119-hr1390

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1390 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1390

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

 February 14, 2025

 Mr. Peters (for himself, Mr. Levin, Mr. Vargas, Mr. Issa, and Ms. 
 Jacobs) introduced the following bill; which was referred to the 
 Committee on Transportation and Infrastructure

_______________________________________________________________________

 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.

 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, 2029, and not more than 9,942 metric 
 tons of total suspended solids per year commencing on December 
 31, 2031;

    (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, 2039, 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, 2039.
            (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.
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