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House Report 117-41 — Ocean Pollution Reduction Act II (May 28, 2021)

Summary

House Report 117–41, dated May 28, 2021, is the report of the Committee on Transportation and Infrastructure on H.R. 587, the Ocean Pollution Reduction Act II, which the committee reports favorably without amendment. The purpose section states that the bill, introduced by Representative Scott Peters, would provide an alternative process for the City of San Diego to comply with the Clean Water Act's permitting requirements for the continued operation of the Point Loma Wastewater Treatment Plant. The report states that the bill was introduced on January 28, 2021, and that the full committee ordered it reported on March 24, 2021, by a record vote of 54 yeas and 2 nays.

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Cite this document

“House Report 117-41 — Ocean Pollution Reduction Act II (May 28, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt41-crpt-117hrpt41/, SHA-256 f38e014cc336809c74d6726d794d6819a76e5f6cac06316367e2e7f11e0fa82c.

Full text

                                                                                117TH CONGRESS                                                                                              REPORT
                                                                                               " HOUSE OF REPRESENTATIVES                                                           !
                                                                                   1st Session                                                                                              117–41




                                                                                                     OCEAN POLLUTION REDUCTION ACT II



                                                                                     MAY 28, 2021.—Committed to the Committee of the Whole House on the State of
                                                                                                       the Union and ordered to be printed




                                                                                          Mr. DEFAZIO, from the Committee on Transportation and
                                                                                                 Infrastructure, submitted the following


                                                                                                                                 R E P O R T
                                                                                                                              [To accompany H.R. 587]

                                                                                                   [Including cost estimate of the Congressional Budget Office]

                                                                                  The Committee on Transportation and Infrastructure, to whom
                                                                                was referred the bill (H.R. 587) 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, having considered the same, reports favorably
                                                                                thereon without amendment and recommends that the bill do pass.
                                                                                                                                        CONTENTS
                                                                                                                                                                                                               Page
                                                                                Purpose of Legislation .............................................................................................             1
                                                                                Background and Need for Legislation ....................................................................                         2
                                                                                Hearings ...................................................................................................................     5
                                                                                Legislative History and Consideration ..................................................................                         5
                                                                                Committee Votes ......................................................................................................           5
                                                                                Committee Oversight Findings ...............................................................................                     6
                                                                                New Budget Authority and Tax Expenditures ......................................................                                 6
                                                                                Congressional Budget Office Cost Estimate ..........................................................                             6
                                                                                Performance Goals and Objectives .........................................................................                       7
                                                                                Duplication of Federal Programs ............................................................................                     8
                                                                                Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ...                                                    8
                                                                                Federal Mandates Statement .................................................................................                     8
                                                                                Preemption Clarification .........................................................................................               8
                                                                                Advisory Committee Statement ..............................................................................                      8
                                                                                Applicability to Legislative Branch ........................................................................                     8
                                                                                Section-by-Section Analysis of the Legislation ......................................................                            8
                                                                                Changes in Existing Law Made by the Bill, as Reported .....................................                                      9

                                                                                                                          PURPOSE OF LEGISLATION

                                                                                  The purpose of H.R. 587, the ‘‘Ocean Pollution Reduction Act II,’’




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                                                                                introduced by Representative Scott Peters (D–CA), is to provide an
                                                                                       19–006




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                                                                                alternative process for the City of San Diego to comply with the
                                                                                Clean Water Act’s permitting requirements for the continued oper-
                                                                                ation of the Point Loma Wastewater Treatment Plant, while ensur-
                                                                                ing continued reductions of pollutant discharges and greater use of
                                                                                reclaimed wastewater associated with the plant.
                                                                                                      BACKGROUND AND NEED FOR LEGISLATION

