IIB 
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 dis-
charge 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ocean Pollution Re-
duction Act II’’. 
SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE-
MENTS. 
(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 sec-
tion 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 re-
quirements 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 dis-
charge 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, dis-
charge 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 com-
mencing on December 31, 2025, and not more than 
9,942 metric tons of total suspended solids per year 
commencing on December 31, 2027; 
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(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 oc-
curring 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 Admin-
istrator 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, includ-
ing State concurrence consistent with section 401 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1341) and ocean discharge criteria evaluation pursu-
ant to section 403 of the Federal Water Pollution 
Control Act (33 U.S.C. 1343); 
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(7) implementation of the pretreatment pro-
gram requirements of paragraphs (5) and (6) of sec-
tion 301(h) of the Federal Water Pollution Control 
Act (33 U.S.C. 1311(h)) in addition to the require-
ments 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 appli-
cation for a permit under this section sufficient to 
demonstrate to the satisfaction of the Administrator 
that the discharge of pollutants pursuant to a per-
mit issued under this section will meet the require-
ments 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 ap-
plicant 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, 
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2035, taking into account production of water suit-
able for potable reuse occurring at all treatment 
processes for wastewater upstream from and at the 
Point Loma Plant. 
(c) MILESTONES.—The Administrator shall deter-
mine development milestones necessary to ensure compli-
ance with this section and include such milestones as con-
ditions in each permit issued under this section before De-
cember 31, 2035. 
(d) SECONDARY TREATMENT.—Nothing in this sec-
tion 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 Pollu-
tion Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 
1342). 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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. 
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(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. 
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