Ocean Pollution Reduction Act II
- Bill Number
- H.R. 1390
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-02-14: Referred to the Subcommittee on Water Resources and Environment.
- Last Updated
- 2026-04-14T17:43:56Z
AI-Generated Summary
Purpose
The Ocean Pollution Reduction Act II (H.R. 1390) aims to update permitting rules for wastewater discharge from the Point Loma Wastewater Treatment Plant in San Diego, California. It seeks to balance environmental protection by reducing ocean pollution with practical allowances for the plant's operations, including requirements for monitoring and eventual production of water suitable for drinking (potable reuse).
Key Provisions
- Permit Issuance: The Environmental Protection Agency (EPA) Administrator can issue a discharge permit for the Point Loma Plant into ocean waters, even if it does not fully meet standard federal water pollution rules (under the Clean Water Act). The permit must include specific conditions to limit pollution.
- Discharge Conditions:
- Maintain the existing deep ocean outfall pipe at a depth of at least 300 feet and at least 4 miles from shore.
- Limit total suspended solids (fine particles in wastewater that can harm water quality) to no more than 12,000 metric tons per year initially, reducing to 11,500 metric tons by December 31, 2029, and 9,942 metric tons by December 31, 2031.
- Keep suspended solids below 60 milligrams per liter on a 30-day average.
- Remove at least 80% of suspended solids monthly and 58% of biochemical oxygen demand (a measure of organic pollution that consumes oxygen in water) annually, across all treatment stages.
- Meet other basic treatment standards (secondary treatment effluent limits) except for those related to suspended solids and oxygen demand.
- Follow standard Clean Water Act processes, including state (California) approval and evaluation of ocean discharge effects.
- Implement programs to control pollutants from industrial sources before they enter the plant (pretreatment requirements).
- Provide 10 years of ocean monitoring data with each permit application to show no harm to the ocean, and maintain an ongoing monitoring program.
- By December 31, 2039, produce at least 83 million gallons per day (annually averaged) of water suitable for potable reuse, if allowed by federal and state rules.
- Milestones and Alternatives: The EPA must set progress deadlines in permits to ensure compliance by 2039. The plant owner can instead apply for a standard full-treatment permit if preferred.
- Definitions: Clarifies terms like "Administrator" (EPA head), "biochemical oxygen demand" (same as biological oxygen demand, measuring oxygen use by waste), and "Point Loma Plant" (San Diego's facility).
Significant Changes to Existing Law
- Overrides parts of the Clean Water Act (Federal Water Pollution Control Act) for this specific plant, allowing a modified permit that relaxes full secondary treatment requirements (a standard process to biologically treat wastewater) for suspended solids and oxygen demand.
- Introduces tailored pollution limits and monitoring tailored to the plant's deep-water discharge, differing from uniform national standards.
- Adds a new mandate for potable water reuse production, promoting water recycling not previously required for this site.
- Requires enhanced pretreatment and monitoring beyond some existing rules, while providing a pathway to avoid stricter treatment if conditions are met.
Potential Impacts
- Government Agencies: The EPA gains flexibility to issue site-specific permits but must enforce strict monitoring and milestones, potentially increasing administrative workload. California's water regulators will review permits, affecting state-federal coordination.
- Citizens and Environment: Reduces ocean pollution through phased cuts in discharges and monitoring to protect marine life; promotes potable reuse to address water shortages in drought-prone areas like San Diego, benefiting public health and water supply.
- International Relations: Minimal direct impact, though improved ocean water quality could indirectly support U.S. commitments to global marine pollution treaties.
- Local Operations: Eases permitting for the City of San Diego, potentially lowering treatment upgrade costs while ensuring gradual pollution reductions.
Main Stakeholders Affected
- City of San Diego: Primary owner and operator of the Point Loma Plant; gains simplified permitting but must meet pollution limits, monitoring, and reuse goals.
- Environmental Protection Agency (EPA): Responsible for issuing and overseeing permits, with added duties for evaluations and milestones.
- State of California: Must concur on permits and regulate potable reuse, influencing local water management.
- Local Residents and Businesses: Affected by water quality, potential potable reuse for drinking water, and wastewater costs passed to users.
- Environmental and Fishing Groups: Benefit from pollution controls and monitoring but may oppose any relaxation of treatment standards.
- Industrial Dischargers: Subject to stricter pretreatment to reduce pollutants entering the plant.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates a targeted exception (or "waiver-like" provision) to the Clean Water Act for one facility, potentially setting a precedent for similar site-specific adjustments elsewhere, while upholding core requirements like state review and ocean criteria. Ensures compliance with monitoring to protect against lawsuits over water quality.
- Constitutional: No direct challenges noted; aligns with Congress's authority to regulate interstate waters and commerce under the Commerce Clause.
- Political: Bipartisan sponsorship (from representatives of both parties in the San Diego area) highlights a localized environmental compromise, focusing on practical pollution reduction amid water scarcity, without broader national reforms. Referred to the House Committee on Transportation and Infrastructure for review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Peters, Scott H. [D-CA-50]
Cosponsors (4)
Rep. Levin, Mike [D-CA-49], Rep. Vargas, Juan [D-CA-52], Rep. Issa, Darrell [R-CA-48], Rep. Jacobs, Sara [D-CA-51]
Recent Actions
- 2025-02-14: Referred to the Subcommittee on Water Resources and Environment.
- 2025-02-14: Referred to the House Committee on Transportation and Infrastructure.
- 2025-02-14: Introduced in House
- 2025-02-14: Introduced in House
Bill Versions
- Ocean Pollution Reduction Act II — issued 2025-02-14 — PDF (6 pages)