Coastal Protection Act of 1990

Summary

Marine Protection Act of 1989 - Title I: Water Quality Protection Programs - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency, within 18 months of this Act's enactment and biennially thereafter, to designate all estuaries and coastal waters which are experiencing a general degradation of environmental conditions and do not support a balanced, indigenous population of fish and wildlife or allow for recreational activities in and on the water. Outlines elements to be considered in making such designations and requires the Administrator to conduct studies, research, and assessments, as necessary. Directs the Administrator to consider designations of specific estuaries and waterbodies. (All are currently listed as priority considerations under the Federal Water Pollution Control Act, with the exception of Casco Bay, Maine.) Authorizes the Governor of any State to nominate to the Administrator an estuary or coastal waterbody within such State for designation. Requires the Chesapeake Bay to be treated as a designated coastal waterbody pursuant to this Act. Directs the Administrator or, under certain circumstances, an approved State to: (1) exercise authorities concerning discharges to coastal waters and a prohibition on discharges of sewage from vessels pursuant to the Federal Water Pollution Control Act; (2) issue permits for industrial and municipal discharges of storm water to such waters; (3) consider prohibiting the specification of a designated area as a disposal site; (4) require public treatment works discharging to such waters to develop and enforce facility specific programs for the pretreatment of industrial wastes; and (5) conduct an assessment and prepare a management program for the watershed of a designated waterbody for States without approved programs. Applies such requirements to estuaries and coastal waterbodies designated after January 1, 1989. Makes technical amendments to provisions concerning management conferences, grants, and reporting requirements for the National Estuary Program. Authorizes the Administrator to require any person whose alleged activities cause or contribute to pollution to file a report concerning pollution prevention or reduction practices with the Administrator. Authorizes appropriations for FY 1990 through 1993. Requires penalties paid as a result of enforcement actions for violations of this Act to be deposited into the Estuaries Protection Fund. Directs the Administrator, in the case of any waterbody designated after January 1, 1989, to issue or renew a permit only if the applicant demonstrates: (1) a need to discharge to the designated waterbody based on a showing of the full utilization of waste minimization practices and the lack of alternative disposal options; and (2) that a proposed new discharge or an increase in volume or toxicity of an existing discharge will be offset by a decrease in other discharges and result in no net increase in pollutant loading to the waterbody. Applies such requirements to all new and existing discharges (except for existing discharges composed entirely of storm water). Authorizes the Administrator to modify such requirements, with respect to existing dischargers, if the owner or operator of a point source shows that such requirements will: (1) represent the maximum use of technology within the economic capability of the owner or operator; and (2) result in reasonable further progress toward the elimination of the discharge of pollutants. Requires applicants for Federal flood insurance for activities which may result in discharges or pollution to navigable waters to certify that such discharges will comply with applicable provisions of the Federal Water Pollution Control Act. Directs the Administrator to: (1) establish a national registry of coastal land; and (2) list such land in the registry based on submission of a completed application by the property owner. Provides that inclusion of land in the registry shall be at the sole discretion of the land owner. Directs the Administrator to operate a program to provide registrants of coastal land with informational and educational materials concerning: (1) land management and related practices to prevent water pollution and protect habitat; (2) activities and measures to protect aquatic life, wildlife, and significant natural features of land or natural resources; (3) the activities of Federal, State, and local agencies to protect coastal waters; and (4) the various requirements of Federal and State laws concerning land management, discharges to water, and other related activities. Permits the Administrator, at the request of a State Governor, to delegate operation of such program to a State agency. Requires the Administrator to publish periodically a National Coastal Registry document summarizing the listed land and to provide a copy to any applicant. Authorizes local public agencies or organizations, beginning on August 4, 1989, to take actions to implement a State management program for coastal waters without the State's approval if such State has failed to submit an approved program. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of designated waters. Requires the Administrator to prohibit the discharge from a vessel of sewage into any designated waterbody. 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 States in which a municipality discharges overflows from combined storm water and sanitary sewers into coastal waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the municipal entity responsible for the discharge; (3) identify the estimated volume and pollutant loading of the discharge over a one-year period; (4) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; (5) assess the potential to eliminate the discharge through flow reduction methods; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such municipalities to submit to the Administrator a program for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes municipalities which fail to implement such programs subject to penalties. Directs the Administrator to modify or issue permits for discharges of combined storm water and sanitary sewers by such municipalities to set forth a schedule for treatment. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires certain assistance to be provided only for development of such programs. Directs the Administrator, in allocating such assistance, to give priority to municipalities discharging into coastal waters. Limits the amount of Federal funding for such programs to 75 percent of the total cost of a project. Directs the Administrator to promulgate numeric coastal water and sediment quality standards for pollutants for which certain criteria have been published under the Federal Water Pollution Control Act. Authorizes any person to petition the Administrator for the development of additional criteria. Provides that State standards shall take precedence over Federal standards, unless the Federal standard pursuant to this Act is more stringent or protective of human health and the environment. Authorizes State Governors to petition the Administrator for lower numerical 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. coastal waters. Permits the Administrator to comply with requirements to establish sediment quality standards by establishing a scientific method, to be approved by the EPA Science Advisory Board, to convert numerical water quality standards to numerical sediment quality standards. Prohibits the issuance of permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or coastal waters if the Administrator determines that a discharge will: (1) prevent the protection and propagation of a balanced, indigenous population of fish and wildlife and will not provide for recreation in and on the water; or (2) prevent the attainment of standards established pursuant to this Act. Deems regulations creating exemptions to ocean discharge requirements to be invalid. Title II: Marine Sediment Contamination - Requires the Administrator to provide that criteria for any pollutant address coastal sediment to an extent adequate for the development of sediment standards. Amends the Marine Protection, Research, and Sanctuaries Act to set forth permit requirements for contaminated dredge material. Directs the Administrator to publish a description of best management practices for the dredging, transport, and disposal of contaminated dredge material. Prohibits the issuance of a general permit for such material. Permits States to adopt criteria and regulations relating to ocean dumping if such criteria and regulations are more stringent and protective of waters than those issued pursuant to such Act. Directs the Administrator to develop and implement site management plans for designated ocean dumping sites. Provides for: (1) the review and redesignation, if necessary, of such sites every five years; and (2) public comment on such designations. Revises general permit provisions for ocean dumping. Limits general permits to a period of two years. Directs the Administrator to revise guidelines to require permit applicants to dispose of dredge or fill material in coastal waters to establish whether such material contains pollutants in excess of concentrations established in sediment standards. Directs the Secretary of the Army to deny any such permit if such material is contaminated and the disposal site is located within an area designated as a priority estuary or coastal waterbody pursuant to this Act. Title III: Other Provisions - Requires the Administrator to report to the Congress on the extent and seriousness of airborne disposition of contaminants in coastal waters. Directs the Administrator to: (1) conduct research and monitoring, as necessary, to identify currently unregulated pollutants in the estuarine zone and coastal waters not addressed under the Federal Water Pollution Control Act; and (2) report and provide a plan to the Congress for controls of such pollutants. Requires the Administrator to report to the Congress on the potential use of microorganisms to degrade organic materials or chemical pollutants in municipal or industrial wastes both before and after disposal in the marine environment.

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4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 27 June 1990

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• Introduced in Senate

  summary · EN · 14 June 1989

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