[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Extensions of Remarks]
[Pages E612-E613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF DEEP WATER OUTFALL TREATMENT SYSTEMS ACT

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                     HON. CARLOS A. ROMERO-BARCELO

                             of puerto rico

                    in the house of representatives

                        Tuesday, April 23, 1996

  Mr. ROMERO-BARCELO. Mr. Speaker, today I am introducing the Deep 
Water Outfall

[[Page E613]]

Treatment Systems Act. The purpose of this legislation is to amend 
section 301(h) of the Federal Water Pollution Control Act. This bill 
would allow public agencies in Hawaii and the insular areas of the 
United States to apply, within a limited time period, for permits to 
construct new deep ocean outfalls for their wastewater treatment 
plants.
  Under existing law territories and other insular areas of the United 
States are prohibited from constructing deep oceans outfalls for their 
wastewater treatment plants [WWTP's] that would: Protect the ocean 
environment, operate efficiently and save significant sums of money. 
The Environmental Protection Agency [EPA] is not allowed to accept new 
applications for waivers from secondary treatment requirements.
  This bill intends to amend section 301(h) of the Clean Water Act 
would allow such applications, and authorize EPA to review new deep 
ocean outfall proposals pursuant to the current, stringent Clean Water 
Act standards for such outfalls. This bill does not alter the rigorous 
criteria for issuing a waiver nor does it override the judgement of 
EPA. The bill reflects the goal of both Congress and the administration 
to find innovative, alternative and less-costly ways to apply existing 
statutes without compromising the environmental objectives underlying 
existing law.
  Many scientists and experts agree that plans to construct deep ocean 
outfalls at locations in certain States, including the territories of 
the United States, can provide the best environmental and economic 
alternative for wastewater treatment. The plans would not only preserve 
but would even improve the coastal environments where these discharges 
occur.
  Under the 1977 Clean Water Act, coastal communities--mainland and 
island--were permitted a time-limited opportunity to apply for 
exemptions from secondary treatment requirements, if they met very 
stringent environmental standards for ocean discharges. Overall EPA has 
granted 39 waivers. All applications were required to be submitted to 
EPA by December 29, 1982.
  Puerto Rico has proposed construction of a deep water outfall 
situated more than 300 feet deep and several miles from shore as an 
alternative to secondary treatment at the Mayaguez POTW. This would 
save the Government about $65 million. Substantial scientific data 
gathered from similarly situated POWT's with deep ocean outfalls 
indicates that such methods can achieve the equivalent of secondary 
treatment standards or even better.
  The evidence was so compelling in the instance of San Diego, CA, that 
Congress last year enacted and the President signed into law, 
legislation permitting EPA to consider a section 301(h) waiver 
application proposing a similar alternative to secondary treatment--
notwithstanding that such waiver otherwise would be time-barred under 
the Clean Water Act. I believe we deserve the same opportunity to 
implement cost-effective alternatives and seek a section 301(h) waiver.
  There are numerous precedents of such limited exceptions to the 
requirements of section 301. The municipal Wastewater Construction 
Grant Amendments of 1981 included a provision that extended the date 
under which section 301(h) waivers could be requested and specifically 
permitted the city of Avalon, CA, to receive such waiver. The Water 
Quality Act of 1987 included a specific exception for the Irvine Ranch 
Water District that permitted it also to file for a waiver after the 
deadline.
  I especially urge my colleagues on the Committee on Resources and on 
the Transportation and Infrastructure Committee to consider this bill 
and its commonsense approach to the regulatory burden.
  The proposed bill allows EPA to avoid the risk of requiring treatment 
for treatment's sake and from demanding expenditure of funds which 
could be better used to achieve additional water standards benefits 
elsewhere. It permits EPA to review new applications and proceed with 
the flexibility and latitude intended under the act. It would not 
require EPA to issue any waivers or modify the standards under which 
EPA considers such waivers. It allows certain States and the 
territories to apply to EPA under existing section 301(h) standards for 
modifications that best serve the marine environment and will at the 
same time, permit the implementation of wastewater treatment plans 
based upon sound science and technology that meet existing Clean Water 
Act standards.
  This bill is limited and targeted, provides for an efficient process, 
does not modify existing standards and would be implemented by EPA only 
if environmental and economic objectives are accomplished. I am hopeful 
that it will receive favorable congressional action at an early date.

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