Acid Rain Control Act of 1984

Acid Rain Control Act of 1984 - Amends the Clean Air Act ("the Act") to provide for reduction of acid deposition through reduction of emissions of sulfur dioxide and nitrogen oxides.

Establishes a program for reduction of total sulfur dioxide emissions in the 48 contiguous States. Provides that such reduction is to be: (1) to a level 10,000,000 tons below the total sulfur dioxide emissions in 1980; and (2) achieved by December 1, 1995.

Provides that the requirements of such program are to be in addition to other requirements under the Act.

Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to compute and publish State aggregate sulfur dioxide emission targets for January 1, 1989, and January 1, 1995. Sets forth formulas for calculating such targets for each State, based on reductions from the 1980 sulfur dioxide emissions levels which would have been achieved if all fossil fuel-fired electric utility steam generating units in the State had complied with specified emissions limitations during 1980 (two pounds per million Btu for the 1989 target and one and two-tenths pounds per million Btu for the 1995 target).

Requires each State, by January 1, 1986, to develop and submit State plans for emission limitations necessary to achieve such targets. Allows such plans to provide for compliance through: (1) the use of a technological sytem of continuous emission reduction; or (2) any other continuous emission reduction requirements (applicable to stationary sources) which the State finds appropriate. Directs the Administrator to approve such plans if they are adequate to achieve such targets.

Prohibits commencement of construction of any new stationary source of sulfur dioxide if no State plan is submitted by the deadline or if the Administrator disapproves a State plan.

Directs the Administrator to promulgate a plan for any State which fails to submit: (1) a plan by the deadline; or (2) a revised plan within six months after disapproval. Provides that the plan promulgated by the Administrator shall only be applicable to fossil fuel-fired steam generating units in the State which are not subject to more stringent emission limitations under any other provision of the Act. Provides that such plan shall require each such unit to comply with an emission limitation of: (1) two pounds per million Btu by January 1, 1989; and (2) one and two-tenths pounds per million Btu by January 1, 1995.

Prohibits commencement of construction of any new stationary source of sulfur dioxide in any State which does not meet the 1989 or 1995 target.

Provides for crediting toward the State target: (1) emissions reductions credited under a specified trading program; and (2) nitrogen oxide emissions reductions substituted for sulfur dioxide emissions reductions in accordance with a specified ratio.

Prohibits the establishment, under any provision of the Act, of any sulfur dioxide emission limitation which would permit any stationary source (or unit) to exceed the sulfur dioxide emissions allowable from it in 1982 under the applicable implementation plan in effect on January 1, 1982.

Directs the Administrator to promulgate regulations to facilitate the trading of emission reduction requirements, and actual reductions, on a State or regional basis under the sulfur dioxide emissions program of this Act. Allows such regulations to provide for emission reduction banks or brokerage institutions. Allows such trading to include trading of sulfur dioxide emissions for nitrogen oxide emissions in accordance with a specified ratio.

Allows the State plan to permit any owner or operator of a stationary source of sulfur dioxide emissions to reduce nitrogen oxide emissions in lieu of any sulfur dioxide emissions reduction which would otherwise be required under the plan. Requires that such reduction of nitrogen oxide emissions be at a rate of two units by weight of nitrogen oxides for each unit of sulfur dioxide.

Provides that State plan requirements under this Act shall be treated as requirements of applicable implementation plans for specified purposes under the Act.

Imposes a fee for each kilowatt hour of electric energy which is either generated by an electric utility in or imported into the contiguous 48 States. Requires that EPA regulations for such fee allow utilities to pass through to customers the cost of the fee and indicate the fee as a separate item on bills. Provides that such fee shall: (1) take effect with respect to electric energy generated, or imported, after December 31, 1984; (2) cease to apply on December 31, 1990; (3) be applied during each calendar quarter at the rate of one and five-tenths mill per kilowatt hour; and (4) not apply to any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power.

