National Acid Deposition Control and Cost Sharing Act of 1984

National Acid Deposition Control and Cost Sharing Act of 1984 - Title I: - Amends the Clean Air Act (the Act) to establish a national acid deposition control and cost sharing program.

Establishes new requirements for acid deposition control.

Defines an "acid deposition impact region" as the 48 contiguous States and the District of Columbia.

Defines "existing major emitting electric powerplant" as any fossil fuel-fired steam electric power plant consisting of one or more steam generating units which: (1) is a major emitting facility; and (2) had been in commercial operation on or before December 31, 1980. Provides that steam generating units not in commercial operation on or before December 31, 1980, shall not be considered part of an existing major emitting electric powerplant.

Defines "innovative emission limitation system" as a technological system of continuous emission reduction which has not been adequately demonstrated on a commercial scale and which, compared with any system which has been adequately demonstrated, has a substantial likelihood of achieving: (1) either greater continuous emission reduction of sulfur dioxide or greater simultaneous reduction of sulfur dioxide and nitrogen oxide emissions; and (2) reduction of sulfur dioxide emissions at a lower cost in terms of energy, economic, or nonair quality environmental impact. (Gives limestone injection multistage burners ("LIMB") as an example of an innovative emission limitation system.)

Sets forth requirements for emission reduction from major existing electric powerplants.

Requires that, by January 1, 1996, the total annual sulfur dioxide emissions from existing major emitting powerplants in the acid deposition impact region shall not exceed a level 10,000,000 tons less than the actual level of such emissions from such powerplants in 1980.

Prohibits any existing major emitting electric powerplant in the acid deposition impact region from increasing its annual emissions of sulfur dioxide (measured in tons per year) above the actual annual rate of emissions experienced by the plant during 1978, 1979, or 1980, unless: (1) there has been identified for such plant an enforceable, contemporaneous, and equivalent reduction in actual emissions not otherwise required under the Act at one or more points within the same State or (with the permission of the Governors of such States) within other States within the region; (2) the increase is authorized in an approved plan under this Act; or (3) the increase is due to a conversion completed pursuant to the Energy Supply and Environmental Coordination Act of 1974, the Fuel Use Act of 1978, or the Omnibus Budget Reconciliation Act of 1981, to the extent that such conversion does not result in emissions exceeding one and two-tenths pounds of sulfur dioxide per million Btus of heat input on an annual average. Makes violations of such prohibition violations of applicable implementation plans and emission limitations under specified provisions of the Act.

Provides that no expenditure of funds on an existing major emitting electric powerplant in order to satisfy an emission limitation under this Act shall be deemed a reconstruction of that plant (or any part thereof) for any purpose under the Act.

Sets forth requirements for State sulfur dioxide reduction plans.

Requires each State in the acid deposition impact region to achieve its share of the reduction in annual sulfur dioxide emissions required for the entire region. Bases such share on the actual 1980 sulfur dioxide emissions which are in excess of one and two-tenths pounds per million Btus from existing major emitting electric powerplants within such State. Directs the Administrator of the Environmental Protection Agency, after consultation with the Governors of the States in the region, to publish within six months after enactment of this Act, a list identifying such powerplants and 1980 emissions and specifying the sulfur dioxide emissions reductions which each State must achieve.

Requires that, in the determination of the emission reductions which each State must achieve, a credit be provided to any State in which emission reductions are required for any of 50 power plants (or substitute units) subject to specified federally mandated emission reductions under this Act.

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. Prohibits court review of any such list or agreement.

Requires each State in the region, within three years after enactment of this Act, to submit a plan to achieve its required share of the reduction in sulfur dioxide emissions. Directs the Administrator to approve, within 12 months after its submission, any such plan or plan modification if, taking into consideration the comments of Governors of other States in the region, the Administrator finds that the plan or plan modification: (1) contains compliance schedules and authorized emission reduction methods or programs; (2) contains adequate monitoring requirements; and (3) is adequate to achieve the required total reduction in sulfur dioxide emissions for such State as expeditiously as practicable, but no later than January 1, 1996. 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.

