H.R. 4611House116th Congress (2019-2021)Passed House

Ocean Pollution Reduction Act II

Introduced October 4, 2019

AI-Generated Summary

Updated April 14, 2026 at 8:42 AM UTC

The Ocean Pollution Reduction Act II changes the federal permitting rules for the Point Loma Wastewater Treatment Plant in San Diego when it discharges treated water into the ocean. It sets stricter limits on how much solid material and other pollutants can be released, requires deeper and farther offshore outfalls, and adds monitoring and reuse goals. The rules apply to the plant’s operators and to the EPA administrator who issues the permits.

Key Provisions

  • The EPA may issue a Section 402 permit for the plant only if it keeps the deep‑ocean outfall at least 300 feet deep and 4 miles from shore.
  • Annual total suspended solids (TSS) limits are capped at 12,000 metric tons, dropping to 11,500 tons after Dec 31 2025 and 9,942 tons after Dec 31 2027.
  • TSS concentration cannot exceed 60 mg/L averaged over 30 days.
  • The plant must remove at least 80 % of TSS monthly and 58 % of biochemical oxygen demand annually, counting all upstream treatment.
  • All secondary‑treatment effluent limits must be met, except for BOD and TSS requirements already specified.
  • Applicants must provide ten years of ocean‑monitoring data and maintain an ongoing monitoring program meeting EPA standards.
  • If potable reuse is allowed, the plant must demonstrate production of at least 83 million gallons per day of water suitable for drinking by Dec 31 2035.
  • The EPA will set development milestones that must be included in each permit issued before Dec 31 2035.

Legislative Activity

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18 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

November 18, 2020

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HouseIntro Referral

Introduced in House

October 4, 2019

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

October 4, 2019

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

October 7, 2019

HouseCommittee

Referred to the Subcommittee on Water, Oceans, and Wildlife.

October 11, 2019

HouseCommittee

Subcommittee on Water Resources and Environment Discharged.

September 30, 2020

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 30, 2020

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

September 30, 2020

HouseCommittee

Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 116-576, Part I.

November 16, 2020

HouseCommittee

Committee on Natural Resources discharged.

November 16, 2020

HouseCalendars

Placed on the Union Calendar, Calendar No. 474.

November 16, 2020

HouseFloor

Ms. Norton moved to suspend the rules and pass the bill, as amended.

November 17, 2020 • 3:44 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5849-5851)

November 17, 2020 • 3:44 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4611.

November 17, 2020 • 3:44 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

November 17, 2020 • 3:53 PM

HouseFloor

Considered as unfinished business.

November 17, 2020 • 4:58 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 4 (Roll no. 221).(text: CR H5849-5850)

November 17, 2020 • 5:50 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 4 (Roll no. 221). (text: CR H5849-5850)

November 17, 2020 • 5:50 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 17, 2020 • 5:50 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

November 18, 2020

Bill Text

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Referred in SenateIssued November 18, 2020

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 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 et seq.), the Administrator may issue 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 that requires compliance with the requirements 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 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 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)), 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, including State concurrence 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)

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)

that the applicant 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)

to the extent potable reuse is permitted by Federal and State regulatory agencies, that the applicant 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)

Milestones

The Administrator 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 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); 33 U.S.C. 1342).

(e)

Definitions

In this section:

(1)

Administrator

The term Administrator means the Administrator of the Environmental 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.

(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.

Cheryl L. Johnson,

Clerk.