[House Report 116-576]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-576
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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OCEAN POLLUTION REDUCTION ACT II
_______
November 16, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4611]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 6
Legislative History and Consideration............................ 6
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 9
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 9
Federal Mandates Statement....................................... 9
Preemption Clarification......................................... 9
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
Committee Correspondence......................................... 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE OF LEGISLATION
The purpose of H.R. 4611, as amended, is to provide an
alternative process for the City of San Diego to comply with
the Clean Water Act's permitting requirements for the continued
operation of the Point Loma Wastewater Treatment Plant, while
ensuring continued reductions of pollutant discharges and
greater use of reclaimed wastewater associated with the Plant.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4611 seeks to clarify that the City of San Diego,
California, can utilize the standard Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit renewal
process and does not need a variance application to continue
operating the E.W. Blom Point Loma Metropolitan Wastewater
Treatment Plant (``Point Loma Plant'') and the Point Loma Ocean
Outfall, subject to the implementation of the permitting
requirements specified in the bill.
The Clean Water Act
The Federal Water Pollution Control Act, more commonly
known as the Clean Water Act, prohibits the discharge of
pollutants into navigable waters unless such discharges are
covered by a Federal permit\1\ as well as establishes national
minimum standards for certain discharges, including discharges
from publicly owned treatment works. Section 301(b)(1)(B)\2\ of
the Clean Water Act requires that all publicly owned treatment
works in existence as of July 1, 1977, achieve effluent
limitations based on secondary treatment standards,\3\
established by the Administrator of the U.S. Environmental
Protection Agency (EPA), and defined pursuant to section
304(d)(1)\4\ of the Act. These limitations and standards are
implemented through an NPDES permit, issued either by the EPA
Administrator or an approved State program, pursuant to section
402 of the Clean Water Act.\5\ The State of California is
currently approved to implement the Clean Water Act NPDES
program in the state.\6\
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\1\See 33 U.S.C. 1311(a).
\2\See 33 U.S.C. 1311(b)(1)(B).
\3\See https://www.epa.gov/npdes/secondary-treatment-standards.
Secondary treatment is defined in the regulation (40 CFR Part 133) in
terms of effluent quality for total suspended solids (TSS), biochemical
oxygen demand (BOD), and pH.
\4\See 33 U.S.C. 1314(d)(1).
\5\See 33 U.S.C. 1342.
\6\See https://www.epa.gov/npdes/npdes-state-program-authority.
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Section 301(h)\7\ of the Clean Water Act also includes a
process for certain publicly owned treatment works that
discharge into marine waters to continue to operate under a
Clean Water Act NPDES permit with a limited variance from the
secondary treatment standards. Section 301(h)\8\ authorizes the
EPA Administrator, with State concurrence, to issue such an
NPDES variance for discharges that meet the requirements of
that subsection.\9\ EPA regulations implementing section 301(h)
require that NPDES variances under section 301(h) must also
comply with applicable provisions of State, local, or other
Federal laws or Executive Orders, including the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.); the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and Title III of
the Marine Protection, Research and Sanctuaries Act (16 U.S.C.
1431 et seq.).\10\ NPDES permits, including those issued with a
301(h) variance, have a duration of five years and must be
renewed.\11\
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\7\33 U.S.C. 1311(h).
\8\See id.
