Acid Deposition Control Act of 1984

Acid Deposition Control Act of 1984 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program.

Defines an "acid deposition impact region" as the 31 States east of or bordering on the Mississippi River and the District of Columbia.

Requires that by January 1, 1996, the total annual sulfur dioxide emissions in the acid deposition impact region not exceed a level 11,000,000 tons less than the actual level of such emissions in 1980. Requires that one-half of such reduction be completed within six years after the enactment of this Act, or January 1, 1991, whichever is earlier.

Provides that sulfur dioxide emissions from major stationary sources which did not begin operation before January 1, 1981, or which have increased emissions since such date (to the extent such emissions do not exceed one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day basis), calculated on an annual basis, shall not be added to the amount of sulfur dioxide which the State in which such sources are located is required to reduce by January 1, 1996, under provisions for regional reduction allocation and State reduction requirements. Provides that no emissions from such sources shall be added in any State which during 1980 had no major stationary source which was a utility boiler which had an actual annual average emission rate greater than one and two-tenths pounds of sulfur dioxide per million Btu of heat input. Provides that increases in sulfur dioxide emissions from utility boilers which are coal capable as defined under the Fuel Use Act and which convert to the use of coal as a primary fuel shall be so added only to the extent such emissions from a particular source exceed one and one-half pounds of sulfur dioxide per million Btu of heat input on an annual average.

Prohibits any major stationary source of sulfur dioxide or nitrogen oxides from commencing operation after January 1, 1996, in such region unless there has been identified for such source a simultaneous net reduction in emissions of sulfur dioxide or nitrogen oxides, or both, at one or more points in such region: (1) in excess of the emissions which potentially would result from the proposed new source; and (2) not otherwise required by a State implementation plan. Exempts from such prohibition any major stationary source which: (1) adopts the best available control technology, as defined under specified provisions of the Act as appropriate for the location of the proposed new source; and (2) attains at least the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the region.

Directs the Governors of all 31 States within the region to enter into negotiations to establish sulfur dioxide emission reduction requirements for each such State sufficient to achieve the total reduction required for the region. Makes such an agreement binding and enforceable on each such State, but only upon notification to the Administrator by the Governors of 75 percent of the States in the region, within 18 months after enactment of this Act, that such agreement has been reached.

Requires each such State, if the Governors fail to reach agreement within such 18 months, to achieve its share of the reduction in annual sulfur dioxide emissions required for the region. Bases such share on the actual utility emissions which are in excess of one and two-tenths pounds of sulfur dioxide per million Btu of heat input averaged over 1980. Authorizes the Governors of any two or more States in the region to reallot among agreeing States such required reductions, provided that the total reductions equal the required total.

Requires each such State, within 30 months after the enactment of this Act, to adopt enforceable measures to achieve the required reduction in sulfur dioxide emissions, including emissions limitations and schedules for compliance for sources within such State and other means of emissions reduction in accordance with specified provisions. Directs the Governor of such State to submit such measures to the Administrator for review and to the Governors of all other States in the region for comment. Provides for such review and approval according to specified procedures. Directs the Administrator to approve such measures if, taking into consideration the comments of the other State Governors, the Administrator finds that such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) are adequate to meet the required reduction in sulfur dioxide emissions for such State by the deadline under this Act. Makes each emission limitation, compliance schedule, or other measure approved under this Act a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act.

Provides that, in the case of any major stationary source which is in any State in the region and which is not by December 31, 1986, in full compliance with the applicable implementation plan in effect on January 1, 1981, the owner or operator shall be subject to: (1) the emission limitation established under specified provisions of this Act for all facilities in such State owned or operated by such owner or operator; and (2) a noncompliance penalty for each such source or facility, including each electric generating facility, for the period from the original date for compliance under the applicable implementation plan until actual compliance with such emission limitation.

Requires that such enforceable measures adopted by States in the region include compliance schedules which specify actions to be performed leading toward final compliance and increments of progress to be achieved by dates in advance of dates by which the State requires each particular source to comply with the emission limitation necessary to attain the reduction for such State. Requires the State in adopting (and the Administrator in reviewing) such measures to stage or phase such compliance dates so that to the maximum extent practicable one-half of the total emission reduction under this Act is achieved within six years of enactment, or prior to January 1, 1991, whichever is earlier.

Requires each major stationary source which proposes to comply with an emission limitation established under this Act by any means other than an innovative system of continuous emission reduction technology or the replacement of existing facilities with new facilities of substantially lower emissions to comply with such emission limitation by January 1, 1994.