                                                                                   H.R. 587 seeks to clarify that the City of San Diego, California,
                                                                                can utilize the standard Clean Water Act National Pollutant Dis-
                                                                                charge Elimination System (NPDES) permit renewal process and
                                                                                does not need a variance application to continue operating the E.W.
                                                                                Blom Point Loma Metropolitan Wastewater Treatment Plant
                                                                                (‘‘Point Loma Plant’’) and the Point Loma Ocean Outfall, subject to
                                                                                the implementation of the permitting requirements specified in the
                                                                                bill.
                                                                                The Clean Water Act
                                                                                  The Federal Water Pollution Control Act, more commonly known
                                                                                as the Clean Water Act, prohibits the discharge of pollutants into
                                                                                navigable waters unless such discharges are covered by a federal
                                                                                permit as well as establishes national minimum standards for cer-
                                                                                tain discharges, including discharges from publicly owned treat-
                                                                                ment works.1 Section 301(b)(1)(B) 2 of the Clean Water Act requires
                                                                                that all publicly owned treatment works in existence as of July 1,
                                                                                1977, achieve effluent limitations based on secondary treatment
                                                                                standards, established by the Administrator of the U.S. Environ-
                                                                                mental Protection Agency (EPA), and defined pursuant to section
                                                                                304(d)(1) of the Act.3 These limitations and standards are imple-
                                                                                mented through an NPDES permit, issued either by the EPA Ad-
                                                                                ministrator or an approved state program, pursuant to section 402
                                                                                of the Clean Water Act.4 The state of California is currently ap-
                                                                                proved to implement the Clean Water Act NPDES program in the
                                                                                state.5
                                                                                  Section 301(h) of the Clean Water Act also includes a process for
                                                                                certain publicly owned treatment works that discharge into marine
                                                                                waters to continue to operate under a Clean Water Act NPDES per-
                                                                                mit with a limited variance from the secondary treatment stand-
                                                                                ards. Section 301(h) authorizes the EPA Administrator, with state
                                                                                concurrence, to issue such an NPDES variance for discharges that
                                                                                meet the requirements of that subsection.6 EPA regulations imple-
                                                                                     1 See 33 U.S.C. 1311(a).
                                                                                     2 See 33 U.S.C. 1311(b)(1)(B).
                                                                                   3 See https://www.epa.gov/npdes/secondary-treatment-standards. Secondary treatment is de-
                                                                                fined in the regulation (40 CFR Part 133) in terms of effluent quality for total suspended solids
                                                                                (TSS), biochemical oxygen demand (BOD), and pH; see also 33 U.S.C. 1314(d)(1).
                                                                                   4 See 33 U.S.C. 1342.
                                                                                   5 See https://www.epa.gov/npdes/npdes-state-program-authority.
                                                                                   6 33 U.S.C. 1311(h); the statutory requirements for a 301(h) variance are that:
                                                                                        (1) there is an applicable water quality standard specific to the pollutant for which
                                                                                      the modification is requested;
                                                                                        (2) the discharge of pollutants in accordance with such modified requirements will not
                                                                                      interfere, alone or in combination with pollutants from other sources, with the attain-
                                                                                      ment or maintenance of that water quality which assures protection of public water
                                                                                      supplies and the protection and propagation of a balanced, indigenous population of
                                                                                      shellfish, fish, and wildlife, and allows recreational activities, in and on the water;




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                                                                                        (3) the applicant has established a system for monitoring the impact of such dis-
                                                                                      charge on a representative sample of aquatic biota, to the extent practicable, and the
                                                                                      scope of such monitoring is limited to include only those scientific investigations which
                                                                                      are necessary to study the effects of the proposed discharge;




