the health of the Nation's beach-goers. I am concerned with the high occurrence ofbeach closures across the Nation. I believe that vacationers should not be concerned that they will become infected while visiting the shore, or that poten- tially dangerous debris will be floating in the water. (1) " I hope that we cannot only address the issue of how to monitor and assess the health of our beaches in order to protect public safety, but also how to stop our beaches and beach waters from being polluted in the first place. We have asked representatives here today from Federal and State Governments and from national public policy organizations to provide their perspectives on H.R. 31, the advantages and disad- vantages of instituting national criteria and monitoring for coastal recreational waters, and the effects and costs of this legislation at the State level where it will be implemented. STATEMENT OF THE HON. JIM SAXTON, A U.S. REPRESENTATIVE FROM NEW JERSEY, AND CHAIRMAN, SUBCOMMITTEE ON EN- VIRONMENT AND NATURAL RESOURCES Mr. Ortiz. The other Ranking Member, Mr. Weldon has not ar- rived, but we will recognize my good friend, Mr. Saxton, for a statement. Mr. Saxton. Mr. Chairman, thank you very much. I have a statement that I would like to submit for the record, but in the interest of time, let me just commend my colleague from New Jersey, Mr. Hughes, who has been the prime sponsor for at least two sessions ofthis very important bill. Welcome Senator Lautenberg. As you can see, those of us who are from New Jersey and have had experience with keeping coastal areas clean and pristine and restored, work as a team in order to carry that out. This is an important bill. I would just point out that there has been a great deal of concern and a great deal of study relative to the condition ofoffshore waters and near shore waters. The National Academy of Sciences, for example, has done ex- haustive studies, and I would just like to read one of their findings from one of their recent studies. They say that, "Oyer 100 patho- genic viruses and bacteria have been identified in runoff and sewage. Numerous shellfish beds and bathing beaches are closed due to unacceptable levels ofcoliform bacteria each year. And, of course, this is true not just in New Jersey. In fact. New Jersey has cleaned up its act with standards we believe should be put in place throughout the country, throughout the coastal areas. "Although concentrations of coliform bacteria higher than con- ventional standards indicate unacceptably high risks of exposure to human pathogens through water contact, sports, or consumption of shellfish, the opposite is not true. Concentrations of coliform bacteria below the standards do not reliably predict that waters and shellfish have safe levels." So, Mr. Chairman, due to our experience, due to our ability to put in safe standards in New Jersey, due to our ability to clean up We our shore areas, our tourism industry is once again thriving. can use New Jersey as a case study. We can use New Jersey as an experience through which the rest of the coastal areas of our country can also thrive. So I certainly am a strong supporter of Mr. Hughes' effort and thank you for the time. Mr. Ortiz. Thank you.