Union Calendar No. 134
105TH CONGRESS
1ST SESSION
H. R. 2207
[Report No. 105–237]
A BILL
To amend the Federal Water Pollution Control Act
concerning a proposal to construct a deep ocean
outfall off the coast of Mayaguez, Puerto Rico.
AUGUST 1, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 134
105TH CONGRESS
1ST SESSION
H. R. 2207
[Report No. 105–237]
To amend the Federal Water Pollution Control Act concerning a proposal
to construct a deep ocean outfall off the coast of Mayaguez, Puerto Rico.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 1997
Mr. ROMERO-BARCELO´ (for himself and Mr. YOUNG of Alaska) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
AUGUST 1, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 22, 1997]
A BILL
To amend the Federal Water Pollution Control Act concern-
ing a proposal to construct a deep ocean outfall off
the coast of Mayaguez, Puerto Rico.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coastal Pollution Reduc-
tion Act of 1997’’.
SEC. 2. MAYAGUEZ, PUERTO RICO.
(a) FINDINGS.—Congress makes the following findings:
(1) The existing discharge from the Mayaguez
publicly owned treatment works is to the stressed wa-
ters of Mayaguez Bay, an area containing severely
degraded coral reefs, and relocation of that discharge
to unstressed ocean waters could benefit the marine
environment.
(2) The Federal Water Pollution Control Act
should, consistent with the environmental goals of the
Act, be administered with sufficient flexibility to take
into consideration the unique characteristics of Maya-
guez, Puerto Rico.
(3) Some deep ocean areas off the coastline of
Mayaguez, Puerto Rico, might be able to receive a
less-than-secondary sewage discharge while still main-
taining healthy and diverse marine life.
(4) A properly designed and operated deep ocean
outfall off the coast of Mayaguez, Puerto Rico, coupled
with other pollution reduction activities in the Maya-
guez Watershed could facilitate compliance with the
requirements and purposes of the Federal Water Pol-
lution Control Act without the need for more costly
treatment.
(5) The owner or operator of the Mayaguez pub-
licly owned treatment works should be afforded an op-
portunity to make the necessary scientific studies and
submit an application proposing use of a deep ocean
outfall for review by the Administrator of the Envi-
ronmental Protection Agency under section 301(h) of
the Federal Water Pollution Control Act.
(b) APPLICATION FOR SECONDARY TREATMENT WAIV-
ER
FOR
MAYAGUEZ, PUERTO
RICO, DEEP
OCEAN
OUTFALL.—Section 301 of the Federal Water Pollution
Control Act (33 U.S.C. 1311) is amended by adding at the
end the following:
‘‘(q) APPLICATION FOR WAIVER.—
‘‘(1) STUDY.—In order to be eligible to apply for
a waiver under this section, the owner or operator of
the Mayaguez, Puerto Rico, publicly owned treatment
works shall transmit to the Administrator a report on
the results of a study of the marine environment of
coastal areas in the Mayaguez area to determine the
feasibility of constructing a deep ocean outfall for the
Mayaguez treatment works. In conducting the study,
the owner or operator shall consider variations in the
currents, tidal movement, and other hydrological and
geological characteristics at any proposed outfall loca-
tion. Such study may recommend one or more tech-
nically feasible and environmentally acceptable loca-
tions for a deep ocean outfall intended to meet the re-
quirements of subsection (h). Such study may be ini-
tiated, expanded, or continued not later than 3
months after the date of the enactment of this sub-
section.
‘‘(2) SECTION
301(h) APPLICATION
FOR
MAYA-
GUEZ, PUERTO
RICO.—Notwithstanding subsection
(j)(1)(A), not later than 18 months after the date of
the enactment of this subsection, an application may
be submitted for a modification pursuant to sub-
section (h) of the requirements of subsection (b)(1)(B)
by the owner or operator of the Mayaguez, Puerto
Rico, publicly owned treatment works at a location
recommended in a study conducted pursuant to para-
graph (1). Such application shall not be subject to the
application revision procedures of section 125.59(d) of
title 40, Code of Federal Regulations. No such appli-
cation may be filed unless and until the applicant
has entered into a binding consent decree with the
United States that includes, at a minimum, the fol-
lowing:
‘‘(A) A schedule and milestones to ensure
expeditious compliance with the requirements of
subsection (b)(1)(B) in the event the requested
modification is denied, including interim efflu-
ent limits and design activities to be undertaken
while the application is pending.
‘‘(B) A schedule and interim milestones to
ensure expeditious compliance with the require-
ments 
of 
any 
modification 
of 
subsection
(b)(1)(B) in the event the requested modification
is approved.
‘‘(C) A commitment by the applicant to
contribute not less than $400,000 to the Maya-
guez Watershed Initiative in accordance with
such schedules as may be specified in the consent
decree.
‘‘(3) INITIAL DETERMINATION.—On or before the
270th day after the date of submittal of an applica-
tion under paragraph (2) that has been deemed com-
plete by the Administrator, the Administrator shall
issue to the applicant a tentative determination re-
garding the requested modification.
‘‘(4) FINAL DETERMINATION.—On or before the
270th day after the date of issuance of the tentative
determination under paragraph (3), the Adminis-
trator shall issue a final determination regarding the
modification.
‘‘(5) ADDITIONAL
CONDITION.—The Adminis-
trator may not grant a modification pursuant to an
application submitted under this subsection unless the
Administrator determines that the new deep water
ocean outfall will use a well-designed and operated
diffuser that discharges into unstressed ocean waters
and is situated so as to avoid discharge (or transport
of discharged pollutants) to coral reefs, other sensitive
marine resources or recreational areas, and shore-
lines.
‘‘(6) EFFECTIVENESS.—If a modification is
granted pursuant to an application submitted under
this subsection, such modification shall be effective
only if the new deepwater ocean outfall is operational
on or before the date that is 41⁄2 years after the date
of the Administrator’s initial tentative determination
on the application.’’.
SEC. 3. NATIONAL ESTUARY PROGRAM.
(a) GRANTS FOR COMPREHENSIVE CONSERVATION AND
MANAGEMENT PLANS.—Section 320(g)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(g)(2)) is
amended by inserting ‘‘and implementation’’ after ‘‘devel-
opment’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
320(i) of such Act (33 U.S.C. 1330(i)) is amended by strik-
ing ‘‘1987’’ and all that follows through ‘‘1991’’ and insert-
ing the following: ‘‘1987 through 1991, such sums as may
be necessary for fiscal years 1992 through 1997, and
$20,000,000 for fiscal year 1998’’.