What This Bill Does
This bill allows the Environmental Protection Agency (EPA) Administrator to issue a special permit for the Point Loma Wastewater Treatment Plant in San Diego to discharge treated wastewater into the ocean under specific conditions. The bill modifies normal federal water pollution rules for this one facility only.
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Who It Affects
The City of San Diego, which owns the Point Loma Wastewater Treatment Plant, is directly affected. The EPA Administrator must review and approve any permits issued under this bill. California State government must review applications under water quality rules.
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Key Provisions
* The wastewater discharge pipe must stay at least 300 feet deep underwater and at least 4 miles from shore (Sec. 2(b)(1))
* The facility can discharge no more than 12,000 metric tons of total suspended solids (solid particles floating in water) per year until December 31, 2028, then must reduce to 11,500 metric tons per year, then further reduce to 9,942 metric tons per year by December 31, 2030 (Sec. 2(b)(2))
* The facility must remove at least 80 percent of total suspended solids monthly and at least 58 percent of biochemical oxygen demand (organic material that uses oxygen in water) annually across all treatment processes (Sec. 2(b)(4))
* The applicant must provide 10 consecutive years of ocean monitoring data before applying for a permit and maintain an ocean monitoring program throughout the permit term (Sec. 2(b)(8))
* By December 31, 2038, the facility must demonstrate it will produce at least 83,000,000 gallons per day of water suitable for drinking water reuse if permitted by federal and state regulators (Sec. 2(b)(9))
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What Changes
If this law passes, the Point Loma Wastewater Treatment Plant can operate under a new permit with different pollution discharge limits than normal federal rules would require. The plant must meet specific pollution reduction targets by specific dates. The EPA Administrator gains authority to issue permits with these specialized conditions only for this facility.
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Important Definitions
* **Administrator**: The head of the EPA (Sec. 2(e)(1))
* **Biochemical Oxygen Demand**: Biological oxygen demand as defined in federal water pollution law (Sec. 2(e)(2))
* **Point Loma Plant**: The Point Loma Wastewater Treatment Plant owned by the City of San Diego as of when this law passes (Sec. 2(e)(3))
* **State**: The State of California (Sec. 2(e)(4))
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Effective Date
Not specified in bill text
IB
Union Calendar No. 759
118TH CONGRESS
2D SESSION
H. R. 1720
[Report No. 118–929]
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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2023
Mr. PETERS (for himself, Mr. LEVIN, Mr. VARGAS, Mr. ISSA, and Ms. JA-
COBS) introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
DECEMBER 19, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 22, 2023]
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•HR 1720 RH
A BILL
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.
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•HR 1720 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Ocean Pollution Reduc-
4
tion Act II’’.
5
SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE-
6
MENTS.
7
(a) IN GENERAL.—Notwithstanding any provision of
8
the Federal Water Pollution Control Act (33 U.S.C. 1251
9
et seq.), the Administrator may issue a permit under section
10
402 of the Federal Water Pollution Control Act (33 U.S.C.
11
1342) for a discharge from the Point Loma Plant into ma-
12
rine waters that requires compliance with the requirements
13
described in subsection (b).
