BEACH Act
The Beaches Environmental Assessment and Coastal Health Act (BEACH Act) signed into law on October 10, 2000, amends the federal Clean Water Act (CWA), incorporating provisions intended to reduce the risk of illness to users of the Nation's recreational waters. The BEACH Act authorizes the U.S. Environmental Protection Agency (EPA) to award program development and implementation grants to eligible States, Territories, Tribes, and local governments to support microbiological testing and monitoring of coastal recreation waters, including the Great Lakes, that are adjacent to beaches or similar points of access used by the public. BEACH Act grants also provide support for development and implementation of programs to notify the public of the potential exposure to disease-causing microorganisms in coastal recreation waters. EPA encourages coastal States and Territories to apply for BEACH Act Grants for Program Implementation (referred to as Implementation Grants) to implement effective and comprehensive coastal recreation water monitoring and public notification programs. CWA section 406(i) authorizes appropriations of up to $30 million per year to develop and implement beach programs. Unfortunately, only about one-third that amount has been authorized each year since the program's inception. For 2012, the total fund available for BEACH Act grants is $9.8 million. Funding beyond 2012 is in jeopardy, since EPA's budget request for this program in FY2013 is ZERO. If available, funds are allocated to the states and territories based on a formula which uses three factors that are readily available and verifiable: (1) Length of beach season, (2) miles of beach and (3) number of people that use the beaches. Texas is eligible for a $379,000 grant in 2012.

On April 8, 2009, Texas Land Commissioner Jerry Patterson unveiled the new Texas Beach Watch website. The website is part of a public notification initiative that reports water conditions along the coast. The updated website provides information alerts on water quality conditions for Texas recreational beach users.

Other parts of the public notification initiative include a banner ad campaign on selected travel and news websites, public service announcements for television and radio in both English and Spanish and new beach signage to correspond with the new Texas Beach Watch logo.

Much of the following discussion is taken from the Texas section of National Resources Defense Council's (NRDC) report Testing the Waters, A Guide to Water Quality at Vacation Beaches, June 2011.

Texas has 169 public beaches. Out of approximately 2,500 miles of coastal, bay, and estuarine shoreline in Texas, 324 miles are subject to the BEACH Act. The Texas General Land Office (GLO) administers the Texas Beach Watch Program.

Texas experienced a much higher rate of beachwater quality exceedances in 2010 than in 2009. This is due in large part to the flooding that occurred along the Rio Grande River and in Mexico as a result of Hurricane Alex and Tropical Depression #2. The mouth of the Rio Grande River is located at Boca Chica Beach in Cameron County. The flooding increased the bacteria levels on Boca Chica Beach and South Padre Island beaches for a period of several days.

Beachwater at Cole Park and Ropes Park along Corpus Christi Bay is monitored at six sites through the Texas Beach Watch Program. These sites have a history of exceeding the water quality standard. These parks have stormwater outfalls and are located in a residential area of the city of Corpus Christi, and the potential for human contamination is high. In 2010, water samples from the monitoring stations at Ropes Park and Cole Park were analyzed using the polymerase chain reaction (PCR) method to detect the esp marker as an indicator of human contamination. The results of this preliminary study suggest there is some human contribution to the fecal contamination at these two parks, and investigations are continuing.

In 2010 Nueces County had nearly 50% of the state’s closings and advisories. Texas’s Coastal Management Program has awarded a grant to Texas A&M University–Corpus Christi to develop and conduct a sanitary survey for Nueces and Aransas counties. The grant begins October 1, 2011.

In 2011, the Texas Beach Watch Program added two testing locations at Sylvan Beach Park. Sylvan Beach Park is located on Galveston Bay in the city of La Porte in Harris County.

Monitoring

Sampling Practices: Beaches are monitored year-round, with more frequent monitoring from May to September for all monitored beaches and during the month of March to coincide with spring break at Gulf of Mexico beaches.

The GLO determines sampling practices and locations, and recommends that local government and health departments issue beach advisories when the bacterial standard is exceeded. Samples are generally collected about one foot below the surface in water that is knee deep in an area where people are engaging in recreational activity. If the majority of recreational activity occurs at a depth significantly different than two feet, then samples can be collected at the location of greatest swimmer activity. Also, if the two-foot sampling depth is more than 50 meters from shore, samples can be collected at the location of greatest swimmer activity. Recreational beach segments used most frequently by the public and where health risks are the greatest are given priority for monitoring.

