Great Lakes: EPA and States Have Made Progress in Implementing the BEACH Act, but Additional Actions Could Improve Public Health Protection

In response to GAO's recommendation, in August 2007, EPA published its Critical Path Science Plan to communicate the agency's high priority research that it intends to conduct to establish the scientific foundation for new or revised recreational water quality criteria. As outlined in the Science Plan, EPA intends to conduct ongoing scientific research from July 2007 to December 2010, during which the agency will undertake several scientific studies including rapid water quality testing methods using molecular biology techniques. According to EPA, the agency expects to analyze and synthesize the study results and develop and publish the new or revised recreational water criteria and supplementary information from January 2011 to December 2012. Following issuance of the plan, EPA further refined its timeline for completing the studies on pathogens with the following key dates: EPA will complete an epidemiological study in a tropical region no later than December 15, 2010. EPA will complete an epidemiological study in marine waters impacted by urban runoff in a temperate region no later than December 15, 2010. EPA will sign for publication in the Federal Register a notice of availability of new or revised water quality criteria for pathogen or pathogen indicators by October 15, 2012. The Criteria Development Plan date was December 2012.

In response to GAO's 2007 recommendation, in 2008 EPA announced that it was considering retaining the original grant formula and implementing another change to address those needs. Specifically, on August 13, 2008, EPA published changes to the allocation formula that the Agency expected to implement starting with the BEACH Act grants to be awarded in 2010 (73 FR 47154). That funding formula change would shift funds from states not fully using their grants to states that use their grant funds and have more beach miles at which they could conduct monitoring and notification. EPA developed a supplemental formula based on beach miles and beach use that applies to any appropriated funds above $10 million and to any unspent funds being reallocated. EPA revised the BEACH Act grant allocation formula effective with the FY2010 grants.

EPA issued "National Beach guidance and Required Performance Criteria for Grants" in 2014. GAO followed up with EPA in July 2016 and determined that the guidance meets the intent of the recommendation. Specifically, EPA has developed guidance for states to develop tiered monitoring plans and how to set priorities for monitoring based on risk to human health. EPA included both models and rapid molecular testing methods to be used in monitoring. EPA also developed guidance for states to use Beach Action Values, developed in its 2012 Recreation Water Quality Standards, as the threshold for notifications.