Requires the Administrator of the Environmental Protection Agency to promulgate regulations controlling electric utility and industrial source emissions of mercury. Prohibits mercury emission allowance transfers.
Requires that these emissions regulations prevent localized adverse effects and ensure significant reductions on both coasts.
Directs the Administrator to identify for and report to Congress on scientifically credible environmental indicators sufficient to protect sensitive ecosystems of the Adirondack, mid-Appalachian, Rocky and Southern Blue Ridge Mountains as well as the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 203 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 203
To reduce acid deposition under the Clean Air Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Sweeney (for himself and Mr. McHugh) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To reduce acid deposition under the Clean Air Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acid Rain Control Act''.
SEC. 2. REDUCTION IN TOTAL ANNUAL EMISSIONS OF SULFUR DIOXIDE BY
UTILITY UNITS.
The second sentence of section 403(a) of the Clean Air Act (42
U.S.C. 7651b) is amended by striking the period at the end and
inserting ``, and such 8.90 million tons amount shall be reduced to
4.45 million tons for each of calendar years 2008, 2009, 2010, and
2011, and shall be further reduced to 3 million tons for calendar years
thereafter.''.
SEC. 3. REDUCTION IN TOTAL ANNUAL EMISSIONS OF NITROGEN OXIDES BY
AFFECTED FACILITIES.
(a) Total Annual Emissions.--The Administrator of the Environmental
Protection Agency shall ensure that total annual emissions of nitrogen
oxides by affected facilities in the 50 States and the District of
Columbia do not exceed--
(1) 2.10 million tons for each of calendar years 2008,
2009, 2010, and 2011; and
(2) 1.70 million tons for calendar year 2012 and each
calendar year thereafter.
(b) Penalty.--The owner or operator of any affected facility that
emits nitrogen oxides for any calendar year after 2007 in excess of the
facility's emissions limitation requirement, or any allowance the owner
or operator holds for the facility for that calendar year, under
regulations promulgated under this Act or title IV of the Clean Air Act
(42 U.S.C. 7651 et seq.)--
(1) shall be liable for the payment of an excess emissions
penalty under section 411 of such title (42 U.S.C. 7651j),
except that the penalty shall be calculated on the basis of the
number of tons emitted in excess of the facility's emissions
limitation requirement multiplied by $6,000; and
(2) shall be liable to offset the excess emissions by an
equal tonnage amount in the manner applicable under section 411
of such title (42 U.S.C. 7651j) to the owner or operator of any
affected source that emits excess sulfur dioxide.
(c) Affected Facility.--For purposes of this section, the term
``affected facility'' means a facility with 1 or more combustion units
that serve at least 1 electricity generator with a capacity not less
than 25 megawatts.
SEC. 4. MERCURY EMISSION CONTROL.
(a) Regulation.--Not later than December 15, 2004, the
Administrator shall promulgate a regulation controlling electric
utility and industrial source emissions of mercury in the 50 States and
the District of Columbia.
(b) Prohibition on Transfer.--The Administrator may not allow any
electric utility or other industrial source to transfer any mercury
emission allowance.
SEC. 5. REGULATIONS.
(a) In General.--The Administrator shall promulgate regulations to
carry out sections 2, 3, and 4 that--
(1) may, except in the case of mercury, provide for market-
oriented mechanisms, such as emissions trading, auctions, or
other allocation methods;
(2) shall prevent localized adverse effects on public
health and the environment; and
(3) shall ensure that significant emission reductions are
achieved in both the Eastern and Western Regions of the United
States.
(b) Deadline.--The Administrator shall promulgate--
(1) the regulations required under subsection (a) to carry
out sections 2 and 3 not later than 2 years after the date of
the enactment of this Act; and
(2) the regulations required under subsection (a) to carry
out section 4 not later than December 15, 2004.
SEC. 6. REGIONAL ECOSYSTEMS.
(a) Report.--
(1) In general.--Not later than December 31, 2007, the
Administrator shall submit to the Congress a report identifying
objectives for scientifically credible environmental
indicators, as determined by the Administrator, that are
sufficient to protect sensitive ecosystems of the Adirondack
Mountains, mid-Appalachian Mountains, Rocky Mountains, and
Southern Blue Ridge Mountains, and water bodies of the Great
Lakes, Lake Champlain, Long Island Sound, and the Chesapeake
Bay.
(2) Acid neutralizing capacity.--The report shall--
(A) include acid neutralizing capacity as an
indicator; and
(B) identify as an objective the objective of
increasing the proportion of water bodies in sensitive
receptor areas with an acid neutralizing capacity
greater than zero from the proportion identified in
surveys begun in 1984.
(3) Updated report.--Not later than December 31, 2011, the
Administrator shall submit to the Congress a report updating
the report under paragraph (1) and assessing the status and
trends of various environmental indicators for the regional
ecosystems referred to in paragraph (1).
(4) Reports under the national acid precipitation
assessment program.--The reports under this subsection shall be
subject to the requirements applicable to a report under
section 103(j)(3)(E) of the Clean Air Act (42 U.S.C.
7403(j)(3)(E)).
(b) Regulations.--
(1) Determination.--Not later than December 31, 2011, the
Administrator shall determine whether emissions reductions
called for in this Act are sufficient to ensure achievement of
the objectives stated in subsection (a)(1).
(2) Promulgation.--If the Administrator finds under
paragraph (1) that emission reductions are not sufficient to
ensure achievement of the objectives identified in subsection
(a)(1), the Administrator shall promulgate, not later than 2
years after making the finding, such regulations, including
modification of nitrogen oxides and sulfur dioxide allowance
allocations or any such measure, as the Administrator
determines are necessary to protect the sensitive ecosystems
described in subsection (a)(1).
SEC. 7. ADMINISTRATOR.
For purposes of this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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