Ocean Pollution Reduction Act II

II 117TH CONGRESS 1ST SESSION H. R. 587 IN THE SENATE OF THE UNITED STATES JUNE 16, 2021 Received; read twice and referred to the Committee on Environment and Public Works AN ACT To modify permitting requirements with respect to the dis- charge 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 587 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Ocean Pollution Re- 2 duction Act II’’. 3 SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE- 4 MENTS. 5 (a) IN GENERAL.—Notwithstanding any provision of 6 the Federal Water Pollution Control Act (33 U.S.C. 1251 7 et seq.), the Administrator may issue a permit under sec- 8 tion 402 of the Federal Water Pollution Control Act (33 9 U.S.C. 1342) for a discharge from the Point Loma Plant 10 into marine waters that requires compliance with the re- 11 quirements described in subsection (b). 12 (b) CONDITIONS.—A permit issued under this section 13 shall require— 14 (1) maintenance of the currently designed deep 15 ocean outfall from the Point Loma Plant with a dis- 16 charge depth of not less than 300 feet and distance 17 from the shore of not less than 4 miles; 18 (2) as applicable to the term of the permit, dis- 19 charge of not more than 12,000 metric tons of total 20 suspended solids per year commencing on the date 21 of enactment of this section, not more than 11,500 22 metric tons of total suspended solids per year com- 23 mencing on December 31, 2025, and not more than 24 9,942 metric tons of total suspended solids per year 25 commencing on December 31, 2027; 26 VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 587 RFS (3) discharge of not more than 60 milligrams 1 per liter of total suspended solids, calculated as a 2 30-day average; 3 (4) removal of not less than 80 percent of total 4 suspended solids on a monthly average and not less 5 than 58 percent of biochemical oxygen demand on 6 an annual average, taking into account removal oc- 7 curring at all treatment processes for wastewater 8 upstream from and at the Point Loma Plant; 9 (5) attainment of all other effluent limitations 10 of secondary treatment as determined by the Admin- 11 istrator pursuant to section 304(d)(1) of the Federal 12 Water Pollution Control Act (33 U.S.C. 1314(d)(1)), 13 other than any requirements otherwise applicable to 14 the discharge of biochemical oxygen demand and 15 total suspended solids; 16 (6) compliance with the requirements applicable 17 to Federal issuance of a permit under section 402 18 of the Federal Water Pollution Control Act, includ- 19 ing State concurrence consistent with section 401 of 20 the Federal Water Pollution Control Act (33 U.S.C. 21 1341) and ocean discharge criteria evaluation pursu- 22 ant to section 403 of the Federal Water Pollution 23 Control Act (33 U.S.C. 1343); 24 VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 587 RFS (7) implementation of the pretreatment pro- 1 gram requirements of paragraphs (5) and (6) of sec- 2 tion 301(h) of the Federal Water Pollution Control 3 Act (33 U.S.C. 1311(h)) in addition to the require- 4 ments of section 402(b)(8) of such Act (33 U.S.C. 5 1342(b)(8)); 6 (8) that the applicant provide 10 consecutive 7 years of ocean monitoring data and analysis for the 8 period immediately preceding the date of each appli- 9 cation for a permit under this section sufficient to 10 demonstrate to the satisfaction of the Administrator 11 that the discharge of pollutants pursuant to a per- 12 mit issued under this section will meet the require- 13 ments of section 301(h)(2) of the Federal Water 14 Pollution Control Act (33 U.S.C. 1311(h)(2)) and 15 that the applicant has established and will maintain 16 throughout the permit term an ocean monitoring 17 program that meets or exceeds the requirements of 18 section 301(h)(3) of such Act (33 U.S.C. 19 1311(h)(3)); and 20 (9) to the extent potable reuse is permitted by 21 Federal and State regulatory agencies, that the ap- 22 plicant demonstrate that at least 83,000,000 gallons 23 per day on an annual average of water suitable for 24 potable reuse will be produced by December 31, 25 VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 587 RFS 2035, taking into account production of water suit- 1 able for potable reuse occurring at all treatment 2 processes for wastewater upstream from and at the 3 Point Loma Plant. 4 (c) MILESTONES.—The Administrator shall deter- 5 mine development milestones necessary to ensure compli- 6 ance with this section and include such milestones as con- 7 ditions in each permit issued under this section before De- 8 cember 31, 2035. 9 (d) SECONDARY TREATMENT.—Nothing in this sec- 10 tion prevents the applicant from alternatively submitting 11 an application for the Point Loma Plant that complies 12 with secondary treatment pursuant to section 13 301(b)(1)(B) and section 402 of the Federal Water Pollu- 14 tion Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 15 1342). 16 (e) DEFINITIONS.—In this section: 17 (1) ADMINISTRATOR.—The term ‘‘Adminis- 18 trator’’ means the Administrator of the Environ- 19 mental Protection Agency. 20 (2) BIOCHEMICAL OXYGEN DEMAND.—The 21 term ‘‘biochemical oxygen demand’’ means biological 22 oxygen demand, as such term is used in the Federal 23 Water Pollution Control Act. 24 VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 587 RFS (3) POINT LOMA PLANT.—The term ‘‘Point 1 Loma Plant’’ means the Point Loma Wastewater 2 Treatment Plant owned by the City of San Diego on 3 the date of enactment of this Act. 4 (4) STATE.—The term ‘‘State’’ means the State 5 of California. 6 Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 01:18 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H587.RFS H587 pbinns on DSKJLVW7X2PROD with BILLS