May states adopt a single sample maximum only for their beaches, rather than for all coastal recreation waters?
No. This is because EPA has interpreted CWA section 303(i)(1)(A) of the Clean Water Act to require states to adopt a geometric mean and at least one SSM for all of their coastal recreation waters, not just for their beaches. In determining whether or not a state’s coastal recreation water quality standards for bacteria are as protective of human health as the 1986 bacteria criteria document, EPA will look to see if the water quality standards include, along with a geometric mean, at least one SSM for each of the state’s coastal recreation waters. EPA will also look to see if criteria for designated bathing beaches include an SSM based on the 75% confidence level, because EPA considers this approach to be as protective of human health as the 1986 bacteria criteria. EPA included in the BEACH Act rule any state or territory that did not cover all coastal recreation waters with a SSM and that for designated bathing beaches did not have a SSM based on the 75% confidence level. EPA does not
