[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1720 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1720
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.
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, 2027, and not more than 9,942 metric
tons of total suspended solids per year commencing on December
31, 2029;
(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, 2037, 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, 2037.
(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.
<all>