Sets forth major stationary source sulfur dioxide reduction requirements to apply in any State in the region which has not: (1) adopted, within 30 months after enactment of this Act, measures to achieve the required reduction; or (2) had such measures approved by the Administrator within six months after their submission. Requires, in such States, the owner or operator of each fossil-fuel-burning electric generating facility which is a major stationary source which is not subject to specified performance standards for new stationary sources to comply with an emission limitation or limitations for all such facilities owned or operated by the same entity in such region equivalent to an average among such facilities of one and two-tenths pounds of sulfur dioxide per million Btu of heat input on a 30-day average. Requires the owner or operator of each such facility to submit to the Administrator a plan or schedule of compliance for achieving such emission limitation or equivalent emission reduction in accordance with provisions for enforceable mission reduction programs, within three years after the enactment of this Act or six months after the date on which such owner or operator becomes subject to such emission limitation, whichever is later. Directs the Administrator to approve such plan and compliance schedule if it: (1) contains enforceable requirements for continuous emission reduction; (2) contains requirements for monitoring by the source and enforcement agencies to assure that the emission limitations are being met; and (3) will achieve the required emission reduction in a manner consistent with a specified schedule established under provisions for State enforceable measures, or otherwise at the earliest practicable date, but no later than January 1, 1994. Makes specified violations of such requirements violations of emissions limitations for purposes of certain provisions of the Act.

Sets forth provisions for enforceable emission reduction programs. Permits alternative methods or programs for net emission reduction to be used to maintain emission limitations or attain emission reductions required under specified provisions of this Act. Permits a State or the owner or operator of a source to use such alternative methods or programs, in addition to enforceable continuous emission reduction measures, if emissions limitations under such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens under specified provisions of the Act. Includes among such alternative methods or programs: (1) least emissions dispatch to meet electric generating demand and existing generating capacity; (2) retirement of major stationary sources at an earlier date than provided in schedules on file with the Federal Energy Regulatory Commission, the Internal Revenue Service, or State utility regulatory agencies; (3) investments in energy conservation where reductions in emissions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions on a State or regional basis, for which States and the Administrator are authorized to establish emission reduction banks or brokerage institutions to facilitate such trading; (5) precombustion cleaning of fuels; and (6) fuel substitution.

Permits a State or the owner or operator of a source required to achieve emission reductions under specified provisions of this Act to substitute reductions in nitrogen oxides emissions, at a rate of two units by weight of nitrogen oxides for each unit of sulfur dioxide.

Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results of such study to the Congress within two years after the enactment of this Act.

Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to specified congressional committees two comprehensive reports, one by December 31, 1986, and one by December 31, 1988. Requires that such reports present specified research findings and recommendations, based on existing scientific knowledge, for reducing acid deposition and its effects. Directs the Task Force to provide for appropriate scientific peer review of such research and of its reports. Authorizes appropriations for FY 1985 through 1989 in addition to any other funds authorized to be appropriated to the Task Force to carry out specified research activities under such Act.

Directs the Administrator, promptly after the date established under provisions for major stationary source sulfur dioxide reduction requirements, to report to specified congressional committees on emission limitation and other enforceable measures adopted by the States and approved by the Administrator or in effect under such provisions, for all States in the region.

Directs the Administrator to develop an inventory of sources of nitrogen oxides in the region and in each State in the region. Directs the Administrator, within four years after enactment of this Act, to report to specified congressional committees on: (1) such inventory; (2) control technology and methods for new and existing sources of nitrogen oxides; and (3) any recommendations for requirements to reduce existing emissions or control new emissions of nitrogen oxides to reduce acid deposition, including but not limited to the question of whether levels of such emissions should be strictly limited or reduced.

Establishes a National Commission on Air Quality Employment Impacts to study and report to Congress on the direct and indirect impacts on employment in domestic coal mining that would result from the reduction of emissions required by this Act. Authorizes the Commission, if it deems it appropriate, to study and report on other direct employment impacts of this Act on industries related to coal mining. Requires that the Commission's report be filed with specified congressional committees by December 31, 1987. Permits such report to include: (1) legislative recommendations to correct any substantially adverse impact on employment dislocations in coal mining regions caused by this Act; and (2) recommendations to States, counties, cities, or private industrial entities to aid in the correction of said employment dislocation. Provides for Commission membership, including representatives of specified congressional committees, a representative of the United Mine Workers, and representatives of the coal industry. Provides for cooperation, information, and technical assistance from Federal agencies for the Commission. Terminates the Commission upon completion of its report. Authorizes the Commission, in the conduct of the study, to contract with nongovernmental entities competent to perform research or investigations in areas within the Commission's mandate, and to hold public hearings, forums, and workshops to enable full public participation. Authorizes the Commission to contract with nonprofit technical and scientific organizations, including the National Academy of Sciences, to develop necessary technical information for a specified authorized study. Authorizes the Commission to expend up to $3,000,000 to carry out its required functions.