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                                                                                menting section 301(h) require that NPDES variances under sec-
                                                                                tion 301(h) must also comply with applicable provisions of state,
                                                                                local, or other federal laws or Executive Orders, including the
                                                                                Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); the
                                                                                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and Title
                                                                                III of the Marine Protection, Research and Sanctuaries Act (16
                                                                                U.S.C. 1431 et seq.).7 NPDES permits, including those issued with
                                                                                a 301(h) variance, have a duration of five years and must be re-
                                                                                newed.8
                                                                                The Point Loma Wastewater Treatment Plant
                                                                                  The Point Loma Plant, located in San Diego, California, began
                                                                                operations in 1963.9 The Plant treats approximately 175 million
                                                                                gallons of wastewater per day, generated in a 450-square-mile area
                                                                                by more than 2.2 million residents.10 The Point Loma Plant oper-
                                                                                ates as a chemically-assisted primary treatment plant, and is the
                                                                                terminal treatment facility discharging to the Point Loma Ocean
                                                                                Outfall—a 4.5 mile pipe that extends outward from the Point Loma
                                                                                Plant and discharges treated wastewater into the Pacific Ocean at
                                                                                a depth of more than 300 feet.11
                                                                                  In 1979, the City of San Diego applied for a 301(h) variance,
                                                                                which was approved by EPA and the state.12 Since that time, the
                                                                                Point Loma Plant has generally operated, and is currently oper-
                                                                                ating, under a section 301(h) permit variance 13 to discharge their
                                                                                wastewater with less than full secondary treatment through the
                                                                                Ocean Outfall to the nearby coastal waters. The current 301(h)

                                                                                         (4) such modified requirements will not result in any additional requirements on any
                                                                                      other point or nonpoint source;
                                                                                         (5) all applicable pretreatment requirements for sources introducing waste into such
                                                                                      treatment works will be enforced;
                                                                                         (6) in the case of any treatment works serving a population of 50,000 or more, with
                                                                                      respect to any toxic pollutant introduced into such works by an industrial discharger
                                                                                      for which pollutant there is no applicable pretreatment requirement in effect, sources
                                                                                      introducing waste into such works are in compliance with all applicable pretreatment
                                                                                      requirements, the applicant will enforce such requirements, and the applicant has in
                                                                                      effect a pretreatment program which, in combination with the treatment of discharges
                                                                                      from such works, removes the same amount of such pollutant as would be removed if
                                                                                      such works were to apply secondary treatment to discharges and if such works had no
                                                                                      pretreatment program with respect to such pollutant;
                                                                                         (7) to the extent practicable, the applicant has established a schedule of activities de-
                                                                                      signed to eliminate the entrance of toxic pollutants from nonindustrial sources into such
                                                                                      treatment works;
                                                                                         (8) here will be no new or substantially increased discharges from the point source
                                                                                      of the pollutant to which the modification applies above that volume of discharge speci-
                                                                                      fied in the permit; and
                                                                                         (9) the applicant at the time such modification becomes effective will be discharging
                                                                                      effluent which has received at least primary or equivalent treatment and which meets
                                                                                      the criteria established under section 304(a)(1) of the Act after initial mixing in the
                                                                                      waters surrounding or adjacent to the point at which such effluent is discharged.
                                                                                   7 See 40 CFR 125, Subpart G.
                                                                                   8 See 33 U.S.C. 1342(b)(1)(B).
                                                                                   9 https://www.sandiego.gov/public-utilities/customer-service/water-wastewater-facilities/point-
                                                                                loma.
                                                                                   10 See id.
                                                                                   11 See infra at 15. The ocean outfall consists of an original 11,226-foot-long outfall section that
                                                                                was constructed in 1963 and a 12,246-foot-long extension that was added in 1993. The total
                                                                                length of the outfall system is 23,472 feet, or approximately 4.5 miles.
                                                                                   12 See United States of America v. City of San Diego, U.S. District Court for the Southern
                                                                                District of California, March 31, 1994; 1994 U.S. Dist. LEXIS 19501 *; 38 ERC (BNA) 1718.
                                                                                   13 See Waste Discharge Requirements and National Pollutant Discharge Elimination System




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                                                                                Permit for the City of San Diego E.W. Blom Point Loma Wastewater Treatment Plant Discharge
                                                                                for the Pacific Ocean Through the Point Loma Ocean Outfall (NPDES No. CA0107409), found
                                                                                at       https://www.epa.gov/sites/production/files/2017-08/documents/ca0107409-point_loma_301h_
                                                                                decision_and_tdd_2017-08-04.pdf.