If a sample exceeds standards, monitoring is conducted daily until standards are met. States that monitor more frequently after an exceedance is found will tend to have higher percent exceedance rates and lower total closing/ advisory days than they would if their sampling schedule did not alter after an exceedance was found.

Closings and Advisories

Standards and Procedures: The GLO applies an enterococcus single-sample maximum of 104 cfu/100ml when deciding whether to recommend advisories. In 2010, two samples were taken simultaneously at each location and the results were averaged before comparing with the standard. No geometric mean standard for five samples taken over a 30- day period is applied. Beginning in 2011, one sample per station is being collected.

V. vulnificus causes a bacterial infection that may be contracted by eating contaminated seafood, especially oysters. The bacteria can also enter the body through open wounds when a bather is swimming or wading in tainted waters. Symptoms of infection include vomiting, diarrhea, abdominal pain, and a blistering dermatitis. The Texas Department of Health tests regularly for V. vulnificus in Galveston Bay as it is a primary health consideration to oyster consumption and harvesting as well as skin contact.

Texas does not have preemptive rainfall standards. In the case of a known sewage spill, the decision to issue a preemptive closing or advisory is made by local government.

The Texas Parks and Wildlife Department (TPWD) has a team of biologists that responds to incidents where fish or other animals have been harmed. These specially trained biologists contact other agencies and personnel (including Texas Department of State Health Services if human health issues are suspected, Texas Commission on Environmental Quality for impacts to natural resources, and the governing authority that manages a particular area), collect water samples for analysis and confirmation of algae, if appropriate, collect water quality and environmental data, and identify and count the number of dead wildlife, among other tasks. The TPWD monitors harmful algal blooms and communicates to the public through their website, email alerts, and a hotline. The Harmful Algal Bloom Workgroup has produced the Texas Harmful Algal Bloom Response Plan for identification and management of harmful algal blooms in Texas.

Water Quality Contact

Craig Davis
Texas Beach Watch Coordinator
Grant Program & Support
Texas General Land Office
Phone: (512) 463-8126
Email: craig.davis@glo.texas.gov

Beach Closures

NRDC reported:

Number of Closings and Advisories: Total closing/advisory days for 508 events lasting six consecutive weeks or less tripled to 704 days in 2010, from 231 days in 2009. For prior years, there were 318 days in 2008, 532 days in 2007, 473 days in 2006, and 420 days in 2005. There were no extended or permanent events in 2010. Extended events are those in effect more than six weeks but not more than 13 consecutive weeks; permanent events are in effect for more than 13 consecutive weeks. For the 508 events lasting six consecutive weeks or less, all closing/advisory days in 2010 were due to monitoring that revealed elevated bacteria levels.

Beach Closure Data

Year	Temporary	Long Term
2010	704	0
2009	231	0
2008	318	0
2007	532	0
2006	473	0
2005	420	0
2004	834	0
2003	71	0
2002	182∗	0
2001	317	0
2000	0	4

Sources: NRDC, 2011; GLO, 2007
∗ = at least this number

NRDC reported:

In 2010, Texas reported 169 coastal beaches. Of these, 65 (38%) were monitored once a week, and 104 (62%) were not monitored. NRDC looked at the percent of monitoring samples that exceeded the state’s daily maximum bacterial standards (all reported samples were used to calculate the 2010 percent exceedance values, including duplicate samples and samples taken outside the official beach season, if any). In 2010, 8% of all reported beach monitoring samples exceeded the state’s daily maximum bacterial standards. The beaches with the highest percent exceedance in 2010 were Palacios–Palacios Pavilion in Matagorda County (34%); Ropes Park (33%), Cole Park (29%), and Poenisch Park (22%) in Nueces County; Boca Chica State Park in Cameron County (20%); and Texas City Dike in Galveston County (20%). Matagorda County had the highest exceedance rate (20%) in 2010, followed by San Patricio (13%), Nueces (11%), Aransas (11%), Kleberg (10%), Cameron (8%), Brazoria (5%), Galveston (4%), and Jefferson (1%) counties. Beaches in Calhoun, Chambers, Harris, Refugio, and Willacy counties were not monitored.

According to CMP staff, none of the counties participating in the Beach Watch program issue closures. Beach closures can only be initiated at the local level. The local governments with the authority to issue closures have not closed any beaches since the program was initiated.^[1]

In May 2011, U.S. EPA released its latest data about beach closings and advisories for the 2010 swimming season. Note that for some states the data is incomplete, making state-to-state or year-to-year comparisons difficult.

