[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4611 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 474
116th CONGRESS
  2d Session
                                H. R. 4611

                      [Report No. 116-576, Part I]

To modify permitting requirements with respect to the discharge of any 
  pollutant from the Point Loma Wastewater Treatment Plant in certain 
                 circumstances, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2019

  Mr. Peters introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
    Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                           November 16, 2020

Additional sponsors: Mr. Hunter, Mrs. Davis of California, Mr. Vargas, 
                      and Mr. Levin of California

                           November 16, 2020

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 16, 2020

 Committee on Natural Resources discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                                4, 2019]


_______________________________________________________________________

                                 A BILL


 
To modify permitting requirements with respect to the discharge of any 
  pollutant from the Point Loma Wastewater Treatment Plant in certain 
                 circumstances, and for other purposes.


 


    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 ``Ocean Pollution Reduction Act II''.

SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIREMENTS.

    (a) In General.--Notwithstanding any provision of the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) and section 307 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1456), the 
Administrator, in coordination with the State, may issue to the City a 
permit under section 402 of the Federal Water Pollution Control Act (33 
U.S.C. 1342) for a discharge from the Point Loma Plant into marine 
waters, which, in lieu of the requirements of subsections (b)(1)(B) and 
(j)(5) of section 301 the Federal Water Pollution Control Act (33 
U.S.C. 1311) otherwise applicable to the discharge of biochemical 
oxygen demand and total suspended solids, requires compliance with the 
requirements described in subsection (b).
    (b) Conditions.--A permit issued under this section shall require--
            (1) maintenance of the currently designed deep ocean 
        outfall from the Point Loma Plant with a discharge depth of not 
        less than 300 feet and distance from the shore of not less than 
        4 miles;
            (2) as applicable to the term of the permit, discharge of 
        not more than 12,000 metric tons of total suspended solids per 
        year commencing on the date of enactment of this section, not 
        more than 11,500 metric tons of total suspended solids per year 
        commencing on December 31, 2025, and not more than 9,942 metric 
        tons of total suspended solids per year commencing on December 
        31, 2027;
            (3) discharge of not more than 60 milligrams per liter of 
        total suspended solids, calculated as a 30-day average;
            (4) removal of not less than 80 percent of total suspended 
        solids on a monthly average and not less than 58 percent of 
        biochemical oxygen demand on an annual average, taking into 
        account removal occurring at all treatment processes at related 
        facilities for wastewater upstream from and at the Point Loma 
        Plant;
            (5) attainment of all other effluent limitations of 
        secondary treatment as determined by the Administrator pursuant 
        to section 304(d)(1) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1314(d)(1)), other than with respect to 
        concentration limits for biochemical oxygen demand and total 
        suspended solids;
            (6) compliance with the requirements applicable to Federal 
        issuance of a permit under section 402 of the Federal Water 
        Pollution Control Act, including State approval consistent with 
        section 401 of the Federal Water Pollution Control Act (33 
        U.S.C. 1341) and ocean discharge criteria evaluation pursuant 
        to section 403 of the Federal Water Pollution Control Act (33 
        U.S.C. 1343);
            (7) implementation of the pretreatment program requirements 
        of paragraphs (5) and (6) of section 301(h) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1311(h)) in addition to 
        the requirements of section 402(b)(8) of such Act (33 U.S.C. 
        1342(b)(8));
            (8) that the City provide 10 consecutive years of ocean 
        monitoring data and analysis for the period immediately 
        preceding the date of each application for a permit under this 
        section sufficient to demonstrate to the satisfaction of the 
        Administrator that the discharge of pollutants pursuant to a 
        permit issued under this section will meet the requirements of 
        section 301(h)(2) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1311(h)(2)) and that the applicant has established 
        and will maintain throughout the permit term an ocean 
        monitoring program that meets or exceeds the requirements of 
        section 301(h)(3) of such Act (33 U.S.C. 1311(h)(3)); and
            (9) to the extent potable reuse is permitted by Federal and 
        State regulatory agencies, that the City demonstrate that at 
        least 83,000,000 gallons per day on an annual average of water 
        suitable for potable reuse will be produced by December 31, 
        2035, taking into account production of water suitable for 
        potable reuse occurring at all treatment processes at related 
        facilities for wastewater upstream from and at the Point Loma 
        Plant.
    (c) Milestones.--The Administrator, in coordination with the State, 
shall determine development milestones necessary to ensure compliance 
with this section and include such milestones as conditions in each 
permit issued under this section before December 31, 2035.
    (d) Secondary Treatment.--Nothing in this section prevents the City 
from alternatively submitting an application for the Point Loma Plant 
that complies with secondary treatment pursuant to section 301(b)(1)(B) 
and section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1311(b)(1)(B); 33 U.S.C. 1342).
    (e) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Biochemical oxygen demand.--The term ``biochemical 
        oxygen demand'' means biological oxygen demand, as such term is 
        used in the Federal Water Pollution Control Act.
            (3) City.--The term ``City'' means the City of San Diego, 
        California.
            (4) Point loma plant.--The term ``Point Loma Plant'' means 
        the Point Loma Wastewater Treatment Plant owned by the City.
            (5) State.--The term ``State'' means the State of 
        California.
                                                 Union Calendar No. 474

116th CONGRESS

  2d Session

                               H. R. 4611

                      [Report No. 116-576, Part I]

_______________________________________________________________________

                                 A BILL

To modify permitting requirements with respect to the discharge of any 
  pollutant from the Point Loma Wastewater Treatment Plant in certain 
                 circumstances, and for other purposes.

_______________________________________________________________________

                           November 16, 2020

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           November 16, 2020

 Committee on Natural Resources discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed