[Congressional Record Volume 167, Number 104 (Tuesday, June 15, 2021)]
[House]
[Pages H2759-H2761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    OCEAN POLLUTION REDUCTION ACT II

  Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 587) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 587

       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.), 
     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,

[[Page H2760]]

     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. Madam Speaker, I ask unanimous consent that all Members 
have 5 days within which to revise and extend their remarks and include 
extraneous material on H.R. 587.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.

                              {time}  1245

  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I include in the Record a letter from the city of San 
Diego in support of H.R. 587.

                                        The City of San Diego,

                                     San Diego, CA, June 14, 2021.
     Hon. Scott Peters,
     House of Representatives,
     Washington, DC.
       Dear Congressman Peters: On behalf of the City of San 
     Diego, I am writing to you in support of the Ocean Pollution 
     Reduction Act II (OPRA II) H.R. 587.
       OPRA II is the product of a decades-long regional 
     collaboration and will deploy advanced technology to purify 
     recycled water. Additionally, this legislation is critical to 
     implementing the comprehensive Pure Water San Diego program, 
     which will provide a reliable, sustainable source of drinking 
     water while simultaneously reducing treated discharge to the 
     ocean by nearly 50 percent. This bill delivers certainty and 
     provides a more streamlined process to comply with 
     regulations, provided the City meets stringent water 
     recycling milestones.
       Under OPRA II, the City of San Diego must demonstrate that 
     its Pure Water program is able to produce 83 million gallons 
     of water a day, nearly one-half of the City's water supply 
     demand by 2036. Over the same period, the program is expected 
     to reduce treated discharge from the Point Loma Wastewater 
     Treatment Plant, which will be continuously monitored and 
     subjected to ongoing research efforts by academic, local, 
     state, and national entities.
       The City of San Diego is grateful for your leadership on 
     this important legislative effort.
           Sincerely,

                                                  Todd Gloria,

                                                            Mayor,
                                                City of San Diego.

  Ms. NORTON. Madam Speaker, I rise in support of H.R. 587. The 
legislation, introduced by Representative Scott Peters, clarifies that 
the city of San Diego, California, can utilize the standard Clean Water 
Act National Pollution Discharge Elimination System permit process to 
continue operation of the Point Loma Wastewater Treatment Plant with 
alternative standards.
  The legislation, which provides regulatory accountability and 
consistency to the city, has the support of surrounding localities, 
local public works departments and water districts, as well as local 
nongovernmental and environmental organizations.
  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 must renew its application every 5 years.
  As part of a long-term effort, the Point Loma Wastewater Treatment 
Plant is working to reduce its discharges to coastal waters. This 
effort involves water recycling and will redirect a portion of the 
facility's discharge. However, the facility's discharges to 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.
  Madam Speaker, I urge my colleagues to support H.R. 587, and I 
reserve the balance of my time.
  Mr. ROUZER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 587, introduced by Congressman Peters from 
California and others from his home State, is a bipartisan bill that 
aims to make permanent a regulatory exemption under the Clean Water 
Act. This exemption allows certain wastewater treatment facilities 
seeking to discharge to the ocean to apply for permit modifications 
that offer alternatives to the Clean Water Act's secondary treatment 
standards.
  These alternative standards must be met every 5 years during the 
normal permit renewal period. This permit renewal process is lengthy, 
complex, and costly.
  The city of San Diego's Point Loma Wastewater Treatment Plant has 
been operating under this regulatory exemption for well over two 
decades.
  The objectives of this bill are worthy and a win-win for the city and 
the environment.
  Madam Speaker, the bill will help ensure that San Diego has long-term 
certainty for its water supply and will save the city millions of 
dollars and protect regional ratepayers from billions in new costs by 
providing this regulatory certainty while preserving applicable 
standards.
  Madam Speaker, I support this legislation, and I reserve the balance 
of my time.
  Ms. NORTON. Madam Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Peters).
  Mr. PETERS. Madam Speaker, I thank the gentlewoman for yielding.
  Madam Speaker, I introduced the Ocean Pollution Reduction Act II, or 
OPRA II, for three reasons: one, to ensure that the Point Loma 
Wastewater Treatment Plant's waiver process is fair and efficient; two, 
to further reduce the facility's pollution output to the ocean; and 
three, to increase our region's freshwater supply.
  The city's proposed wastewater recycling plan, the Pure Water 
Program, will guarantee the region's water security and further reduce 
the amount of wastewater that flows into the ocean from the plant.
  OPRA II requires that the city of San Diego demonstrate that the Pure 
Water Program can produce 83 million gallons of freshwater a day 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 
treated wastewater flows from the Point Loma plant by over 100 million 
gallons.
  This bill replaces the complex and expensive secondary treatment 
waiver application with a simpler process, as long as the city meets 
stringent water recycling milestones.
  Madam Speaker, I urge my colleagues to support this legislation.
  Mr. ROUZER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 587 would support the water recycling and 
conservation efforts of the city of San Diego's Point Loma Wastewater 
Treatment Plant by making permanent its longstanding regulatory 
exemption under the Clean Water Act.
  Madam Speaker, this is a good bill, and I urge support of this 
bipartisan legislation.
  Madam Speaker, I yield back the balance of my time.
  Ms. NORTON. Madam Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.

[[Page H2761]]

  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. 587.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PERRY. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________