Sets civil and criminal penalties for specified violations of such fee requirements.

Establishes the Acid Deposition Control Fund in the Treasury. Allows the Fund to be used for: (1) certain loans for capital costs of emission control; (2) specified studies, research, and demonstrations; and (3) assistance to States for acid deposition mitigation programs. Credits to the Fund amounts determined by the Secretary of the Treasury to be equivalent to the amount received into the Treasury from fees imposed under this Act. Directs the Secretary to: (1) report annually to Congress on the Fund; and (2) make investments on behalf of the Fund. Directs the Administrator to: (1) report, within one year after enactment of this Act, to Congress on the expected costs of the construction and installation of technological systems of continuous emission reductions necessary to meet emission limitations; and (2) estimate the amount, and establish a schedule for issuance, of specified notes or other obligations which must be issued to meet such costs. Authorizes the Administrator to issue to the Secretary such specified notes and other obligations, but only in such amounts as may be specified in appropriation Acts.

Directs the Administrator to make loans from the Fund, in the five-year period beginning on the date the Fund is established, for capital costs of emission control. Allows owners or operators of stationary sources subject to emission limitations under plans adopted or promulgated under this Act to apply for such loans. Authorizes the Administrator to make such loans only upon determination that loan proceeds will be used only for the costs of the construction and installation of any technological system of continuous emission reduction used to comply with such emission limitations in accordance with requirements which the Administrator deems appropriate. Provides that such loans shall be: (1) made without interest; (2) required to be repaid within such period and under such conditions as the Administrator shall establish. Directs the Administrator to require only such repayment of such loans as is necessary to assure the availability of adequate sums for the Administrator to make payments of principal and interest on specified notes and other obligations issued under this Act. Directs the Administrator, upon expiration of the five-year period beginning on the date of the establishment of the Fund, to report to Congress the amount required to pay such principal and interest. Directs the Administrator to issue regulations establishing the criteria upon which such loans shall be made and the procedures for handling applications.

Revises provisions for new stationary source performance standards to direct the Administrator, promptly after the enactment of this Act, to promulgate or revise such performance standards for emissions of: (1) nitrogen oxides from fossil fuel-fired electric utility steam generating units; and (2) sulfur dioxides and nitrogen oxides from other fossil fuel-fired steam generating units which are capable of combusting more than 50,000 pounds per million Btu/hour heat input of fossil fuel (either alone or in combination with any other fuel).

Revises provisions for emissions standards for new motor vehicles or engines to direct the Administrator to revise specified regulations applicable to nitrogen oxide emissions from trucks and truck engines manufactured during and after model year 1986 so that total nitrogen oxide emissions will be reduced by 4,000,000 tons by January 1, 1995.

Directs the Administrator to conduct a study and report to Congress on the rate-making policies of the Federal Energy Regulatory Commission and of State public utility regulatory authorities regarding the costs incurred by regulated electric utilities in complying with emission control requirements under the sulfur dioxide emissions program established under this Act. Requires that such study determine the extent to which: (1) such costs are equitably allocated, under rate schedules approved or established by the Commission and such State authorities, among the customers of such utilities; and (2) a disproportionate burden of such costs are borne by customers of any utility who are not located in the State in which the utility is located.

Directs the Administrator to undertake studies regarding: (1) formation of acid deposition and interstate transport of acid deposition precursors; (2) effects of acid deposition on human health and the environment, including visibility; (3) adverse effects associated with acid rain in areas outside the northeast; (4) effectiveness of acid deposition mitigation measures; and (5) innovative means to control acid deposition.

Directs the Administrator to carry out a demonstration program for clean coal technologies.

Directs the Administrator to provide financial assistance to State programs for mitigation of the adverse effects of acid rain. Requires that at least one-third of the total amounts expended by a State for any such program in any fiscal year be derived from non-Federal sources. Limits to one percent of the amounts available in the Fund the amount which may be used to provide such assistance for such State programs.