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                                                                                variance was issued on October 1, 2017 and expires September 30,
                                                                                2022.14
                                                                                   According to the city of San Diego, because it is impracticable for
                                                                                the Point Loma Plant to meet the secondary treatment require-
                                                                                ments of the Clean Water Act, the Point Loma Plant must obtain
                                                                                a section 301(h) variance for its continued operation.15 The current
                                                                                301(h) variance provides the Point Loma Plant with a modification
                                                                                related to its discharge levels for Total Suspended Solids (TSS) and
                                                                                Biochemical Oxygen Demand (BOD).16
                                                                                   In addition, the city of San Diego is engaged in a long-term effort
                                                                                to reduce discharges from the Point Loma Plant to coastal waters
                                                                                while reclaiming treated wastewater for eventual potable and non-
                                                                                potable reuse in the area.17 For example, in connection with enact-
                                                                                ment of the Ocean Pollution Reduction Act (Pub. L. 103–431), the
                                                                                city has constructed treatment facilities with the capacity for
                                                                                45,000,000 gallons of reclaimed wastewater per day, which has also
                                                                                resulted in a reduction in the discharge of TSS and BOD by the
                                                                                facility.
                                                                                   In May 2020, the San Diego Regional Water Quality Control
                                                                                Board issued a new NPDES permit for the North City Water Rec-
                                                                                lamation and Pure Water Facility (part of San Diego’s Pure Water
                                                                                program) to combine tertiary treated recycled water and additional
                                                                                highly     advanced      treatment   (reverse   osmosis,    oxidation,
                                                                                ultrafiltration, etc.), and then discharge to the Miramar reservoir
                                                                                for eventual drinking water use.18 Once fully operating, this will
                                                                                re-direct a portion of the Point Loma discharge to the North City/
                                                                                Pure Water facility. However, while the ocean discharges from the
                                                                                Point Loma Plant will be reduced, such discharges will not be
                                                                                eliminated in the foreseeable future.
                                                                                H.R. 587, the Ocean Pollution Reduction Act II
                                                                                  The purpose of H.R. 587 is to address the long-term Clean Water
                                                                                Act permitting requirements for the city of San Diego and other cit-
                                                                                ies that feed into Point Loma Plant for wastewater treatment.
                                                                                  H.R. 587 provides for an alternative process for the Point Loma
                                                                                Plant to achieve compliance with the Clean Water Act’s NPDES
                                                                                permitting requirements, other than the existing 301(h) variance
                                                                                conditions, while ensuring continued reductions of pollutant dis-
                                                                                charges and greater use of reclaimed wastewater associated with
                                                                                the plant. The legislation also eliminates the need to reapply for
                                                                                the variance specifically for the Point Loma Plant, and provides di-
                                                                                     14 See id.
                                                                                  15 The City has expressed concern that local geographic limitations, including the adjacency
                                                                                of the Point Loma Wastewater Treatment Plant to the Cabrillo National Monument, the Point
                                                                                Loma Ecological Reserve, and the U.S. Naval Base at Point Loma, California, prevent the con-
                                                                                struction of treatment facilities that would be required to achieve full compliance with the sec-
                                                                                ondary treatment requirements of the Clean Water Act. The City has also expressed the view
                                                                                that establishing a standard that allows for greater use of reclaimed wastewater to address the
                                                                                long-term water supply needs of the region makes more practical sense than requiring the treat-
                                                                                ment of wastewater that would ultimately be discharged into the Pacific Ocean.
                                                                                  16 See supra note 15. According to information provided by EPA, the Point Loma Plant cur-
                                                                                rently removes approximately 80% of TSS, and BOD removal is approximately 55–60%. Existing
                                                                                secondary treatment standards require publicly owned treatment works to meet TSS and BOD
                                                                                removal at 85% minimum.
                                                                                  17 See ‘‘Application for Renewal of NPDES CA0107409 and 301(h) Modified Secondary Treat-




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                                                                                ment Requirements,’’ City of San Diego Public Utilities, Water and Wastewater. January 2015.
                                                                                Accessed at https://www.sandiego.gov/sites/default/files/ploovol2_15.pdf.
                                                                                  18 See     https://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/orders2020
                                                                                .html.




