Ocean Pollution Reduction Act II
The Ocean Pollution Reduction Act II would create a special, time-limited permitting pathway for the City of San Diego’s Point Loma Wastewater Treatment Plant to discharge treated wastewater into marine waters. Rather than follow the standard nationwide Clean Water Act (Federal Water Pollution Control Act) permit rules, the bill authorizes the EPA Administrator to issue a single-partial permit under Section 402 with a strict set of conditions designed to maintain a deep-ocean outfall while gradually tightening pollution limits over time. The permit would include milestone dates and data requirements, and it would also contemplate a pathway toward potable reuse of treated water. The approach emphasizes enhanced monitoring, pretreatment controls, and collaboration with state authorities, while providing an alternative to traditional secondary-treatment requirements. Key elements include a deep-water outfall requirement, progressively lower pollution limits (TSS and other metrics), substantial but specified removal efficiencies, inspection and data-gathering obligations, and a target for producing water suitable for potable reuse by 2039. The bill also allows a conventional secondary-treatment option if pursued instead of the unique permitting path. Overall, it shifts some regulatory oversight toward a long-term, data-driven program tied to potable reuse goals.
Key Points
- 1Special permit framework for Point Loma: The Administrator may issue a Section 402 permit specifically for Point Loma discharges under this Act, subject to the detailed conditions in subsection (b) and notwithstanding other provisions of the Clean Water Act.
- 2Outfall design intact with explicit location rules: The permit must require the Point Loma Plant to maintain its deep ocean outfall at a depth of at least 300 feet and at least 4 miles from shore.
- 3Progressive pollution limits and milestones: The permit sets staged limits for total suspended solids (TSS) and related performance, with caps of 12,000 metric tons/year (initial), then reductions to 11,500 t/year by 12/31/2029 and 9,942 t/year by 12/31/2031; a 60 mg/L 30-day average TSS concentration limit; and minimum removal efficiencies (80% TSS monthly average, 58% BOD annual average).
- 4Compliance with broader treatment and pretreatment requirements: The permit would still require achieving other secondary-treatment effluent limitations per 304(d)(1), except for the specific BOD and TSS provisions, and would include pretreatment program requirements under 301(h) in addition to 402(b)(8) requirements.
- 5Data, monitoring, and potable reuse target: Applicants must provide 10 consecutive years of ocean monitoring data before each permit application and establish an ocean monitoring program meeting or exceeding 301(h) requirements; if potable reuse is permitted, the applicant must show an annual average production of at least 83,000,000 gallons per day of water suitable for potable reuse by 2039.
- 6Federal/state process and optional alternative: The permit requires compliance with federal issuance procedures (Section 402), state concurrence (Section 401), and ocean-discharge criteria (Section 403). The bill also allows an alternative route for a Point Loma Plant application that complies with traditional secondary treatment under Sections 301(b)(1)(B) and 402.
- 7Milestone-driven plan: The Administrator must set development milestones to ensure compliance and include them as permit conditions before December 31, 2039.