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H.R. 4611 — what changed

Ocean Pollution Reduction Act II

From Introduced in House to Reported in House. 1 section amended and 1 removed between Introduced in House and Reported in House.

Sec. 2 San Diego Point Loma permitting requirements

(a)
added In general— Notwithstanding any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), the Administrator, in coordination with the State, may issue to the City 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, which, in lieu of the requirements of subsections (b)(1)(B) and (j)(5) of section 301 the Federal Water Pollution Control Act (33 U.S.C. 1311) otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids, requires compliance with the requirements described in subsection (b).

removed Congress finds the following:

(b)
changed Conditions— In 1972, Congress passed the Federal Water Pollution Control Act Amendments of 1972, which required publicly owned treatment works to achieve secondary treatment capability by 1977.A permit issued under this section shall require—
(1)
added 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)
added 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)
added discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average;
(4)
added 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)
added 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 with respect to concentration limits for biochemical oxygen demand and total suspended solids;
(6)
added 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) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act (33 U.S.C. 1343);
(7)
added 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)
added 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)) 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)
added 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)
changed Milestones— In 1994, the United States District Court for the Southern District of California determined that upgrading The Administrator, in coordination with the City of San Diego’s Point Loma Wastewater Treatment Plant (in this Act referred State, shall determine development milestones necessary to ensure compliance with this section and include such milestones as the “Point Loma Plant”) to secondary treatment standard would not be conditions in the public interest, being excessively costly without producing additional environmental benefits.each permit issued under this section before December 31, 2035.
(d)
changed Secondary treatment— The Nothing in this section prevents the City from alternatively submitting an application for the Point Loma Plant currently meets all the requirements of that complies with secondary treatment except for the removal of total suspended solids pursuant to section 301(b)(1)(B) and biochemical oxygen demand.section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 1342).
(e)
changed Definitions— At the direction of Congress, the Environmental Protection Agency (in In this Act referred to as the “EPA”) requested that the National Research Council advise the agency on ways to improve wastewater management in coastal urban areas. The resulting study “Managing Wastewater in Coastal Urban Areas” produced several important findings, including—section:
(A)
removed biochemical oxygen demand discharged through a well-designed outfall is generally not of ecological concern in open coastal waters;
(1)
changed Administrator— total suspended solids can be adequately controlled by advanced primary treatment and high dilution outfalls; andThe term Administrator means the Administrator of the Environmental Protection Agency.
(2)
changed Biochemical oxygen demand— over-control is particularly likely along ocean coasts, but nevertheless full secondary treatment The term biochemical oxygen demand means biological oxygen demand, as such term is required regardless of cost or lack of benefits.used in the Federal Water Pollution Control Act.
(3)
added City— The term City means the City of San Diego, California.
(4)
added Point Loma Plant— The term Point Loma Plant means the Point Loma Wastewater Treatment Plant owned by the City.
(5)
added State— The term State means the State of California.
(5)
removed Past reviews by the City of San Diego, the EPA, the State of California, and scientists affiliated with the Scripps Institution of Oceanography, the University of California, San Diego, and other organizations have concluded the Point Loma Plant does not have any known significant adverse effect on the ocean environment outside the immediate area of the discharge.
(6)
removed The ocean outfall for the Point Loma Plant discharges effluent 4.5 miles from the coast at a depth of over 300 feet, one of the longest and deepest ocean outfalls in the world.
(7)
removed Implementing full secondary treatment standards at the Point Loma Plant will cost approximately $1,800,000,000.
(8)
removed Implementing full secondary treatment standards at the Point Loma Plant is contrary to the national interest, in that it will compromise views from the Cabrillo National Monument and interfere with the Navy’s use of adjacent property.
(9)
removed The City of San Diego generates all the energy it needs to operate the Point Loma Plant onsite through co-generation. Implementing full secondary treatment will turn a “green” facility into one of the region’s largest energy consumers, requiring the purchase of over $17,000,000 each year in electricity and producing more than 100,000 tons of greenhouse gas emissions annually.
(10)
removed Implementing full secondary treatment standards at the Point Loma Plant will require removal of 1,250,000 tons of earth from environmentally sensitive habitat immediately adjacent to the Point Loma Ecological Reserve.
(11)
removed Recognizing the unique situation surrounding the Point Loma Plant, Congress adopted the Ocean Pollution Reduction Act (OPRA). OPRA allowed the Point Loma Plant to avoid conversion to full secondary treatment and instead operate under a modified permit according to standards contained in sections 301(h) and 301(j)(5) of the Federal Water Pollution Control Act, as modified by OPRA.
(12)
removed The City of San Diego has complied with all requirements of OPRA and the results have been significant, including reduction in the discharge of total suspended solids and biochemical oxygen demand, advanced ocean monitoring, and construction of 45,000,000 gallons per day of treatment capacity to produce reclaimed water at a cost of approximately $340,000,000.
(13)
removed This Act will capitalize on the record of improvements initiated under OPRA and provide a framework for further enhancements to the City of San Diego’s water and wastewater systems, increased potable water reliability, and additional meaningful environmental protection.
(14)
removed The City of San Diego has completed its Water Purification Demonstration Project showing that municipal wastewater can successfully be treated to levels suitable for potable reuse. The City of San Diego completed its Recycled Water Study in 2012 describing how wastewater can be diverted from the Point Loma Plant to new treatment facilities to generate water suitable for potable reuse. Through the construction and operation of new treatment facilities to produce 83,000,000 gallons per day of water suitable for potable reuse, the City of San Diego is expected to reduce the total suspended solids discharged by the Point Loma Plant to the same or lower levels as would be achieved by implementing full secondary treatment, while creating an important new local source of water.
(15)
removed The City of San Diego currently relies on imported water for over 85 percent of its water supply. A new local source of water can significantly reduce the environmental impacts of importing water to San Diego from the Colorado River and the California Bay-Delta by offsetting the City’s demand for imported water.
(16)
removed Due to the severe drought in California, the 2014 water allocation from the State Water Project was only 5 percent of normal, forcing water agencies to draw down water reserves, implement mandatory conservation measures, and search for new, dependable sources of water.