Sets forth alternative sulfur dioxide reduction requirements.

Provides that, if a State plan which fully satisfies the requirements of this Act has not been approved by January 1, 1989, an annual average emission limitation of one and two-tenths pounds of sulfur dioxide per million Btus shall apply to each existing major emitting electric powerplant within such State in the region. Requires the owner or operator of each such powerplant within such State to submit to the Administrator, by July 1, 1989, a plan for achieving such emission limitation. Directs the Administrator to approve such plan or plan modification within 12 months if it meets the same criteria and deadline as required for a State plan. Makes any measure approved under such plan (and of those specified requirements for an owner or operator) a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act.

Sets forth provisions for authorized emission reduction programs.

Authorizes, for purposes of State plans under this Act, the use of any emission reduction method or program, if: (1) emission limitations under such method or program are enforceable; and (2) such emissions reductions occur within the State or within other agreeing States in the region.

Provides that such authorized methods or programs may include: (1) any technological system of continuous emission reduction; (2) least emission dispatch to meet electric generating demand at existing generating capacity; (3) retirement of existing major emitting electric powerplants or portions thereof 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; (4) investments in energy conservation with which quantifiable reductions in emissions can be identified; (5) trading of emissions reduction requirements imposed under this Act, and actual reductions not otherwise required under the Act; and (6) fuel substitution (unless otherwise prohibited by the State).

Allows a State plan or plan modification to require emission reductions at sources other than existing major emitting electric powerplants, if such reductions are actual emission reductions not otherwise required under the Act.

Requires, for purposes of powerplant owner or operator plans which are submitted when State plans have not been approved on time, that authorized reduction methods or programs: (1) meet all the requirements for those under State plans; (2) reduce emissions at sources owned or operated by the person submitting the plan (with specified exceptions); and (3) be limited to technological systems of continuous emission reduction, least emission dispatch to meet electric generating demand at existing generating capacity, early retirement of powerplants, and trading of emission reduction requirements and actual reductions (whether or not such requirements or reductions occur at sources owned or operated by the person submitting the plan).

Directs States and the Administrator to establish emission reduction banks or brokerage institutions to facilities trading in emissions reduction requirements imposed under this Act, and actual reductions not otherwise required under the Act.

Sets forth direct federally mandated emission reductions.

Directs the Administrator to: (1) identify each existing major emitting electric powerplant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btus; (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, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions.

Sets forth procedures for excluding units from, and placing substitute units on, such list.

Requires the owner or operator of each plant on the final list and of each approved substitute unit to submit to the Administrator, within 12 months after enactment of this Act, 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 within two years after enactment of this Act, to promulgate a compliance schedule for such plant on January 1, 1989. 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 powerplant concerned; and (2) through compliance with specified requirements relating to precombustion fuel cleaning, sulfur dioxide emissions from such plant for the calendar year 1993 and each calendar year thereafter shall not exceed 1.2 pounds per million Btus heat input. Sets forth procedures for determining listed plant and substitute unit compliances with such emission limitation. 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, 1993; and (3) the emission limitation be achieved for each calendar year after 1992.

Prohibits any such emission limitation (under these provisions for federally mandated sulfur dioxide emission reductions at the 50 listed plants or substitute units) from being complied with, in whole or in part, through the use by an existing major emitting electric powerplant of coal which has a signficantly lower sulfur content prior to precombustion cleaning than the average sulfur content prior to precombustion cleaning of coal used by that powerplant during any six-month period selected by the owner or operator of the powerplant in the five-year period ending December 31, 1983. Provides that such emission limitations, compliance schedules, and other requirements under these provisions shall be treated as emission limitations and requirements in effect under applicable implementation plans for purposes of specified provisions of the Act.

