Acid Rain Control Act of 1989

Acid Rain Control Act of 1989 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to publish a list of the 20 electric plants which had the greatest emissions of sulfur dioxide during 1985. Permits such utilities to apply to the Administrator to substitute a unit for a unit at a plant originally listed by the Administrator. Authorizes the Administrator to modify such list if determined that equivalent reductions in such emissions will be achieved by such substitution.

Requires electric utility coal-fired steam generating plants, no later than December 31, 1995, to comply with annual emissions limitations for sulfur dioxides which reflect a 90 percent average annual reduction from such plants' annual emissions during 1985 through 1987. Permits up to 15 percent of such reduction to be achieved through natural gas cofiring or other fuel substitution. Sets sulfur dioxide emissions limitations for oil-fired electric utility steam generating units, to be effective after 1995. Requires the Administrator to establish: (1) such emissions limitations as may be necessary to ensure that by December 31, 1995, sulfur dioxide emissions from stationary sources in each State do not exceed 1985 emissions levels; and (2) emissions limitations to achieve a 3,000,000 tons per year reduction in nitrogen oxide emissions from fossil fuel fired electric utility steam generating units.

Sets sulfur dioxide emissions limitations for fossil fuel fired electric utility steam generating units with nameplate capacities over 75 MWe and which commenced operation on or before January 1, 1985. Authorizes such units to comply with such limitations by obtaining equivalent reductions from other units owned or operated by utilities which are part of the same holding company or from another utility in the same or an adjacent State. Directs the Administrator to require owners or operators of such units to maintain and make available to the public records on emissions and hours of operation. Permits the Administrator to extend the compliance period for up to three years if a unit will use clean coal technology resulting in greater emissions reductions than would be achieved by complying with such standards.

Establishes the Acid Rain Control Trust Fund. Requires the Secretary of the Treasury to report annually to the Administrator and the Congress on the financial condition of the Fund and on its expected condition and operations during the next five fiscal years.

Directs the Administrator to make periodic payments from the Fund to owners or operators of electric utility steam generating units subject to emissions limitations under this Act to cover costs of installing technology (including clean coal technology) for purposes of complying with this Act. Sets a ceiling on the total amount of payments to a unit. Provides that units shall be eligible for such payments only if they certify that the payments will be used for such purposes.

Directs the Administrator to promulgate a rule requiring certain fossil fuel fired electric utility steam generating units and energy importers to pay a fee to the Administrator based on the amount of energy generated or imported. Establishes a fee schedule based on the average annual amount of sulfur dioxide emissions generated by a unit during 1990 through 2005. Authorizes fee reductions for States which adopt emissions limitations more stringent than Federal standards and for utilities burning natural gas in conjunction with fossil fuels.

Provides for the substitution of emissions reductions from programs encouraging or requiring energy conservation if such reductions are equivalent to reductions required under this Act. Authorizes the Administrator to make payments to cover the costs of such programs from 1996 through 2010.

Makes owners or operators of facilities that emit excess emissions of sulfur dioxide liable for excess emissions fees, based on the amount of excess emissions tonnage. Requires such fee to be adjusted for inflation in each year after 1996, using the Consumer Price Index. Requires such persons to obtain offsetting emissions reductions in the year after excess emissions were emitted.

Directs the Administrator to promulgate revised new source performance standards for certain fossil fuel fired electric utility steam generating units which commence construction or modification after such standards are required to be promulgated.