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                                                                                rection to EPA for including minimum treatment levels for the
                                                                                NPDES permit to be issued to Point Loma Plant.
                                                                                                                                                              HEARINGS

                                                                                  For the purposes of rule XIII, clause 3(c)6(A) of the 117th Con-
                                                                                gress, no hearings were held to develop or consider H.R. 587 in the
                                                                                117th Congress, however the Committee held the following hearing
                                                                                in the 116th Congress:
                                                                                  On February 27, 2020, the Subcommittee on Water Resources
                                                                                and Environment held a hearing titled ‘‘Proposals for a Water Re-
                                                                                sources Development Act of 2020: Members’ Day Hearing.’’ Rep-
                                                                                resentative Scott Peters testified before the Subcommittee on the
                                                                                issues addressed within the legislation.
                                                                                                                    LEGISLATIVE HISTORY AND CONSIDERATION

                                                                                  H.R. 587 was introduced in the House on January 28, 2021, by
                                                                                Mr. Peters, Mr. Issa, Ms. Jacobs of California, Mr. Levin of Cali-
                                                                                fornia, and Mr. Vargas and referred to the Committee on Transpor-
                                                                                tation and Infrastructure. Within the Committee, H.R. 587 was re-
                                                                                ferred to the Subcommittee on Water Resources and Environment.
                                                                                  The Subcommittee on Water Resources and Environment was
                                                                                discharged from further consideration of H.R. 587 on March 24,
                                                                                2021.
                                                                                  The Full Committee considered H.R. 587 on March 24, 2021, and
                                                                                ordered the measure to be reported to the House with a favorable
                                                                                recommendation, by a record vote of 54 yeas and 2 nays (Roll Call
                                                                                Vote No. 17).
                                                                                                                                                    COMMITTEE VOTES

                                                                                   Clause 3(b) of rule XIII of the Rules of the House of Representa-
                                                                                tives requires each committee report to include the total number of
                                                                                votes cast for and against on each record vote on a motion to report
                                                                                and on any amendment offered to the measure or matter, and the
                                                                                names of those members voting for and against.
                                                                                   H.R. 587, was ordered to be favorably reported to the House of
                                                                                Representatives, by a record vote of 54 yeas and 2 nays (Roll Call
                                                                                Vote No. 17). The vote was as follows:
                                                                                Vote: 17                            Measure: H.R. 587
                                                                                   On: agreeing to H.R. 587 and ordering to be reported to the
                                                                                House, favorably
                                                                                                             Member                                           Vote                                             Member                                          Vote

                                                                                Mr. DeFazio .......................................................           Yea                 Mr. Graves of MO ............................................                Yea
                                                                                Ms. Norton ........................................................           Yea                 Mr. Young ........................................................     ...................
                                                                                Ms. Johnson of TX ............................................                Yea                 Mr. Crawford ....................................................      ...................
                                                                                Mr. Larsen of WA .............................................                Yea                 Mr. Gibbs .........................................................          Nay
                                                                                Mrs. Napolitano ................................................              Yea                 Mr. Webster ......................................................           Yea
                                                                                Mr. Cohen .........................................................           Yea                 Mr. Massie .......................................................           Yea
                                                                                Mr. Sires ...........................................................         Yea                 Mr. Perry ..........................................................         Nay
                                                                                Mr. Garamendi .................................................               Yea                 Mr. Rodney Davis of IL ....................................                  Yea
                                                                                Mr. Johnson of GA ............................................                Yea                 Mr. Katko .........................................................          Yea
                                                                                Mr. Carson ........................................................           Yea                 Mr. Babin .........................................................          Yea
                                                                                Ms. Titus ..........................................................          Yea                 Mr. Graves of LA ..............................................              Yea