\9\The statutory requirements for a 301(h) variance are that:
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(1) there is an applicable water quality standard
specific to the pollutant for which the modification is
requested;
(2) the discharge of pollutants in accordance with such
modified requirements will not interfere, alone or in
combination with pollutants from other sources, with the
attainment or maintenance of that water quality which
assures protection of public water supplies and the
protection and propagation of a balanced, indigenous
population of shellfish, fish, and wildlife, and allows
recreational activities, in and on the water;
(3) the applicant has established a system for monitoring
the impact of such discharge on a representative sample of
aquatic biota, to the extent practicable, and the scope of
such monitoring is limited to include only those scientific
investigations which are necessary to study the effects of
the proposed discharge;
(4) such modified requirements will not result in any
additional requirements on any other point or nonpoint
source;
(5) all applicable pretreatment requirements for sources
introducing waste into such treatment works will be
enforced;
(6) in the case of any treatment works serving a
population of 50,000 or more, with respect to any toxic
pollutant introduced into such works by an industrial
discharger for which pollutant there is no applicable
pretreatment requirement in effect, sources introducing
waste into such works are in compliance with all applicable
pretreatment requirements, the applicant will enforce such
requirements, and the applicant has in effect a
pretreatment program which, in combination with the
treatment of discharges from such works, removes the same
amount of such pollutant as would be removed if such works
were to apply secondary treatment to discharges and if such
works had no pretreatment program with respect to such
pollutant;
(7) to the extent practicable, the applicant has
established a schedule of activities designed to eliminate
the entrance of toxic pollutants from nonindustrial sources
into such treatment works;
(8) here will be no new or substantially increased
discharges from the point source of the pollutant to which
the modification applies above that volume of discharge
specified in the permit; and
(9) the applicant at the time such modification becomes
effective will be discharging effluent which has received
at least primary or equivalent treatment and which meets
the criteria established under section 304(a)(1) of the Act
after initial mixing in the waters surrounding or adjacent
to the point at which such effluent is discharged.
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\10\See 40 CFR 125, Subpart G.
\11\See 33 U.S.C. 1342(b)(1)(B).
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The Point Loma Wastewater Treatment Plant
The Point Loma Plant, located in San Diego, California,
began operations in 1963.\12\ The Plant treats approximately
175 million gallons of wastewater per day, generated in a 450-
square-mile area by more than 2.2 million residents.\13\ The
Point Loma Plant operates as a chemically-assisted primary
treatment plant, and is the terminal treatment facility
discharging to the Point Loma Ocean Outfall--a 4.5 mile pipe
that extends outward from the Point Loma Plant and discharges
treated wastewater into the Pacific Ocean at a depth of more
than 300 feet.\14\
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\12\https://www.sandiego.gov/public-utilities/customer-service/
water-wastewater-facilities/point-loma.
\13\See id.
\14\See infra at 15. The ocean outfall consists of an original
11,226-foot-long outfall section that was constructed in 1963 and a
12,246-foot-long extension that was added in 1993. The total length of
the outfall system is 23,472 feet, or approximately 4.5 miles.
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In 1979, the City of San Diego applied for a 301(h)
variance, which was approved by EPA and the State.\15\ Since
that time, the Point Loma Plant has generally operated, and is
currently operating, under a section 301(h) permit variance\16\
to discharge their wastewater with less than full secondary
treatment through the Ocean Outfall to the nearby coastal
waters. The current 301(h) variance was issued on October 1,
2017, and expires September 30, 2022.\17\
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\15\See United States of America v. City of San Diego, U.S.
District Court for the Southern District of California, March 31, 1994;
1994 U.S. Dist. LEXIS 19501 *; 38 ERC (BNA) 1718.
\16\See Waste Discharge Requirements and National Pollutant
Discharge Elimination System Permit for the City of San Diego E.W. Blom
Point Loma Wastewater Treatment Plant Discharge for the Pacific Ocean
Through the Point Loma Ocean Outfall (NPDES No. CA0107409), found at
https://www.epa.gov/sites/production/files/2017-08/documents/ca0107409-
point_loma_301h_
decision_and_tdd_2017-08-04.pdf.
\17\See id.
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According to the City of San Diego, it is impracticable for
the Point Loma Plant to meet the secondary treatment
requirements of the Clean Water Act, which has required the
Point Loma Plant to seek a section 301(h) variance for its
continued operation.\18\ The current 301(h) variance provides
the Point Loma Plant with a modification related to its
discharge levels for Total Suspended Solids (TSS) and
Biochemical Oxygen Demand (BOD).\19\
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\18\The City has expressed concern that local geographic
limitations, including the adjacency of the Point Loma Wastewater
Treatment Plant to the Cabrillo National Monument, the Point Loma
Ecological Reserve, and the U.S. Naval Base at Point Loma, California,
prevent the construction of treatment facilities that would be required
to achieve full compliance with the secondary treatment requirements of
the Clean Water Act. The City has also expressed the view that
establishing a standard that allows for greater use of reclaimed
wastewater to address the long-term water supply needs of the region
makes more practical sense than requiring the treatment of wastewater
that would ultimately be discharged into the Pacific Ocean.
