National Acid Deposition Control Act of 1983

National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control.

Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980.

Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions and notify the owner or operator of each of the 50 plants listed; and (3) within four months after such enactment, after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions.

Permits the owner or operator of any plant on the final list and the owner or operator of any other plant located in the same State to apply, within 18 months after enactment of this Act to substitute one or more fossil fuel fired steam generating units of such other plant for a unit of the plant on the list. Authorizes the Administrator to approve such a substitution under specified conditions.

Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules.

Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fired electric utility generating plant concerned (other than a unit for which a substitute has been approved); and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Sets forth similar emissions reduction requirements and procedures for substitute units. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989.

Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases.

Sets forth requirements for State plans for additional emission reductions of sulfur dioxide.

Directs the Administrator, within 18 months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980 (or below that of any subsequent year designated by the Administrator as the baseline year in the case of: (1) any fossil fuel fired steam generating unit which is not part of an electric utility generating plant; or (2) any stationary source of industrial process emissions).

Directs the Administrator, in computing State shares, to use the best available data and, to the extent that better data is not available, to use the inventory of emissions developed under a specified memorandum of intent on transboundary air pollution signed by Canada and the United States.

Makes each State share the sum of the number of tons computed, under specified formulas, for: (1) fossil fuel fired electric utility plants in the State (except those required to comply with federally mandated emission reductions under this Act); (2) other fossil fuel fired steam generating units in the State; and (3) industrial process emitters of sulfur dioxide in the State.

Directs the Administrator, on the basis of specified data and within one year after enactment of this Act, to establish a national average best available control technolgoy (BACT) emission limit for sulfur dioxide for emissions units within each category of process emitters of sulfur dioxide.

Permits, under regulations promulgated by the Administrator, the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment.

Sets deadlines and procedures for submission and approval of State plans for such State shares. Sets emissions limitations applicable in the absence of an approved State plan.

Requires State plans for State shares to provide for emission limitations applicable to any stationary sources (other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions) in the State for which: (1) the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the baseline year; and (2) no new source standard of performance is applicable.

Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share.

Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements.

Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to make available a portion of specified funds to each State: (1) which has in effect a State plan approved under this Act; and (2) which each plant subject to the direct federally mandated emission reduction has achieved such reduction. Sets forth a formula for determining each State's portion of such funds. Requires that such funds be used by the State, in such manner as it deems appropriate, to: (1) provide for the required State share of emissions reductions; (2) reduce, or provide refunds of, the fee on electric energy imposed under this Act; or (3) fund any other State program which it deems appropriate to carry out the purposes of this Act. Limits to five percent of the amount of the State portion the amount which may be used for administration of the State plan under this Act.

Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act.

Directs the Administrator to make expenditures from the Fund in accordance with the following priorities: (1) the Administrator shall make payments to utilities for specified utility rate reductions; (2) not more than $10,000,000 may be made available for the limestone injection multistaged burner (LIMB) technology demonstration project; (3) not more than $10,000,000 may be made available in any fiscal year for accelerated research on other cleaner burning industrial processes; (4) not more than $25,000,000 per fiscal year for each of FY 1984 through 1988 may be made available for the mitigation program under title III; (5) the Administrator shall next make expenditures for payment of capital costs of control for plants subject to the direct federally mandated emissions reductions, allocating available amounts first to the facilities which first applied for such payment; and (6) if all expenditures for such capital costs which currently can be made have been made, the Administrator shall provide funding to States to assist compliance with State plans.

Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary.

Imposes, under regulations promulgated by the Administrator, a fee for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States.

Makes such fee effective with respect to electric energy generated, or imported after December 31, 1984. Makes the fee cease to apply on December 31, 1995.

Requires that the fee be applied during each calendar quarter at a rate per kilowatt hour which is equal to 1.5 mill multiplied by the inflation adjustment for the calendar quarter in which the electric energy is generated or imported. Sets forth a formula for determining such inflation adjustment.

Exempts from such fee any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Requires each electric utility to determine the fraction of energy sold which is exempt from the fee to state the amount subject to such fee on each billing document.

Directs the Administrator to make payments from the Fund to each electric utility which has sold electric energy to any individual customer who certifies that, at the time of such certification, he or she is: (1) receiving aid to families with dependent children under the Social Security Act; (2) receiving supplemental security income benefits under the Social Security Act; (3) receiving low-income home energy assistance under the Low-Income Energy Assistance Act of 1981; (4) a member of a household receiving food stamps under the Food Stamp Act of 1977; or (5) receiving payments under specified Federal law relating to veterans or under specified provisions of the Veterans and Survivors Pensions Improvement Act of 1978. Requires that such certification be made within 180 days after the date of the sale of the electric energy with respect to which such payment is made. Prohibits any such payment unless the Administrator determines that: (1) under applicable rate schedules, the full amount of such payment will be used to reduce the electric rates of the certified customer; and (2) the utility has established adequate procedures to assure that each customer will be informed, in the utility's periodic billings, of such payment and such rate reduction. Sets forth a formula for determining the amount of such payment.

Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth: (1) the time and manner required for payment of such fee; (2) related reporting requirements; and (3) requirements applicable to the exemption and rate reduction.

Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for: (1) electric utilities (or importers of electric energy) which knowingly commit such violations; and (2) persons who knowingly file any false certificate or document to obtain an exemption from the fee.

Directs the Administrator to carry out a full-scale demonstration project to demonstrate the feasibility of the limestone injected multistaged burner (LIMB) technology. Limits the amount authorized to be appropriated from the Fund for such project to $10,000,000.

Directs the Administrator to make such grants, contracts, and other arrangements to accelerate the research necessary to develop advanced industrial processes, including atmospheric fluidized bed construction and magnetohydrodynamics (MHD), other than the LIMB technology which may result in lower levels of sulfur dioxide and nitrogen oxides. Limits to $10,000,000 in each of fiscal year 1985 through 1989 the amount which is authorized to be appropriated for the Fund for such research.

Makes conforming amendments.

Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal.

Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.

Title III: Acid Deposition Damage Mitigation Program - Allows any State to prepare and submit for the approval of the Administrator and for comment by the Director of the U.S. Fish and Wildlife Service: (1) a survey of water quality deterioration in such State which has resulted from acid deposition; (2) a proposal for research mitigating the effects of acid deposition on terrestial and aquatic ecosystems; and (3) proposed methods and procedures to restore the quality of water in such State which has deteriorated as a result of acid deposition.

Directs the Administrator, after consultation with the Director, to provide from the Fund financial assistance to States to carry out measures and procedures for restoration which have been approved by the Administrator.

Limits the amount granted under this title to any State for any fiscal year to 80 percent of the funds expended by such State in such year for carrying out such methods and procedures.

Directs the Administrator to provide for equitable distribution of sums appropriated under this title among States with approved methods and procedures. Requires that such distribution be based on the relative need of such State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that the amount of any grant to a State under this title shall be in addition to, and not in lieu of, any other Federal financial assistance.