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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4611 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 4611

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2020

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
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, 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.

            Passed the House of Representatives November 17, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```