Ocean Pollution Reduction Act II

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. 1. Short title This Act may be cited as the Ocean Pollution Reduction Act II 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 16 U.S.C. 1456 33 U.S.C. 1342 33 U.S.C. 1311 (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 at related facilities 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) (6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State approval consistent with section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 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) 33 U.S.C. 1342(b)(8) (8) that the City 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) 33 U.S.C. 1311(h)(3) (9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the City 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 at related facilities for wastewater upstream from and at the Point Loma Plant. (c) Milestones The Administrator, in coordination with the State, 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 City 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 (2) Biochemical oxygen demand The term biochemical oxygen demand (3) City The term City (4) Point Loma Plant The term Point Loma Plant (5) State The term State November 16, 2020 Reported from the Committee on Transportation and Infrastructure November 16, 2020 Committee on Natural Resources

Summary: Ocean Pollution Reduction Act II This bill revises requirements under the National Pollutant Discharge Elimination System (NPDES) permit program for the Point Loma Wastewater Treatment Plant in San Diego, California. Currently, the plant must meet standards established under the NPDES permit program for the primary and secondary treatment of wastewater discharged by the plant into marine waters. The city of San Diego may apply for permit modifications, which offer alternatives to certain secondary treatment standards. This bill eliminates the need for the city to obtain a separate permit for such modifications. Instead, the city may apply to obtain the permit modifications under the main NPDES permit if the plant meets certain conditions, such as the implementation of a pretreatment program.