The EPA has information on water quality in Texas, including a fact sheet that notes that the leading problem in estuaries is bacteria that contaminate shellfish beds. Sixty-one percent of the surveyed estuarine waters fully support shellfishing use, 23% partially support this use, and 16% do not support shellfishing.

The United States Geological Survey (USGS) maintains a website, Texas Water Science Center. This site is a valuable source of information including current projects, online reports, publications, and maps, real-time water conditions and educational outreach material for teachers and students.

Additional water quality information is available from the Texas Sea Grant website.

Storm Drains and Sewage Outfalls

Virtually all of the Texas coast is bordered by a barrier island system that separates the Gulf of Mexico from the bays. Although fishing activity is heavy in the bay systems, most swimming occurs on the Gulf beaches. The sewage-treatment plants (STPs) that have outfalls along the estuaries discharge into the bays or tributaries of the bays. There are few, if any, combined sewer and stormwater systems, although at times the STPs can have a bypass. Stormwater runoff and sewage treatment plant bypasses can adversely affect water quality in the bays and shellfish-harvesting areas. Matagorda Bay and bay systems in Matagorda County are closed periodically to shellfishing by the Texas Department of Health because of elevated coliform levels from stormwater runoff.^[2]

Information from the Texas GLO states "Texas has no sewage treatment facilities located on the Gulf of Mexico shoreline. Although some beach front subdivisions drain toward the Gulf, current development regulations require new developments to drain away from the beach."

Additional information on sewage treatment plants may be obtained from the Texas Commission on Environmental Quality, the permitting agency for sewage treatment plants. Their website is: http://www.tceq.state.tx.us/nav/permits/water_qual.html

The Texas Coastal Nonpoint Source Pollution Control Program (Coastal NPS Program) is outlined in a two-volume set. Volume I, available via the CMP Website in Adobe Acrobat format presents the program and response to public comments: http://www.glo.state.tx.us/coastal/nps.html. Volume II contains a list of the applicable laws, regulations, and programs that will be used to carry out the program. Maps from this document, in GIF or JPEG format, are also viewable online.

Water Quality Contact (Runoff and Outfalls)

Craig Davis
Texas Beach Watch Coordinator
Grant Program & Support
Texas General Land Office
Phone: (512) 463-8126
Email: craig.davis@glo.texas.gov

Perception of Causes

GLO considers non-point source pollution to be the greatest regional threat to coastal water quality.^[3]

In September 2009 the Gulf Restoration Network gave Texas a grade of C- (best of all the Gulf states) on how well they implement the Clean Water Act and protect their state waters and public health. The Clean Up Your Act report grades the Gulf States on issues such as establishing water quality standards, policies to prevent Dead Zone-causing pollution, public health protection, and facilitating public participation in the policy-making process.

Texas Integrated Report for Clean Water Act Sections 305(b) and 303(d) evaluates the quality of surface waters in Texas, and provides resource managers with a tool for making informed decisions when directing agency programs.

Public Education

Texas conducted an extensive outreach campaign about its beachwater quality monitoring program in 2009. The GLO launched a revised Texas Beach Watch website in March 2009, and banner ads ran on selected websites identified as beach tourist websites and on major media websites in Texas’ urban areas in early 2009. In April of 2009, the GLO began a public service announcement campaign with television, radio, and web banner ads that continued through Labor Day 2009. A continuing outreach program is the Texas Adopt-A-Beach Program. The program strives to raise public awareness, educate citizens about the sources of debris, and generate public support for state, national and international action to clean up coastal waters.

The Texas Coastal NPS Program was mentioned above. The Coastal Management Program funds projects through the Texas Coastal Nonpoint Source Pollution Control Program (Coastal NPS Program), such as storm drain stenciling, materials in Spanish on the responsible use of landscaping chemicals and fertilizers, development of the Clean Texas Marinas Program through Sea Grant, and a project by the Pollution Prevention office of Texas A&M University - Corpus Christi to increase awareness of stormwater/nonpoint source pollution issues and to assist Coastal Bend governments and businesses with development of nonpoint source pollution prevention programs. The Land Office is also developing a coloring book on nonpoint source pollution.

Addressing the connection between water quality and land use is the primary goal of the Texas Coastal Watershed Program. Using the Sea Grant and Land Grant extension model, the Watershed Program educates and assists local decision makers on planning to protect land, implementing low impact development, and embracing density as a critical element of smart coastal growth that balances economic growth with environmental protection. The Program is engaged in projects ranging from the establishment of an urban wetland to treat storm water runoff in Houston to planning for a more walkable main street in a small coastal town.

