Ocean Pollution Reduction Act II
Floor Speech
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Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 587) 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.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 587
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, 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 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, 2035, 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, 2035.
(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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Ms. NORTON. 587.
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Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I include in the Record a letter from the city of San Diego in support of H.R. 587. The City of San Diego, San Diego, CA, June 14, 2021. Hon. Scott Peters, House of Representatives, Washington, DC.
Dear Congressman Peters: On behalf of the City of San Diego, I am writing to you in support of the Ocean Pollution Reduction Act II (OPRA II) H.R. 587.
OPRA II is the product of a decades-long regional collaboration and will deploy advanced technology to purify recycled water. Additionally, this legislation is critical to implementing the comprehensive Pure Water San Diego program, which will provide a reliable, sustainable source of drinking water while simultaneously reducing treated discharge to the ocean by nearly 50 percent. This bill delivers certainty and provides a more streamlined process to comply with regulations, provided the City meets stringent water recycling milestones.
Under OPRA II, the City of San Diego must demonstrate that its Pure Water program is able to produce 83 million gallons of water a day, nearly one-half of the City's water supply demand by 2036. Over the same period, the program is expected to reduce treated discharge from the Point Loma Wastewater Treatment Plant, which will be continuously monitored and subjected to ongoing research efforts by academic, local, state, and national entities.
The City of San Diego is grateful for your leadership on this important legislative effort. Sincerely, Todd Gloria, Mayor, City of San Diego.
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Ms. NORTON. Madam Speaker, I rise in support of H.R. 587. The legislation, introduced by Representative Scott Peters, clarifies that the city of San Diego, California, can utilize the standard Clean Water Act National Pollution Discharge Elimination System permit process to continue operation of the Point Loma Wastewater Treatment Plant with alternative standards.
The legislation, which provides regulatory accountability and consistency to the city, has the support of surrounding localities, local public works departments and water districts, as well as local nongovernmental and environmental organizations.
Currently, the Point Loma Wastewater Treatment Plant applies for and receives a waiver under the Clean Water Act to discharge wastewater with less than full secondary treatment, the baseline requirement of the Clean Water Act. The facility qualifies for the waiver by meeting certain criteria and must renew its application every 5 years.
As part of a long-term effort, the Point Loma Wastewater Treatment Plant is working to reduce its discharges to coastal waters. This effort involves water recycling and will redirect a portion of the facility's discharge. However, the facility's discharges to coastal waters will never be eliminated.
To be clear, this legislation is not a waiver of all the requirements of the Clean Water Act, and the facility will need to comply with the other requirements of the act.
Madam Speaker, I urge my colleagues to support H.R. 587, and I reserve the balance of my time.
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Ms. NORTON. Madam Speaker, I yield such time as he may consume to the gentleman from California (Mr. Peters).
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Ms. NORTON. Madam Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.
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