Coastal Protection Act of 1991

Summary

Coastal Protection Act of 1991 - States that it is U.S. policy to restore and protect the integrity of the marine environment so that the values of such environment are not impaired by pollution. Title I: Marine Monitoring Programs - Amends the Marine Protection, Research, and Sanctuaries Act to direct the Administrator of the Environmental Protection Agency (EPA) to implement a program to measure the environmental quality of marine ecosystems. Requires the program to be located at the Environmental Research Laboratory, Narragansett, Rhode Island. Directs the Administrator to establish: (1) a program for identifying indicators of marine ecosystem quality; and (2) a system for designing and reviewing methods for monitoring marine ecosystems. Requires the Administrator to submit to the Congress a Comprehensive Implementation Strategy identifying activities to implement a comprehensive marine ecosystem monitoring program. Directs the Administrator to enter into memoranda of understanding with appropriate Federal agencies to coordinate Federal marine monitoring programs. Requires the Administrator to report annually to the Congress on the condition of the nation's marine ecosystems. Directs the Administrator to establish: (1) a Marine Environment Information Program to compile and disseminate information on issues related to the marine environment; and (2) a program of research and monitoring to determine the effects of atmospheric pollutants on degradation of the marine environment. Authorizes appropriations. Title II: Coastal Water Quality Protection Programs - Amends the Federal Water Pollution Control Act to direct the Administrator to submit to the Congress a Coastal Environment Toxics Release Strategy. Requires the Administrator to prepare an annual assessment of the industrial categories discharging pollutants required to be reported pursuant to the Superfund Amendments and Reauthorization Act of 1986 into coastal waters and into publicly owned treatment works which discharge into such waters. Provides that the assessment shall identify: (1) categories which discharge the greatest amounts of pollutants; and (2) geographical areas receiving the greatest amount of pollutant discharges. Directs the Administrator to use the assessment to: (1) verify permit information; (2) improve individual control strategies for toxic pollutants; (3) identify other regulatory programs and adopt measures to assure that toxics data is incorporated into those programs; (4) identify pollutants for which water quality criteria have not been published; and (5) target compliance and enforcement actions. Extends the authorization of appropriations for the National Estuary Program. Adds Casco Bay, Maine, and Tampa Bay and Lower St. Johns River, Florida, to the list of areas to be given priority consideration for management conferences under the National Estuary Program. Prohibits the Administrator from convening a management conference for any estuary which is not designated as a priority marine water body under this Act. Authorizes (currently, requires) the Administrator to carry out specified environmental monitoring and research programs in estuaries. Directs the Administrator to designate all marine water bodies which do not assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and allow for recreational activities in and on the water. Requires the Administrator, in the designation of such water bodies, to give priority to water bodies which: (1) function as ecological systems; and (2) exhibit a range of degradation problems and are degraded by various pollution sources. Sets forth specific requirements for such water bodies with respect to point source discharges, permits for discharges of storm water, restrictions on disposal sites and discharges of sewage from vessels, pretreatment of industrial wastes, and management programs for watersheds. Requires publicly owned treatment works which serve industrial users and discharge to a designated water body to establish or revise a pretreatment program to include requirements for: (1) permits for industrial discharges into the treatment works; (2) local limits to control the discharge of toxic pollutants into the treatment works; (3) random sampling and inspection of industrial users; (4) development of enforcement response plans; (5) notification by industrial users of any discharge into the treatment works of a waste listed under the Resource Conservation and Recovery Act; and (6) notification by industrial users in advance of changes in the volume or character of pollutants in their discharge. Directs the Administrator to: (1) develop and test guidelines for publicly owned treatment works to reduce and control the sources of toxic pollutants found in waste waters; and (2) establish a data base of such sources. Requires local governments to provide State certifications to the Federal Emergency Management Agency (FEMA) to show that requirements for construction in the 100-year marine flood plain are adequate to assure that such construction will not violate State water quality standards. Directs FEMA to suspend any community failing to provide such certification from the flood insurance program. Requires the Administrator to establish a national program of outreach information and technical assistance for owners of marine land. Directs the Administrator to provide such owners with specified information concerning land management and environmental protection. Authorizes the delegation of the operation of such programs to States. Requires the Administrator to provide technical assistance to the Secretary of Agriculture to reduce agricultural and related sources of nonpoint source pollution to coastal waters. Directs the Administrator to: (1) identify those lands which, if enrolled in the Conservation Reserve Program, would contribute to protection of the coastal environment by reducing nonpoint source pollution; and (2) furnish the list of such lands to the Secretary to assist the Secretary in establishing priorities for expenditures under the Conservation Reserve Program. Requires the Administrator to prohibit the discharge from a vessel of sewage into any designated water body. Directs the Administrator to: (1) study the availability of adequate facilities for the safe and sanitary removal and treatment of sewage from vessels operating on coastal waters; and (2) report and make recommendations to the Congress on such study to assure that such facilities are reasonably available. Requires the Administrator to submit to specified congressional committees a five-year plan and schedule for the development, review, and revision of criteria for pollutants found in marine waters and sediment. Provides that the plan shall: (1) give priority to pollutants which pose the greatest threat to the marine environment; and (2) provide for biological toxicity criteria for marine waters and sediments. Permits persons to petition the Administrator to develop such criteria. Requires the Administrator to approve a petition if the pollutant is preventing the attainment of a balanced, indigenous population of fish, shellfish, and wildlife or preventing recreation in and on marine waters. Provides for the revision of such criteria, as necessary. Directs each State bordering on marine waters to promulgate numerical marine water and sediment quality standards for pollutants for which criteria have been published under the Federal Water Pollution Control Act. Requires such standards to assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and provide for recreational activities in and on the water. Directs the Administrator to establish standards for States which fail to do so and for areas of the marine environment not under State control. Provides that State standards shall take precedence over Federal standards, unless the Federal standard is more stringent or protective of human health and the environment. Authorizes State Governors to petition the Administrator for less stringent standards if proven that such standards will assure an equal degree of protection of human health and the environment and are appropriate because of significant differences in the biological, physical, and chemical characteristics of the waters in question and U.S. marine waters and sediments. Prohibits the issuance of permits for discharges into the territorial sea, the waters of the contiguous zone, or the oceans if the Administrator determines that a discharge is expected to: (1) prevent the protection and propagation of a balanced, indigenous population of fish and wildlife and recreational activities in and on the water; or (2) prevent the attainment of standards established pursuant to this Act. Authorizes the Administrator to apply specified ocean discharge criteria in considering permit requests for discharges in estuarine waters. Deems regulations creating exemptions to ocean discharge requirements to be invalid. Requires the Administrator, in assessing the effects of a proposed discharge to marine waters, to consider an applicant's demonstration of the need to discharge based on a showing of measures to eliminate or minimize the discharge. Directs the Administrator to publish guidance describing pollution prevention methods and the EPA's expectations with regard to such demonstrations. Extends the authorization of appropriations for the Chesapeake Bay Program. Title III: Marine Sediment Contamination - National Sediment Contamination Survey Act of 1990 - Amends the Federal Water Pollution Control Act to require the Administrator to: (1) conduct a survey of, and report to the Congress on, sediment contamination in U.S. coastal waters; and (2) compile information on the quantity, chemical and physical makeup, and geographic location of contaminated sediments, the source of contamination, and the environmental and human health effects of contamination. Amends the Marine Protection, Research, and Sanctuaries Act to prohibit the issuance of permits or dumping authorizations for dumping material which contains contaminants in excess of water or sediment quality standards or criteria adopted pursuant to the Federal Water Pollution Control Act. Provides for special permits (currently, waivers of requirements) for the disposition of dredged material which would result in noncompliance with dumping criteria or restrictions. Requires the Administrator (currently, authorizes) to designate sites or times for ocean dumping. Directs the Administrator to develop and implement site management plans for designated ocean dumping sites. Prohibits the designation of, and the issuance of permits or dumping authorizations for, a site unless a site management plan has been developed. Provides for public comment on, and periodic review of, site designation actions and management plans. Revises general permit provisions for ocean dumping. Limits such permits to a period of three years. Expands the scope of penalties for ocean dumping violations. Title IV: Other Provisions - Directs the Administrator to: (1) conduct research and monitoring to identify unregulated pollutants in the estuarine zone, coastal waters, and the Great Lakes not currently addressed in requirements of the Federal Water Pollution Control Act; and (2) report to the Congress on such pollutants and provide a plan for integrating these contaminants into the pollution control authorities of such Act. Provides for studies and reports on pollution in coastal waters. Requires the Administrator to: (1) study the activities of Federal agencies that may result in degradation of coastal waters; and (2) report to the Congress on the study and recommendations to reduce such degradation. Directs Federal agencies to minimize degradation of coastal waters and preserve the natural values served by such waters in carrying out responsibilities. Requires the Administrator of the National Oceanic and Atmospheric Administration to study and report to specified congressional committees on the nature of the relationship between contact with marine pollutants and shellfish consumption with the incidence of human illnesses. Directs the Administrator of the National Oceanic and Atmospheric Administration to study and report to the Congress on: (1) the economic impacts caused by marine degradation; and (2) the impact that enhanced nitrogen levels in the marine environment may have on stimulating toxic algal blooms. Requires the EPA Administrator to report on the potential use of microorganisms to degrade pollutants such as organic material or chemical pollutants in municipal or industrial wastes both before and after disposal in the marine environment and the Great Lakes.

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 14 May 1991

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