HB1390, titled the Ocean Pollution Reduction Act II, would authorize the EPA Administrator to issue a Clean Water Act permit for discharges from the Point Loma Wastewater Treatment Plant in San Diego under a special federal framework. The bill does not broadly rewrite the Clean Water Act, but it creates a specific permitting pathway for this facility, allowing a permit for marine discharge if a detailed set of conditions is met.
The bill requires the Point Loma Plant to maintain its deep ocean outfall, meet phased limits on total suspended solids, satisfy specified removal and treatment performance standards, and comply with other Clean Water Act permitting requirements, including state concurrence and ocean discharge review. It also requires long-term ocean monitoring data, ongoing monitoring programs, and development milestones tied to permit conditions. In addition, the bill adds a forward-looking potable reuse benchmark, requiring demonstration of substantial production of water suitable for potable reuse by 2039 if such reuse is allowed by regulators.
Impact
If enacted, the bill would create an exception within federal water pollution permitting law for the Point Loma Wastewater Treatment Plant, effectively directing how EPA may issue a Clean Water Act section 402 permit for that facility. It would affect the City of San Diego, the EPA, and California regulators by setting enforceable discharge, monitoring, and treatment conditions specific to the plant, while preserving the option for the applicant to instead pursue a permit meeting standard secondary treatment requirements. The bill would not change statewide California law directly, but it would shape federal permitting obligations and the plant’s compliance obligations under the Clean Water Act.
Sentiment
The available context suggests generally favorable or at least bipartisan support for the bill’s objective, as indicated by the broad list of original House sponsors from both parties. The bill was introduced and referred to the House Committee on Transportation and Infrastructure and then to the Subcommittee on Water Resources and Environment, with no recorded votes or committee transcript debate provided. Based on the text, the measure appears to be framed as a targeted environmental and infrastructure bill rather than a controversial broad policy change.
Contention
The main point of potential contention is the bill’s treatment of ocean discharge from a wastewater plant, since it preserves and regulates a marine outfall rather than requiring an immediate shift to full secondary treatment or another disposal method. Environmental advocates could view the discharge allowances and timeline as too permissive, while the City of San Diego or utility stakeholders may view the bill as necessary to maintain reliable wastewater treatment operations and provide a workable compliance path. Another possible issue is the bill’s requirement for future potable reuse production, which may be seen as ambitious or difficult to achieve depending on regulatory approvals and infrastructure development.