[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2207 Referred in Senate (RFS)]

  2d Session
                                H. R. 2207


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 27, 1998

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
To amend the Federal Water Pollution Control Act concerning a proposal 
  to construct a deep ocean outfall off the coast of Mayaguez, Puerto 
                                 Rico.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal Pollution Reduction Act of 
1997''.

SEC. 2. MAYAGUEZ, PUERTO RICO.

    (a) Findings.--Congress makes the following findings:
            (1) The existing discharge from the Mayaguez publicly owned 
        treatment works is to the stressed waters of Mayaguez Bay, an 
        area containing severely degraded coral reefs, and relocation 
        of that discharge to unstressed ocean waters could benefit the 
        marine environment.
            (2) The Federal Water Pollution Control Act should, 
        consistent with the environmental goals of the Act, be 
        administered with sufficient flexibility to take into 
        consideration the unique characteristics of Mayaguez, Puerto 
        Rico.
            (3) Some deep ocean areas off the coastline of Mayaguez, 
        Puerto Rico, might be able to receive a less-than-secondary 
        sewage discharge while still maintaining healthy and diverse 
        marine life.
            (4) A properly designed and operated deep ocean outfall off 
        the coast of Mayaguez, Puerto Rico, coupled with other 
        pollution reduction activities in the Mayaguez Watershed could 
        facilitate compliance with the requirements and purposes of the 
        Federal Water Pollution Control Act without the need for more 
        costly treatment.
            (5) The owner or operator of the Mayaguez publicly owned 
        treatment works should be afforded an opportunity to make the 
        necessary scientific studies and submit an application 
        proposing use of a deep ocean outfall for review by the 
        Administrator of the Environmental Protection Agency under 
        section 301(h) of the Federal Water Pollution Control Act.
    (b) Application for Secondary Treatment Waiver for Mayaguez, Puerto 
Rico, Deep Ocean Outfall.--Section 301 of the Federal Water Pollution 
Control Act (33 U.S.C. 1311) is amended by adding at the end the 
following:
    ``(q) Application for Waiver.--
            ``(1) Study.--In order to be eligible to apply for a waiver 
        under this section, the owner or operator of the Mayaguez, 
        Puerto Rico, publicly owned treatment works shall transmit to 
        the Administrator a report on the results of a study of the 
        marine environment of coastal areas in the Mayaguez area to 
        determine the feasibility of constructing a deep ocean outfall 
        for the Mayaguez treatment works. In conducting the study, the 
        owner or operator shall consider variations in the currents, 
        tidal movement, and other hydrological and geological 
        characteristics at any proposed outfall location. Such study 
        may recommend one or more technically feasible and 
        environmentally acceptable locations for a deep ocean outfall 
        intended to meet the requirements of subsection (h). Such study 
        may be initiated, expanded, or continued not later than 3 
        months after the date of the enactment of this subsection.
            ``(2) Section 301(h) application for mayaguez, puerto 
        rico.--Notwithstanding subsection (j)(1)(A), not later than 18 
        months after the date of the enactment of this subsection, an 
        application may be submitted for a modification pursuant to 
        subsection (h) of the requirements of subsection (b)(1)(B) by 
        the owner or operator of the Mayaguez, Puerto Rico, publicly 
        owned treatment works at a location recommended in a study 
        conducted pursuant to paragraph (1). Such application shall not 
        be subject to the application revision procedures of section 
        125.59(d) of title 40, Code of Federal Regulations. No such 
        application may be filed unless and until the applicant has 
        entered into a binding consent decree with the United States 
        that includes, at a minimum, the following:
                    ``(A) A schedule and milestones to ensure 
                expeditious compliance with the requirements of 
                subsection (b)(1)(B) in the event the requested 
                modification is denied, including interim effluent 
                limits and design activities to be undertaken while the 
                application is pending.
                    ``(B) A schedule and interim milestones to ensure 
                expeditious compliance with the requirements of any 
                modification of subsection (b)(1)(B) in the event the 
                requested modification is approved.
                    ``(C) A commitment by the applicant to contribute 
                not less than $400,000 to the Mayaguez Watershed 
                Initiative in accordance with such schedules as may be 
                specified in the consent decree.
            ``(3) Initial determination.--On or before the 270th day 
        after the date of submittal of an application under paragraph 
        (2) that has been deemed complete by the Administrator, the 
        Administrator shall issue to the applicant a tentative 
        determination regarding the requested modification.
            ``(4) Final determination.--On or before the 270th day 
        after the date of issuance of the tentative determination under 
        paragraph (3), the Administrator shall issue a final 
        determination regarding the modification.
            ``(5) Additional condition.--The Administrator may not 
        grant a modification pursuant to an application submitted under 
        this subsection unless the Administrator determines that the 
        new deep water ocean outfall will use a well-designed and 
        operated diffuser that discharges into unstressed ocean waters 
        and is situated so as to avoid discharge (or transport of 
        discharged pollutants) to coral reefs, other sensitive marine 
        resources or recreational areas, and shorelines.
            ``(6) Effectiveness.--If a modification is granted pursuant 
        to an application submitted under this subsection, such 
        modification shall be effective only if the new deepwater ocean 
        outfall is operational on or before the date that is 4\1/2\ 
        years after the date of the Administrator's initial tentative 
        determination on the application.''.

SEC. 3. NATIONAL ESTUARY PROGRAM.

    (a) Grants for Comprehensive Conservation and Management Plans.--
Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(g)(2)) is amended by inserting ``and implementation'' after 
``development''.
    (b) Authorization of Appropriations.--Section 320(i) of such Act 
(33 U.S.C. 1330(i)) is amended by striking ``1987'' and all that 
follows through ``1991'' and inserting the following: ``1987 through 
1991, such sums as may be necessary for fiscal years 1992 through 1997, 
and $20,000,000 for fiscal year 1998''.

            Passed the House of Representatives November 13, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.