Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms.
Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies.
Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act.
Considers affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013.
Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment.
Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act; (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions; and (3) emitting mercury in excess of the emission limitations.
Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator.
Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury.
Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1841 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1841
To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide,
and mercury emissions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2009
Mr. McHugh introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Natural Resources, Science and Technology, and Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide,
and mercury emissions, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Acid Rain and
Mercury Control Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from
powerplants.
Sec. 4. Mercury emission reductions.
Sec. 5. Effect on other law.
Sec. 6. Protecting sensitive regional ecosystems.
Sec. 7. Authorization of appropriations.
Sec. 8. Modernization.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) reductions of atmospheric sulfur dioxide and nitrogen
oxide from utility plants, in addition to the reductions
required under the Clean Air Act (42 U.S.C. 7401 et seq.), are
needed to reduce acid deposition and its serious adverse
effects on public health, natural resources, building
structures, sensitive ecosystems, and visibility;
(2) sulfur dioxide and nitrogen oxide contribute to the
development of fine particulates, suspected of causing human
mortality and morbidity to a significant extent;
(3) regional nitrogen oxide reductions of 75 percent in the
Eastern United States, in addition to the reductions required
under the Clean Air Act, may be necessary to protect sensitive
watersheds from the effects of nitrogen deposition;
(4) since the Clean Air Act Amendments of 1990 were
enacted, some acidic lakes in the Adirondacks in the State of
New York have started to slowly show chemical recovery from
acid rain, demonstrating that sulfur dioxide and nitrogen oxide
regulations can be implemented in a cost-effective manner, but
the recovery is progressing at a slower rate than originally
intended;
(5) nitrogen oxide is highly mobile and can lead to ozone
formation hundreds of miles from the emitting source;
(6) on March 10, 2005, the Environmental Protection Agency
(EPA) issued the Clean Air Interstate Rule (CAIR) to require
additional reductions in sulfur dioxide and nitrogen oxide in
28 Eastern States and the District of Columbia;
(7) these reductions represent approximately a 70 percent
reduction in sulfur dioxide and a 60 percent reduction in
nitrogen oxide in the affected States;
(8) on July 11, 2008, the United States Court of Appeals
for the District of Columbia Circuit vacated CAIR and on
December 23, 2008, the same court remanded the rule back to the
EPA without vacature;
(9) fossil fuel-fired electric generating units emit
approximately \1/3\ of the total mercury emissions in the
United States;
(10) mercury is considered a neurotoxin which can
bioaccumulate as it moves its way up the food chain and is
especially harmful to young children and developing fetuses;
(11) according to the EPA, there were 3,080 fish advisories
for mercury in 2006; there are over 90 fish advisories for
mercury in New York alone, with blanket warning for the
Adirondack and Catskill Mountains;
(12) on March 15, 2005, EPA issued the Clean Air Mercury
Rule (CAMR), which for the first time sought to regulate
mercury emissions from power plants, but used a less
restrictive cap-and-trade approach for this very harmful
substance and would take a full decade to implement;
(13) on February 8, 2008, the United States Court of
Appeals for the District of Columbia Circuit vacated CAMR; and
(14) on February 23, 2009, the Supreme Court denied a
request to reconsider the decision.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the current scientific understanding that
emissions of sulfur dioxide and nitrogen oxide, and the acid
deposition resulting from emissions of sulfur dioxide and
nitrogen oxide, present a substantial human health and
environmental risk;
(2) to require reductions in sulfur dioxide and nitrogen
oxide emissions;
(3) to support the efforts of existing acid rain and
mercury monitoring programs located throughout the country;
(4) to reduce utility emissions of nitrogen oxide by 75
percent from 1997 levels;
(5) to reduce utility emissions of sulfur dioxide by 75
percent after the implementation of phase II sulfur dioxide
requirements under section 405 of the Clean Air Act (42 U.S.C.
7651d); and
(6) to adopt a strict standard for mercury emissions by
power plants of 0.6 pounds per trillion Btu without allowing
for a cap-and-trade system.
SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM
POWERPLANTS.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is
amended by adding at the end the following:
``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS
FROM POWERPLANTS.
``(a) Emission Reduction Objectives.--The emission reduction
objectives of this section are to reduce, not later than January 1,
2012--
``(1) aggregate sulfur dioxide emissions from powerplants
by 75 percent from the levels allowed under full implementation
of the Phase II sulfur dioxide requirements under title IV
(relating to acid deposition control); and
``(2) aggregate nitrogen oxide emissions from powerplants
by 75 percent from 1997 levels.