\19\See supra note 15. According to information provided by EPA,
the Point Loma Plant currently removes approximately 80% of TSS, and
BOD removal is approximately 55-60%. Existing secondary treatment
standards require publicly owned treatment works to meet TSS and BOD
removal at 85% minimum.
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In addition, the City of San Diego is engaged in a long-
term effort to reduce discharges from the Point Loma Plant to
coastal waters while reclaiming treated wastewater for eventual
potable and non-potable reuse in the area.\20\ For example, in
connection with enactment of the Ocean Pollution Reduction Act
(Pub. L. 103-431), the City has constructed treatment
facilities with the capacity for 45,000,000 gallons of
reclaimed wastewater per day, which has also resulted in a
reduction in the discharge of TSS and BOD by the facility.
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\20\See ``Application for Renewal of NPDES CA0107409 and 301(h)
Modified Secondary Treatment Requirements,'' City of San Diego Public
Utilities, Water and Wastewater. January 2015. Accessed at https://
www.sandiego.gov/sites/default/files/ploovol2_15.pdf.
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In May 2020, the San Diego Regional Water Quality Control
Board issued a new NPDES permit for the North City Water
Reclamation and Pure Water Facility (part of San Diego's Pure
Water program) to combine tertiary treated recycled water and
additional highly advanced treatment (reverse osmosis,
oxidation, ultrafiltration, etc.), and then discharge to the
Miramar reservoir for eventual drinking water use.\21\ Once
fully operating, this will re-direct a portion of the Point
Loma discharge to the North City/Pure Water facility. However,
while the ocean discharges from the Point Loma Plant will be
reduced, such discharges will not be eliminated in the
foreseeable future.
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\21\See https://www.waterboards.ca.gov/sandiego/board_decisions/
adopted_orders/orders2020
.html.
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H.R. 4611, the Ocean Pollution Reduction Act II
The purpose of H.R. 4611, as amended, is to address the
long-term Clean Water Act permitting requirements for the City
of San Diego and co-cities which feed into Point Loma Plant for
wastewater treatment.
H.R. 4611, as amended, provides for an alternative process
for the Point Loma Plant to achieve compliance with the Clean
Water Act's NPDES permitting requirements, other than the
existing 301(h) variance conditions, while ensuring continued
reductions of pollutant discharges and greater use of reclaimed
wastewater associated with the Plant. The legislation also
eliminates the need to reapply for the variance specifically
for the Point Loma Plant, and provides direction to EPA for
including minimum treatment levels for the NPDES permit to be
issued to Point Loma Plant.
hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 4611:
On February 27, 2020, the Subcommittee on Water Resources
and Environment held a hearing, entitled ``Proposals for a
Water Resources Development Act of 2020: Members' Day
Hearing.'' Representative Scott Peters testified before the
Subcommittee on the issues addressed within H.R. 4611.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 4611 was introduced in the House on October 4, 2019,
by Mr. Peters and referred to the Committee on Transportation
and Infrastructure, and the Committee on Natural Resources.
Within the Committee, H.R. 4611 was referred to the
Subcommittee on Water Resources and Environment.
On September 30, 2020, the Subcommittee on Water Resources
and Environment was discharged from further consideration of
H.R. 4611.
The Committee met in open session to consider H.R. 4611 on
September 30, 2020, and ordered the measure to be reported to
the House with a favorable recommendation, as amended, by voice
vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mrs.
Napolitano (#1); was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1A); was WITHDRAWN.
Page 1, line 4, strike ``San Diego Point Loma'' and
insert ``Wastewater Facility Ocean Discharge''.
Page 1, line 10, strike ``the State, may issue to the
City'' and insert ``the applicable State, may issue to
a municipality''.
Page 1, beginning on line 12, strike ``the Point Loma
Plant'' and insert ``a treatment works''.
Page 2, beginning on line 3, strike ``the currently
designed deep ocean outfall from the Point Loma Plant''
and insert ``a deep ocean outfall from the treatment
works''.