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                                                                                Mr. Maloney of NY ............................................                Yea                 Mr. Rouzer ........................................................          Yea
                                                                                Mr. Huffman .....................................................             Yea                 Mr. Bost ...........................................................         Yea
                                                                                Ms. Brownley ....................................................             Yea                 Mr. Weber of TX ...............................................              Yea
                                                                                Ms. Wilson of FL ..............................................         ...................       Mr. LaMalfa .....................................................            Yea




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                                                                                                             Member                                           Vote                                             Member                                          Vote

                                                                                Mr. Payne .........................................................           Yea                 Mr. Westerman .................................................              Yea
                                                                                Mr. Lowenthal ...................................................             Yea                 Mr. Mast ..........................................................          Yea
                                                                                Mr. DeSaulnier ..................................................             Yea                 Mr. Gallagher ...................................................      ...................
                                                                                Mr. Lynch ..........................................................          Yea                 Mr. Fitzpatrick ..................................................           Yea
                                                                                Mr. Carbajal .....................................................      ...................       Miss González-Colón ........................................               Yea
                                                                                Mr. Brown .........................................................           Yea                 Mr. Balderson ..................................................             Yea
                                                                                Mr. Malinowski .................................................        ...................       Mr. Stauber ......................................................     ...................
                                                                                Mr. Stanton ......................................................            Yea                 Mr. Burchett .....................................................           Yea
                                                                                Mr. Allred ..........................................................         Yea                 Mr. Johnson of SD ...........................................                Yea
                                                                                Ms. Davids of KS .............................................                Yea                 Mr. Van Drew ...................................................             Yea
                                                                                Mr. Garcı́a of IL ................................................            Yea                 Mr. Guest .........................................................    ...................
                                                                                Mr. Delgado ......................................................            Yea                 Mr. Nehls .........................................................          Yea
                                                                                Mr. Pappas .......................................................            Yea                 Ms. Mace .........................................................     ...................
                                                                                Mr. Lamb ..........................................................           Yea                 Ms. Malliotakis ................................................             Yea
                                                                                Mr. Moulton ......................................................      ...................       Ms. Van Duyne .................................................        ...................
                                                                                Mr. Auchincloss ................................................              Yea                 Mr. Gimenz .......................................................     ...................
                                                                                Ms. Bourdeaux ..................................................              Yea                 Mrs. Steel .........................................................         Yea
                                                                                Mr. Kahele ........................................................           Yea
                                                                                Ms. Strickland ..................................................             Yea
                                                                                Ms. Williams of GA ..........................................                 Yea
                                                                                Ms. Newman .....................................................              Yea
                                                                                Vacancy ............................................................    ...................

                                                                                                                                COMMITTEE OVERSIGHT FINDINGS

                                                                                  With respect to the requirements of clause 3(c)(1) of rule XIII of
                                                                                the Rules of the House of Representatives, the Committee’s over-
                                                                                sight findings and recommendations are reflected in this report.
                                                                                                           NEW BUDGET AUTHORITY AND TAX EXPENDITURES

                                                                                   Clause 3(c)(2) of rule XIII of the Rules of the House of Represent-
                                                                                atives does not apply where a cost estimate and comparison pre-
                                                                                pared by the Director of the Congressional Budget Office under sec-
                                                                                tion 402 of the Congressional Budget Act of 1974 has been timely
                                                                                submitted prior to the filing of the report and is included in the re-
                                                                                port. Such a cost estimate is included in this report.
                                                                                                            CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                                                  With respect to the requirement of clause 3(c)(3) of rule XIII of
                                                                                the Rules of the House of Representatives and section 402 of the
                                                                                Congressional Budget Act of 1974, the Committee has received the
                                                                                enclosed cost estimate for H.R. 587 from the Director of the Con-
                                                                                gressional Budget Office:
                                                                                                                                                                       U.S. CONGRESS,
                                                                                                                                                            CONGRESSIONAL BUDGET OFFICE,
                                                                                                                                                                Washington, DC, May 13, 2021.
                                                                                Hon. PETER A. DEFAZIO,
                                                                                Chairman, Committee on Transportation and Infrastructure,
                                                                                House of Representatives, Washington, DC.
                                                                                  DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
                                                                                pared the enclosed cost estimate for H.R. 587, the Ocean Pollution
                                                                                Reduction Act II.
                                                                                  If you wish further details on this estimate, we will be pleased
                                                                                to provide them. The CBO staff contact is Stephen Rabent.