``(b) Agency Action.--
``(1) Regulations.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall promulgate regulations to achieve the emission
reduction objectives specified in subsection (a).
``(B) Elements.--The regulations promulgated under
subparagraph (A)--
``(i) shall achieve the objectives in a
manner that the Administrator determines will
allocate required emission reductions
equitably, taking into account emission
reductions achieved before the date of
enactment of this section and other relevant
factors;
``(ii) may include market-oriented
mechanisms (such as emissions trading based on
generation performance standards, auctions, or
other allocation methods);
``(iii) shall prevent localized adverse
effects on public health and the environment
and ensure that significant emission reductions
are achieved in both the Eastern and Western
regions of the United States; and
``(iv) shall include, consistent with
achieving the objectives set forth in
subsection (a), incentives for renewable
energy.
``(2) Interagency coordination to minimize costs and
maximize gains.--To minimize the economic costs and maximize
the economic gains of achieving the emission reduction
objectives specified in subsection (a), the Administrator shall
coordinate with other departments and agencies of Federal and
State government to increase energy efficiency, to increase the
use of renewable energy, and to implement cost saving advanced
demand and supply side policies, such as those described in the
report prepared by the Interlaboratory Working Group of the
Department of Energy entitled `Scenarios for a Clean Energy
Future', dated November 2000.
``(c) Additional Reductions.--The regulations promulgated under
subsection (b) may require additional reductions in emissions from
powerplants if the Administrator determines that the emission levels
necessary to achieve the emission reduction objectives specified in
subsection (a) are not reasonably anticipated to protect public health
or welfare.
``(d) Modernization of Outdated Powerplants.--
``(1) In general.--On the later of the date that is 30
years after a powerplant commenced operation or the date that
is 5 years after the date of enactment of this section, it
shall comply with--
``(A) the most recent new source performance
standards promulgated under section 111; and
``(B) the requirements under parts C and D that are
applicable to modified sources.
``(2) Additional requirements.--The requirements of this
subsection shall be in addition to the requirements of the
regulations promulgated under subsection (b).
``(e) Other Requirements.--The requirements of this section shall
be in addition to, and not in lieu of, any other requirement of this
Act.
``(f) Definition.--In this section, the term `powerplant' means an
electric generation facility with a nameplate capacity of 25 megawatts
or more that uses a combustion device to generate electricity for
sale.''.
SEC. 4. MERCURY EMISSION REDUCTIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following:
``TITLE VII--MERCURY REDUCTIONS
``Sec. 701. Definitions.
``Sec. 702. Mercury reduction program.
``Sec. 703. Prohibitions.
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Affected unit.--The term `affected unit' means a
coal-fired electric generating facility (including a
cogeneration facility) that--
``(A) has a nameplate capacity greater than 25
megawatts; and
``(B) generates electricity for sale.
``(2) Cogeneration facility.--The term `cogeneration
facility' means a facility that--
``(A) cogenerates--
``(i) steam; and
``(ii) electricity; and
``(B) supplies, on a net annual basis, to any
utility power distribution system for sale--
``(i) more than \1/3\ of the potential
electric output capacity of the facility; and
``(ii) more than 25 megawatts of electrical
output of the facility.
``SEC. 702. MERCURY REDUCTION PROGRAM.
``(a) New Unit Requirement.--Any affected unit that commences
operation after December 31, 2010, shall be considered a new unit for
the purposes of this section and shall not exceed the emission limit of
0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement
of operation.
``(b) Existing Unit Requirement.--Any affected unit that commences
operation on or before December 31, 2010, shall not exceed the emission
limit of 0.6 pounds mercury per trillion Btu by January 1, 2013.
``(c) Monitoring System.--Not later than January 1, 2011, the
Administrator shall promulgate regulations requiring operation,
reporting and certification of continuous emissions monitoring systems
(CEMS) to accurately measure the quantity of mercury that is emitted
from each affected unit.
``(d) Excess Emissions.--
``(1) In general.--The owner or operator of an affected
unit that emits mercury in excess of the emission limitation
described in subsections (b) and (c) shall pay an excess
emissions penalty determined under paragraph (2).
``(2) Determination of excess emissions penalty.--The
excess emissions penalty shall be an amount equal to $10,000
for each ounce of mercury emitted in excess of the emission
limitations for mercury described in subsections (b) and (c).