Sec. 3 San Diego Point Loma permitting requirements

removed
(a)
removed In general— Notwithstanding any other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), which, in lieu of the requirements of section 301(j)(5) of such Act (33 U.S.C. 1311(j)(5)), and in lieu of section 301(b)(1)(B) of such Act (33 U.S.C. 1311(b)(1)(B)) otherwise applicable to the discharge of biochemical oxygen demand (in this section referred to as “BOD”) and total suspended solids (in this section referred to as “TSS”) from the Point Loma Plant into marine waters, applies or otherwise ensures implementation of the provisions of subsection (b).
(b)
removed Conditions— The permit shall apply or otherwise ensure that the applicant shall—
(1)
removed maintain the currently designed deep ocean outfall from the Point Loma Wastewater Treatment Plant with a discharge depth of no less than 300 feet and distance from the shore of no less than 4 miles;
(2)
removed discharge no more than 12,000 metric tons of TSS per year commencing on the date of enactment of this section, no more than 11,500 metric tons of TSS per year commencing on December 31, 2025, and no more than 9,942 metric tons of TSS per year commencing on December 31, 2027;
(3)
removed discharge not more than 60 milligrams per liter of TSS, calculated as a 30-day average;
(4)
removed remove no less than 80 percent of TSS on a monthly average and no less than 58 percent of BOD on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Wastewater Treatment Plant;
(5)
removed attain 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 with respect to concentration limits for BOD and TSS;
(6)
removed comply 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 this Act and ocean discharge criteria evaluation pursuant to sections 401 and 403 of the Federal Water Pollution Control Act, respectively (33 U.S.C. 1341 and 33 U.S.C. 1343);
(7)
removed implement the pretreatment program requirements of sections 301(h)(5) and 301(h)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1311(h)(5) and 33 U.S.C. 1311(h)(6)) in addition to the requirements of section 402(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(8));
(8)
removed provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to this section meets 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 the Federal Water Pollution Control Act (33 U.S.C. 1311(h)(3)); and
(9)
removed to the extent potable reuse is permitted by Federal and State regulatory agencies, 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)
removed Milestones— The Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued before December 31, 2035.
(d)
removed 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) and 33 U.S.C. 1342).
(e)
removed Definitions— Any term used in this section which is also used under the Federal Water Pollution Control Act shall have the same meaning as when used in such Act.