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                                                                                       Sincerely,
                                                                                                                         PHILLIP L. SWAGEL,
                                                                                                                                        Director.




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                                                                                     Enclosure.

                                                                                I H.R. 587, Ocean Pollution Reduction Act II
                                                                                ' As ordered reported by the Hoose Committee on Transportation and Infrastructure on March 24, 2021

                                                                                 By Fiscal Year, MH!ions of Dollars          2021              2021-2026              2021-2031
                                                                                 Direct Spending (Outlays)                      0                     0                      0
                                                                                 Revem,es                                       0                     0                      0
                                                                                 Increase or Decrease H
                                                                                 in the Delle.it                                0                     0                      0




                                                                                   The National Pollutant Discharge Elimination System (NPDES)
                                                                                program controls water pollution by regulating point sources of dis-
                                                                                charge into the waters of the United States. Under that program,
                                                                                publicly owned wastewater treatment works must meet secondary
                                                                                treatment standards specified by law. The Environmental Protec-
                                                                                tion Agency (EPA) generally delegates the authority to administer
                                                                                the NPDES program to individual states.
                                                                                   Under current law, the Point Loma Plant in San Diego, Cali-
                                                                                fornia, can apply to be exempted from secondary treatment stand-
                                                                                ards if it meets certain conditions. H.R. 587 would eliminate the
                                                                                need for an application and would allow that exemption under the
                                                                                plant’s normal NPDES permit if it meets additional conditions that
                                                                                include implementing pretreatment and water reuse programs and
                                                                                providing ocean monitoring data and analysis to EPA.
                                                                                   Using information from EPA, CBO estimates that implementing
                                                                                the bill would have an insignificant effect on EPA’s costs to admin-
                                                                                ister the NPDES program over the 2021–2026 period. CBO expects
                                                                                that the agency’s costs to administer the Point Loma Plant sec-
                                                                                ondary treatment standard waiver would shift to administering
                                                                                and evaluating its performance under the NPDES permit.
                                                                                   The CBO staff contact for this estimate is Stephen Rabent. The
                                                                                estimate was reviewed by H. Samuel Papenfuss, Deputy Director
                                                                                of Budget Analysis.
                                                                                                          PERFORMANCE GOALS AND OBJECTIVES

                                                                                  With respect to the requirement of clause 3(c)(4) of rule XIII of
                                                                                the Rules of the House of Representatives, the performance goal
                                                                                and objective of this legislation is to provide an alternative process
                                                                                for the city of San Diego to achieve compliance with the Clean
                                                                                Water Act’s permitting requirements for the continued operation of
                                                                                the Point Loma Wastewater Treatment Plan, while ensuring con-




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                                                                                tinued reductions of pollutant discharges and greater use of re-
                                                                                claimed wastewater associated with the plant.




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                                                                                                        DUPLICATION OF FEDERAL PROGRAMS

                                                                                  Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
                                                                                of Representatives, the Committee finds that no provision of H.R.
                                                                                587 establishes or reauthorizes a program of the federal govern-
                                                                                ment known to be duplicative of another federal program, a pro-
                                                                                gram that was included in any report from the Government Ac-
                                                                                countability Office to Congress pursuant to section 21 of Public
                                                                                Law 111–139, or a program related to a program identified in the
                                                                                most recent Catalog of Federal Domestic Assistance.
                                                                                     CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
                                                                                                         TARIFF BENEFITS

                                                                                  In compliance with clause 9 of rule XXI of the Rules of the House
                                                                                of Representatives, this bill, as reported, contains no congressional
                                                                                earmarks, limited tax benefits, or limited tariff benefits as defined
                                                                                in clause 9(e), 9(f), or 9(g) of the rule XXI.
                                                                                                             FEDERAL MANDATES STATEMENT