``(e) Prevention of Mercury Re-Release.--Not later than January 1,
2011, the Administrator shall promulgate regulations to ensure that any
mercury captured or recovered by emission controls installed at an
affected unit is not re-released into the environment.
``SEC. 703. PROHIBITIONS.
``It shall be unlawful--
``(1) for the owner or operator of any electricity
generating facility--
``(A) to operate the electricity generating
facility in noncompliance with the requirements of this
title (including any regulations implementing this
title);
``(B) to fail to submit by the required date any
emission allowances, or pay any penalty, for which the
owner or operator is liable;
``(C) to fail to provide and comply with any plan
to offset excess emissions; or
``(D) to emit mercury in excess of the emission
limitations established under section 702; or
``(2) for any person to hold, use, or transfer any emission
allowance allocated under this title except in accordance with
regulations promulgated by the Administrator.''.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act--
(1) affects the ability of a State to take State actions to
further limit sulfur dioxide, nitrogen oxide, or mercury; and
(2) except as expressly provided in this Act--
(A) modifies or otherwise affects any requirement
of this Act in effect on the day before the date of
enactment of this Act; or
(B) relieves any person of the responsibility to
comply with this Act.
SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.
(a) Report.--
(1) In general.--Not later than December 31, 2012, the
Administrator shall submit to Congress a report identifying
objectives for scientifically credible environmental
indicators, as determined by the Administrator of the
Environmental Protection Agency, that are sufficient to protect
and restore sensitive ecosystems of the Adirondack Mountains,
mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains,
and Southern Blue Ridge Mountains and water bodies of the Great
Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay
and other sensitive ecosystems, as determined by the
Administrator.
(2) Updated report.--Not later than December 31, 2021, the
Administrator shall submit to Congress a report updating the
report under paragraph (1) and assessing the status and trends
of various environmental objectives and indicators for the
sensitive regional ecosystems referred to in paragraph (1).
(3) 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, 2019, the
Administrator shall determine whether emission reductions under
title VII of the Clean Air Act are sufficient to ensure
achievement of the objectives stated in subsection (a)(1).
(2) Promulgation.--If the Administrator determines under
paragraph (1) that emission reductions under title VII of the
Clean Air Act 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 sulfur
dioxide and nitrogen oxide allowance allocations or any such
measure, as the Administrator determines are necessary to
protect the sensitive ecosystems described in subsection
(a)(1).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts made available under any other law, there
are authorized to be appropriated for each of fiscal years 2010 through
2020--
(1) for operational support of the National Atmospheric
Deposition Program National Trends Network--
(A) $2,000,000 to the United States Geological
Survey;
(B) $600,000 to the Environmental Protection
Agency;
(C) $600,000 to the National Park Service; and
(D) $400,000 to the Forest Service;
(2) for operational support of the National Atmospheric
Deposition Program Mercury Deposition Network--
(A) $400,000 to the Environmental Protection
Agency;
(B) $400,000 to the United States Geological
Survey;
(C) $100,000 to the National Oceanic and
Atmospheric Administration; and
(D) $100,000 to the National Park Service;
(3) for the National Atmospheric Deposition Program
Atmospheric Integrated Research Monitoring Network $1,500,000
to the National Oceanic and Atmospheric Administration;
(4) for the Clean Air Status and Trends Network $5,000,000
to the Environmental Protection Agency; and
(5) for the Temporally Integrated Monitoring of Ecosystems
and Long-Term Monitoring Program $2,500,000 to the
Environmental Protection Agency.
SEC. 8. MODERNIZATION.
(a) Authorization of Appropriations.--In addition to amounts made
available under any other law, there are authorized to be
appropriated--
(1) for equipment and site modernization of the National
Atmospheric Deposition Program National Trends Network
$6,000,000 to the Environmental Protection Agency;
(2) for equipment and site modernization and network
expansion of the National Atmospheric Deposition Program
Mercury Deposition Network $2,000,000 to the Environmental
Protection Agency;
(3) for equipment and site modernization and network
expansion of the National Atmospheric Deposition Program
Atmospheric Integrated Research Monitoring Network $1,000,000
to the National Oceanic and Atmospheric Administration; and
(4) for equipment and site modernization and network
expansion of the Clean Air Status and Trends Network $4,600,000
to the Environmental Protection Agency.
(b) Availability of Amounts.--Each of the amounts appropriated
under subsection (a) shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Science and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Natural Resources
Referred to House Science and Technology
Referred to House Agriculture
Referred to the Subcommittee on Energy and Environment.
Referred to the Subcommittee on Energy and Environment.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
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