14
(b) CONDITIONS.—A permit issued under this section
15
shall require—
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(1) maintenance of the currently designed deep
17
ocean outfall from the Point Loma Plant with a dis-
18
charge depth of not less than 300 feet and distance
19
from the shore of not less than 4 miles;
20
(2) as applicable to the term of the permit, dis-
21
charge of not more than 12,000 metric tons of total
22
suspended solids per year commencing on the date of
23
enactment of this section, not more than 11,500 met-
24
ric tons of total suspended solids per year com-
25
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•HR 1720 RH
mencing on December 31, 2028, and not more than
1
9,942 metric tons of total suspended solids per year
2
commencing on December 31, 2030;
3
(3) discharge of not more than 60 milligrams per
4
liter of total suspended solids, calculated as a 30-day
5
average;
6
(4) removal of not less than 80 percent of total
7
suspended solids on a monthly average and not less
8
than 58 percent of biochemical oxygen demand on an
9
annual average, taking into account removal occur-
10
ring at all treatment processes for wastewater up-
11
stream from and at the Point Loma Plant;
12
(5) attainment of all other effluent limitations of
13
secondary treatment as determined by the Adminis-
14
trator pursuant to section 304(d)(1) of the Federal
15
Water Pollution Control Act (33 U.S.C. 1314(d)(1)),
16
other than any requirements otherwise applicable to
17
the discharge of biochemical oxygen demand and total
18
suspended solids;
19
(6) compliance with the requirements applicable
20
to Federal issuance of a permit under section 402 of
21
the Federal Water Pollution Control Act, including
22
State concurrence consistent with section 401 of the
23
Federal Water Pollution Control Act (33 U.S.C. 1341)
24
and ocean discharge criteria evaluation pursuant to
25
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•HR 1720 RH
section 403 of the Federal Water Pollution Control
1
Act (33 U.S.C. 1343);
2
(7) implementation of the pretreatment program
3
requirements of paragraphs (5) and (6) of section
4
301(h) of the Federal Water Pollution Control Act (33
5
U.S.C. 1311(h)) in addition to the requirements of
6
section 402(b)(8) of such Act (33 U.S.C. 1342(b)(8));
7
(8) that the applicant provide 10 consecutive
8
years of ocean monitoring data and analysis for the
9
period immediately preceding the date of each appli-
10
cation for a permit under this section sufficient to
11
demonstrate to the satisfaction of the Administrator
12
that the discharge of pollutants pursuant to a permit
13
issued under this section will meet the requirements
14
of section 301(h)(2) of the Federal Water Pollution
15
Control Act (33 U.S.C. 1311(h)(2)) and that the ap-
16
plicant has established and will maintain throughout
17
the permit term an ocean monitoring program that
18
meets or exceeds the requirements of section 301(h)(3)
19
of such Act (33 U.S.C. 1311(h)(3)); and
20
(9) to the extent potable reuse is permitted by
21
Federal and State regulatory agencies, that the appli-
22
cant demonstrate that at least 83,000,000 gallons per
23
day on an annual average of water suitable for pota-
24
ble reuse will be produced by December 31, 2038, tak-
25
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•HR 1720 RH
ing into account production of water suitable for po-
1
table reuse occurring at all treatment processes for
2
wastewater upstream from and at the Point Loma
3
Plant.
4
(c) MILESTONES.—The Administrator shall determine
5
development milestones necessary to ensure compliance with
6
this section and include such milestones as conditions in
7
each permit issued under this section before December 31,
8
2038.
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(d) SECONDARY TREATMENT.—Nothing in this section
10
prevents the applicant from alternatively submitting an ap-
11
plication for the Point Loma Plant that complies with sec-
12
ondary treatment pursuant to section 301(b)(1)(B) and sec-
13
tion 402 of the Federal Water Pollution Control Act (33
14
U.S.C. 1311(b)(1)(B); 33 U.S.C. 1342).
15
(e) DEFINITIONS.—In this section:
16
(1)
ADMINISTRATOR.—The
term
‘‘Adminis-
17
trator’’ means the Administrator of the Environ-
18
mental Protection Agency.
19
(2) BIOCHEMICAL OXYGEN DEMAND.—The term
20
‘‘biochemical oxygen demand’’ means biological oxy-
21
gen demand, as such term is used in the Federal
22
Water Pollution Control Act.
23
(3) POINT LOMA PLANT.—The term ‘‘Point Loma
24
Plant’’ means the Point Loma Wastewater Treatment
25
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•HR 1720 RH
Plant owned by the City of San Diego on the date of
1
enactment of this Act.
2
(4) STATE.—The term ‘‘State’’ means the State
3
of California.
4
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Union Calendar No. 759
118TH CONGRESS
2D SESSION
H. R. 1720
[Report No. 118–929]
A BILL
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.
DECEMBER 19, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
VerDate Sep 11 2014
00:24 Dec 20, 2024
Jkt 059200
PO 00000
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E:\BILLS\H1720.RH
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