I
119THCONGRESS
1
STSESSION H. R. 1390
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY14, 2025
Mr. P
ETERS(for himself, Mr. LEVIN, Mr. VARGAS, Mr. ISSA, and Ms. JA-
COBS) introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ocean Pollution Re-4
duction Act II’’. 5
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•HR 1390 IH
SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIRE-1
MENTS. 2
(a) I
NGENERAL.—Notwithstanding any provision of 3
the Federal Water Pollution Control Act (33 U.S.C. 1251 4
et seq.), the Administrator may issue a permit under sec-5
tion 402 of the Federal Water Pollution Control Act (33 6
U.S.C. 1342) for a discharge from the Point Loma Plant 7
into marine waters that requires compliance with the re-8
quirements described in subsection (b). 9
(b) C
ONDITIONS.—A permit issued under this section 10
shall require— 11
(1) maintenance of the currently designed deep 12
ocean outfall from the Point Loma Plant with a dis-13
charge depth of not less than 300 feet and distance 14
from the shore of not less than 4 miles; 15
(2) as applicable to the term of the permit, dis-16
charge of not more than 12,000 metric tons of total 17
suspended solids per year commencing on the date 18
of enactment of this section, not more than 11,500 19
metric tons of total suspended solids per year com-20
mencing on December 31, 2029, and not more than 21
9,942 metric tons of total suspended solids per year 22
commencing on December 31, 2031; 23
(3) discharge of not more than 60 milligrams 24
per liter of total suspended solids, calculated as a 25
30-day average; 26
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•HR 1390 IH
(4) removal of not less than 80 percent of total 1
suspended solids on a monthly average and not less 2
than 58 percent of biochemical oxygen demand on 3
an annual average, taking into account removal oc-4
curring at all treatment processes for wastewater 5
upstream from and at the Point Loma Plant; 6
(5) attainment of all other effluent limitations 7
of secondary treatment as determined by the Admin-8
istrator pursuant to section 304(d)(1) of the Federal 9
Water Pollution Control Act (33 U.S.C. 1314(d)(1)), 10
other than any requirements otherwise applicable to 11
the discharge of biochemical oxygen demand and 12
total suspended solids; 13
(6) compliance with the requirements applicable 14
to Federal issuance of a permit under section 402 15
of the Federal Water Pollution Control Act, includ-16
ing State concurrence consistent with section 401 of 17
the Federal Water Pollution Control Act (33 U.S.C. 18
1341) and ocean discharge criteria evaluation pursu-19
ant to section 403 of the Federal Water Pollution 20
Control Act (33 U.S.C. 1343); 21
(7) implementation of the pretreatment pro-22
gram requirements of paragraphs (5) and (6) of sec-23
tion 301(h) of the Federal Water Pollution Control 24
Act (33 U.S.C. 1311(h)) in addition to the require-25
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•HR 1390 IH
ments of section 402(b)(8) of such Act (33 U.S.C. 1
1342(b)(8)); 2
(8) that the applicant provide 10 consecutive 3
years of ocean monitoring data and analysis for the 4
period immediately preceding the date of each appli-5
cation for a permit under this section sufficient to 6
demonstrate to the satisfaction of the Administrator 7
that the discharge of pollutants pursuant to a per-8
mit issued under this section will meet the require-9
ments of section 301(h)(2) of the Federal Water 10
Pollution Control Act (33 U.S.C. 1311(h)(2)) and 11
that the applicant has established and will maintain 12
throughout the permit term an ocean monitoring 13
program that meets or exceeds the requirements of 14
section 301(h)(3) of such Act (33 U.S.C. 15
1311(h)(3)); and 16
(9) to the extent potable reuse is permitted by 17
Federal and State regulatory agencies, that the ap-18
plicant demonstrate that at least 83,000,000 gallons 19
per day on an annual average of water suitable for 20
potable reuse will be produced by December 31, 21
2039, taking into account production of water suit-22
able for potable reuse occurring at all treatment 23
processes for wastewater upstream from and at the 24
Point Loma Plant. 25
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(c) MILESTONES.—The Administrator shall deter-1
mine development milestones necessary to ensure compli-2
ance with this section and include such milestones as con-3
ditions in each permit issued under this section before De-4
cember 31, 2039. 5
(d) S
ECONDARYTREATMENT.—Nothing in this sec-6
tion prevents the applicant from alternatively submitting 7
an application for the Point Loma Plant that complies 8
with secondary treatment pursuant to section 9
301(b)(1)(B) and section 402 of the Federal Water Pollu-10
tion Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 11
1342). 12
(e) D
EFINITIONS.—In this section: 13
(1) A
DMINISTRATOR.—The term ‘‘Adminis-14
trator’’ means the Administrator of the Environ-15
mental Protection Agency. 16
(2) B
IOCHEMICAL OXYGEN DEMAND .—The 17
term ‘‘biochemical oxygen demand’’ means biological 18
oxygen demand, as such term is used in the Federal 19
Water Pollution Control Act. 20
(3) P
OINT LOMA PLANT .—The term ‘‘Point 21
Loma Plant’’ means the Point Loma Wastewater 22
Treatment Plant owned by the City of San Diego on 23
the date of enactment of this Act. 24
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(4) STATE.—The term ‘‘State’’ means the State 1
of California. 2
Æ
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