The approach of the Texas Coastal Watershed Program embraces the idea that where development is occurring, it can be designed and constructed in ways that minimize impacts to coastal natural resources and water quality. Fortunately for Texas, urban patterns that enable more land preservation are also demanded by citizens seeking better places to live with more community interactions. Therefore, the Watershed Program is promoting smarter coastal growth that emulates the look and feel of our oldest and most beloved cities, such as Charleston, SC. Outcomes sought include minimizing impervious surfaces (e.g. asphalt and concrete) and imitating nature wherever possible.

Substantial additional public education information can be found on the TCEQ website.

Education for Citizens and Teachers:

CLEAN TEXAS - A statewide pollution prevention program to educate the public and develop, recognize, and inspire programs.
Education, K through 12 - Lesson plans and other educational resources.
Take Care of Texas News You Can Use - A free packet containing reproducible materials for educating others on taking action to improve the environment.
Nonpoint Source Pollution (NPS) - Information on TCEQ's NPS Public Education Campaign.
Rainwater Collection and Treatment
Storm Drain Marking Manual - A citizen education plan to prevent chemicals and debris from being dumped into storm drains.
Take Care of Texas Guide To Yard Care - A four-step plan for cutting pollution through composting and cost-effective yard care practices.
Xeriscaping - Landscaping that conserves water and prevents pollution.

The Educator's Guide to Marine Debris, Southeast and Gulf of Mexico was produced by COSEE SE, various Sea Grant organizations and others.

Report-A-Litterer is an app that gives Texans a way to actively report liter and litterbugs who are messing with Texas roadways and adjacent open space areas like beaches. Simply open the app, tap the type of litter you just saw, and use the optional voice recording function to record to the offender's license plate and vehicle information (for reporting through DontMessWithTexas.org). You can also view a real-time zoom-able map of Texas with all reports, including the dates and types of litter reported. Users can also view and amend past reports, including the ability to publish reports to Facebook.

The five U.S. Gulf of Mexico States — Alabama, Florida, Louisiana, Mississippi, and Texas — formed the Gulf of Mexico Alliance in 2004 to increase regional collaboration and enhance the ecological and economic health of the Gulf of Mexico region. The Alliance is focused on the following priority areas:

Water Quality
Habitat Conservation and Restoration
Ecosystem Integration and Assessment
Nutrients & Nutrient Impacts
Coastal Community Resilience
Environmental Education

In addition, the Gulf of Mexico Alliance is deeply concerned about the potential environmental impacts the BP oil spill incident on the Gulf Coast region. Each Gulf state is implementing an emergency response plan, and due to the strong Gulf States alliance, agencies are coordinating to address the uncertain future of the region in the wake of the oil spill. Ongoing activities of the Alliance will support future mitigation actions related to water quality and the habitats impacted by this incident.

General Reference Documents and Websites

NOAA has created an Alternatives for Coastal Development website which illustrates and analyzes three different residential development scenarios for for a hypothetical coastal property. Economic, environmental, and social indicators are calculated and compared for each scenario. This information should be useful to anyone (developers, citizens, local governments, etc.) interested in applying similar development design components in their communities.

EPA has compiled several NPS (Nonpoint Source) Outreach Products that are a selection of television, radio, and print products on nonpoint source pollution that have been developed by various agencies and organizations around the country. They are good examples of outreach in the mass media.

NOAA, in partnership with the U.S. Environmental Protection Agency, International City/County Management Association and Rhode Island Sea Grant, will be releasing, in August 2009, a first-of-its kind interagency guide that adapts smart growth principles to the unique needs of coastal and waterfront communities. Smart Growth for Coastal and Waterfront Communities builds on existing smart growth principles to offer 10 coastal and waterfront-specific guidelines that help manage development while balancing environmental, economic, and quality of life issues.

USGS' Great Lakes Beach Science website has a nationwide database that contains greater than 1200 citations for publications directly and indirectly pertaining to recreational water quality intended for access by the general public and scientific community. It is a fully searchable, downloadable bibliography that has been categorized into major study topics.

Footnotes

↑ Tammy Brooks, Program Specialist, TCMP. Surfrider State of the Beach survey response. January 27, 2003.
↑ Natural Resources Defense Council 2003 Testing the Waters Report.
↑ Tammy Brooks, Program Specialist, TCMP. Surfrider State of the Beach survey response. December 2003.

State of the Beach Report: Texas

Water Quality