Page 2, beginning on line 23, strike ``Point Loma
Plant'' and insert ``treatment works''.
Page 3, line 22, strike ``City'' and insert
``municipality''.
Page 4, line 11, strike ``City'' and insert
``municipality''.
Page 4, line 18, strike ``Point Loma Plant'' and
insert ``treatment works''.
Page 4, line 20, insert ``applicable'' before
``State''.
Page 4, line 25, strike ``the City'' and insert ``a
municipality''.
Page 5, line 1, strike ``the Point Loma Plant'' and
insert ``a treatment works''.
Page 5, strike lines 13 through 19 and insert a new
subsection entitled ``(3) FEDERAL WATER POLLUTION
CONTROL ACT TERMS.''
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 4611, as amended.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 4611 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 13, 2020.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4611, the Ocean
Pollution Reduction Act II.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
The National Pollutant Discharge Elimination System (NPDES)
program controls water pollution by regulating point sources of
discharge into the waters of the United States. Under that
program, publicly owned wastewater treatment works must meet
secondary treatment standards specified by law. The
Environmental Protection Agency (EPA) generally delegates the
authority to administer the NPDES program to individual states.
Under current law, the Point Loma Plant in San Diego,
California, can apply to be exempted from secondary treatment
standards if it meets certain conditions. H.R. 4611 would
eliminate the need for an application and would allow that
exemption under the plant's normal NPDES permit if it meets
additional conditions that include implementing a pretreatment
program and a water reuse program.
Using information from EPA, CBO estimates that implementing
the bill would have an insignificant effect on EPA's costs to
administer the NPDES program over the 2021-2025 period. CBO
expects that EPA's cost to administer the Point Loma Plant
secondary treatment standard waiver would shift to
administering and evaluating its performance under the NPDES
permit.
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide an alternative process for the City of San Diego to
achieve compliance with the Clean Water Act's permitting
requirements for the continued operation of the Point Loma
Wastewater Treatment Plant, while ensuring continued reductions
of pollutant discharges and greater use of reclaimed wastewater
associated with the Plant.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 4611, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 4611, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that H.R. 4611 may be cited as the
``Ocean Pollution Reduction Act II''.
Sec. 2. San Diego Point Loma permitting requirements
Subsection (a) authorizes the EPA Administrator, in
coordination with the State, to issue an NPDES permit (under
section 402 of the Clean Water Act) for a discharge from the
Point Loma Plant that complies with the requirements of
subsection (b).
Subsection (b) directs that a permit issued pursuant to
this legislation for the Point Loma Plant require the permittee
to--
(1) Maintain the current Point Loma Ocean Outfall;
(2) Attain explicit annual limits for the discharge
of TSS, which decrease from a level of 12,000 metric
tons on the date of enactment to not more than 9,942
tons by December 31, 2027;
(3) Comply with designated discharge limits of TSS on
a 30-day average;
(4) Require the removal of not less than 80 percent
of TSS from the discharge on a monthly average, and not
less than 58 percent of BOD on an annual average;
(5) Attain all other effluent limitations of
secondary treatment, as determined by the
Administrator;
(6) Comply with other applicable requirements of
sections 401 (state certification requirements), 402
(NPDES permit requirements), and 403 (ocean outfall
requirements) of the Clean Water Act;
(7) Comply with pretreatment requirements of the
Clean Water Act;
(8) Provide the Administrator with consecutive years
of ocean monitoring data to assist in determining
compliance with this Act and the Clean Water Act; and
(9) Demonstrate that at least 83,000,000 gallons per
day on an annual average of water suitable for potable
reuse will be provided by December 31, 2035.
Subsection (c) requires the Administrator, in coordination
with the State, to develop and incorporate into the NPDES
permit milestones for compliance with the requirements of this
Act.
Subsection (d) allows the permittee to pursue the
construction of facilities to comply with the normal secondary
treatment requirements of the Clean Water Act.
Subsection (e) defines the terms ``Administrator'',
``biochemical oxygen demand'', ``City'', ``Point Loma Plant'',
and ``State.''
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 4611 makes no changes in
existing law.
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