[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5849-H5851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    OCEAN POLLUTION REDUCTION ACT II

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4611) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4611

       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''.

[[Page H5850]]

  


     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.), 
     the Administrator may issue 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 that 
     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 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 any 
     requirements otherwise applicable to the discharge of 
     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 concurrence 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 applicant 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 applicant 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 for wastewater upstream from and at the Point Loma 
     Plant.
       (c) Milestones.--The Administrator 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 applicant 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) Point loma plant.--The term ``Point Loma Plant'' means 
     the Point Loma Wastewater Treatment Plant owned by the City 
     of San Diego on the date of enactment of this Act.
       (4) State.--The term ``State'' means the State of 
     California.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from North 
Carolina (Mr. Rouzer) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 4611, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.

                              {time}  1545

  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4611. The legislation 
introduced by Representative Scott Peters clarifies that the city of 
San Diego, California, can utilize the standard Clean Water and 
National Pollutant Discharge Elimination System permit process to 
continue operation of the Point Loma Wastewater Treatment Plant with 
alternative standards.
  The legislation provides regulatory accountability and consistency to 
the city and has the support of surrounding localities, local public 
work departments, and water districts, as well as nongovernmental and 
environmental organizations.
  I am unaware of any opposition to this legislation currently. The 
Point Loma Wastewater Treatment Plant applies for and receives a waiver 
under the Clean Water Act to discharge wastewater with less than full 
secondary treatment--the baseline requirement of the Clean Water Act. 
The facility qualifies for the waiver by meeting certain criteria and 
renews its application every 5 years.
  As part of a long-term effort, the Point Loma Wastewater Treatment 
Plant is working to reduce its discharge into coastal waters. This 
effort involves water recycling and will direct a portion of the 
facility's discharge. However, the facility's discharges into coastal 
waters will never be eliminated.
  To be clear, this legislation is not a waiver of all the requirements 
of the Clean Water Act, and the facility will need to comply with the 
other requirements of the act.
  I thank Representative Peters and the city of San Diego for 
continuing to work with us on this legislation. I support this 
legislation and ask my colleagues to do the same. I reserve the balance 
of my time.

                                         House of Representatives,


                               Committee on Natural Resources,

                                Washington, DC, November 12, 2020.
     Hon. Peter A. DeFazio,
     Chair, Committee on Transportation and Infrastructure, House 
         of Representatives, Washington, DC.
       Dear Chair Defazio: In recognition of the goal of 
     expediting consideration of H.R. 4611 the ``Ocean Pollution 
     Reduction Act II,'' the Committee on Natural Resources agrees 
     to waive formal consideration of the bill as to provisions 
     that fall within the Rule X jurisdiction of the Committee on 
     Natural Resources.
       The Committee on Natural Resources takes this action with 
     the mutual understanding that, in doing so, we do not waive 
     any jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved as the bill or similar 
     legislation moves forward so that we may address any 
     remaining issues within our jurisdiction. Our Committee also 
     reserves the right to seek appointment of conferees to any 
     House-Senate conference involving this or similar 
     legislation.
       Thank you for agreeing to include our exchange of letters 
     in the Congressional Record. I appreciate your cooperation 
     regarding this legislation and look forward to continuing to 
     work with you as this measure moves through the legislative 
     process.
           Sincerely,
                                                 Raul M. Grijalva,
     Chair, House Natural Resources Committee.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                Washington, DC, November 12, 2020.
     Hon. Raul M. Grijalva,
     Chair, Committee on Natural Resources,
     House of Representatives, Washington, DC.
       Dear Chair Grijalva: Thank you for your letter regarding 
     H.R. 4611, the Ocean Pollution Reduction Act II. I appreciate 
     your decision to waive formal consideration of the bill.
       I agree that the Committee on Natural Resources has valid 
     jurisdictional claims to certain provisions in this important 
     legislation, and I further agree that by forgoing formal 
     consideration of the bill, the Committee on Natural Resources 
     is not waiving any jurisdiction over any relevant subject 
     matter. Additionally, I will support the appointment of 
     conferees from the Committee on Natural Resources should a 
     House-Senate conference be convened on this legislation. 
     Finally, this exchange of letters will be included in the 
     Congressional Record when the bill is considered on the 
     floor.
       Thank you again, and I look forward to continuing to work 
     collaboratively with the

[[Page H5851]]

     Committee on Natural Resources on this important issue.
           Sincerely,
                                                  Peter A. DeFazio
                                                            Chair.

  Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 4611, the Ocean Pollution Reduction Act II. 
This bill would modify and simplify the city of San Diego's required 
permitting process under the Clean Water Act to operate the city's 
Point Loma Wastewater Treatment Plant.
  The bill would make permanent a regulatory exemption under the Clean 
Water Act, and, in exchange, the city would promote water recycling and 
conservation efforts at its facility. This would result in increased 
water supply for the region and reduce treated wastewater discharges to 
the ocean.
  The bill will help ensure that San Diego has long-term certainty for 
its water supply, all while saving the city and regional ratepayers 
millions of dollars by simplifying our permitting process.
  I urge support of this legislation, and I reserve the balance of my 
time.
  Ms. NORTON. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Peters). This is his legislation.
  Mr. PETERS. Mr. Speaker, I thank the gentlewoman for yielding.
  For 40 years, the city of San Diego has treated the region's sewage 
through the Point Loma Wastewater Treatment Plant. It is a chemically 
enhanced primary treatment facility that treats wastewater to a level 
that can be discharged into the ocean without harming the environment.
  The Clean Water Act generally requires sewer systems to implement a 
secondary level of treatment. However, scientists at the Scripps 
Institution of Oceanography have consistently said that forcing San 
Diego ratepayers to pay billions of dollars to upgrade the Point Loma 
facility to secondary treatment would be a waste of money because the 
enhanced advanced treatment the plant currently provides, combined with 
its 4-mile-long outfall, causes no harm to the ocean environment. In 
fact, the construction of a new facility along the coastline could do 
more harm than good. For these reasons, San Diego has been allowed to 
avoid building a new facility through a Federal waiver process at a 
cost of millions of dollars every 5 years.
  Water has always been in short supply in southern California, yet, 
during my first years on the San Diego City Council in the early 2000s, 
I was one of only three council members to support blackwater recycling 
to improve the reliability of our regional water supply.
  Even though all water is recycled, our opponents at the time dubbed 
it ``toilet to tap.'' Now, however, we recognize that historic 
droughts, combined with the shortage of melting snow, have made our 
water supply shortage a permanent challenge for the West. And today, 
San Diego's proposed water recycling plan with the more accurate 
moniker, the ``pure water program,'' has widespread support from among 
local elected leaders, environmental advocates, and State regulators.
  In 2019, I introduced the Ocean Pollution Reduction Act II, or OPRA 
II, to support the dual goals of increasing fresh water supply and 
reducing pollution output to the ocean.
  Under OPRA II, the city of San Diego must demonstrate that the pure 
water program can produce 83 million gallons a day of water by 2036. 
This is an estimated one-third of the entire city's drinking water 
needs. Over the same period, the program is expected to reduce 
pollution discharge from the Point Loma plant by over 100 million 
gallons.
  Pure water will still require substantial investment from San Diego 
ratepayers; however, this bill replaces the complex and expensive 
secondary treatment waiver application with a simpler and more 
environmentally effective process if the city meets stringent water 
recycling milestones.
  OPRA II has been a decades-long labor of love among the city of San 
Diego, its regional partners, and State and Federal Government. It will 
deploy cost-effective technology and will protect our region's water 
sources, technology that could one day be deployed by other vulnerable 
communities to help address water shortage issues.
  I urge my colleagues to support this legislation, and I thank my 
colleagues.
  Mr. ROUZER. Mr. Speaker, in closing, the simplified permitting 
process under H.R. 4611 will provide more certainty to communities in 
the San Diego area, will increase water recycling and conservation 
efforts there, as well as reduce treated wastewater discharges into the 
Pacific Ocean.
  I urge support of this bill, and I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 4611, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. NORTON. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
will be postponed.

                          ____________________