                                                                                  The Committee adopts as its own the estimate of federal man-
                                                                                dates prepared by the Director of the Congressional Budget Office
                                                                                pursuant to section 423 of the Unfunded Mandates Reform Act
                                                                                (Public Law 104–4).
                                                                                                                PREEMPTION CLARIFICATION

                                                                                  Section 423 of the Congressional Budget Act of 1974 requires the
                                                                                report of any Committee on a bill or joint resolution to include a
                                                                                statement on the extent to which the bill or joint resolution is in-
                                                                                tended to preempt state, local, or tribal law. The Committee finds
                                                                                that H.R. 587 does not preempt any state, local, or tribal law.
                                                                                                             ADVISORY COMMITTEE STATEMENT

                                                                                  No advisory committees within the meaning of section 5(b) of the
                                                                                Federal Advisory Committee Act were created by this legislation.
                                                                                                      APPLICABILITY TO LEGISLATIVE BRANCH

                                                                                  The Committee finds that the legislation does not relate to the
                                                                                terms and conditions of employment or access to public services or
                                                                                accommodations within the meaning of section 102(b)(3) of the Con-
                                                                                gressional Accountability Act (Public Law 104–1).
                                                                                             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

                                                                                Section 1. Short title
                                                                                  This section provides that this bill may be cited as the ‘‘Ocean
                                                                                Pollution Reduction Act II’’.
                                                                                Sec. 2. San Diego Point Loma permitting requirements
                                                                                  Subsection (a) authorizes the EPA Administrator, in coordination
                                                                                with the State, to issue an NPDES permit (under section 402 of the
                                                                                Clean Water Act) for a discharge from the Point Loma Plant that
                                                                                complies with the requirements of subsection (b).




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                                                                                  Subsection (b) directs that a permit issued pursuant to this legis-
                                                                                lation for the Point Loma Plant require the permittee to—
                                                                                  (1) Maintain the current Point Loma Ocean Outfall;




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                                                                                                                                    9

                                                                                   (2) Attain explicit annual limits for the discharge of TSS, which
                                                                                decrease from a level of 12,000 metric tons on the date of enact-
                                                                                ment to not more than 9,942 tons by December 31, 2027;
                                                                                   (3) Comply with designated discharge limits of TSS on a 30-day
                                                                                average;
                                                                                   (4) Require the removal of not less than 80 percent of TSS from
                                                                                the discharge on a monthly average, and not less than 58 percent
                                                                                of BOD on an annual average;
                                                                                   (5) Attain all other effluent limitations of secondary treatment,
                                                                                as determined by the Administrator;
                                                                                   (6) Comply with other applicable requirements of sections 401
                                                                                (state certification requirements), 402 (NPDES permit require-
                                                                                ments), and 403 (ocean outfall requirements) of the Clean Water
                                                                                Act;
                                                                                   (7) Comply with pretreatment requirements of the Clean Water
                                                                                Act;
                                                                                   (8) Provide the Administrator with 10 consecutive years of ocean
                                                                                monitoring data to assist in determining compliance with this Act
                                                                                and the Clean Water Act; and
                                                                                   (9) Demonstrate that at least 83,000,000 gallons per day on an
                                                                                annual average of water suitable for potable reuse will be provided
                                                                                by December 31, 2035.
                                                                                   Subsection (c) requires the Administrator, in coordination with
                                                                                the State, to develop and incorporate into the NPDES permit mile-
                                                                                stones for compliance with the requirements of this Act.
                                                                                   Subsection (d) allows the permittee to pursue the construction of
                                                                                facilities to comply with the normal secondary treatment require-
                                                                                ments of the Clean Water Act.
                                                                                   Subsection (e) defines the terms ‘‘Administrator’’, ‘‘biochemical
                                                                                oxygen demand’’, ‘‘City’’, ‘‘Point Loma Plant’’, and ‘‘State’’.
                                                                                       CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

                                                                                   As reported by the Committee, H.R. 587 makes no changes in ex-
                                                                                isting law.

                                                                                                                                    Æ




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