Sets forth provisions relating to precombustion cleaning. Directs the Administrator, within 12 months after the enactment of this Act, and after notice and opportunity for public comment, to promulgate regulations requiring the precombustion cleaning of coal used as fuel by major emitting facilities. Provides that such regulations shall require that, not later than two years after the enactment of this Act, no coal may be used as fuel by any major emitting facility unless: (1) its sulfur content has been reduced, through the use of precombustion cleaning, to the maximum level achievable through the use of technology which is generally available on the date of enactment of this Act; or (2) the Administrator determines that, due to the low sulfur content of the coal used as fuel by such facility, such precombustion cleaning is not economically feasible. Provides that such regulations shall not apply to coal produced from any mine which was in operation during calendar year 1983 and produced less than 100,000 short tons during such year. Provides that any such requirements shall be treated as emission limitations and requirements of an applicable implementation plan for purposes of specified provisions of the Act.

Directs the Administrator, before October 1, 1989, to contract with the National Academy of Sciences (NAS) to study and report on: (1) the significant adverse effects on public health and welfare which may reasonably be associated with atmospheric deposition of acidic compounds; (2) areas of the country which are, or are exposed to a significant risk of, experiencing such effects; (3) whether and to what extent particular sources in particular areas can reasonably be associated with the atmospheric acidic compounds associated with such risks and effects; and (4) the availability of controls for such sources and the social and economic costs of controlling them so as to eliminate or significantly mitigate such risks and effects. Requires that the NAS report be submitted to the President and Congress before December 31, 1996. Directs the Administrator to submit to Congress, before June 1, 1997, draft legislation to require, if necessary, further emission control strategies that are consistent with the NAS report.

Sets forth provisions relating to innovative control orders.

Allows the owner or operator of any existing major electric powerplant (or any substitute unit) which is subject to federally mandated emission reductions under this Act to apply for such an order on or before January 1, 1987. Allows the owner or operator of any existing major electric powerplant which is subject to emission limitations under a State plan under this Act or alternative emission limitations under this Act to apply at any time for such an order.

Authorizes the Administrator to issue an innovative control order to an existing major emitting electric powerplant (or substitute unit), after consultation with the Governor of the State where the plant is located, upon determining that: (1) the plant owner or operator will expeditiously use an innovative emission limitation system which is reasonably likely to be adequately demonstrated, upon expiration of the order; (2) such system is not likely to be used at the plant unless such order is granted; (3) the owner or operator has demonstrated that the proposed system will not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation, function, or malfunction; and (4) the granting of such order will not make the total number of such orders with respect to such system exceed that which the Administrator finds appropriate to ascertain whether or not such system has been adequately demonstrated or will achieve an equivalent continuous reduction at lower cost in terms of energy, economic, or nonair quality environmental impact.

Prohibts the issuance of any such innovative control order after January 1, 1988, in the case of a major existing electric powerplant (or substitute unit) which is subject to federally mandated emission reductions under this Act.

Requires that such innovative control orders: (1) specify a final date of compliance with emission limitations under this Act, which shall not be later than January 1, 1996, with specified exceptions; and (2) set forth compliance schedules containing increments of progress which require such compliance as expeditiously as practicable.

Requires a source, during the period covered by an innovative control order, to comply with interim requirements which the Administrator: (1) determines are reasonable and practicable; and (2) specifies in the order.

Prohibits any enforcement action from being pursued based upon noncompliance with any emission limitation under this Act which is covered by the innovative control order during the period for which such order is in effect.

Makes any compliance schedule or interim requirement imposed in an innovative control order a requirement of an applicable implementation plan and an emission limitation for purposes of specified provisions of the Act.

Authorizes the Administrator to revoke, extend, or modify an innovative control order upon specified determinations.

Establishes in the Treasury an Acid Deposition Control Trust Fund (the Fund). Directs the Secretary of the Treasury (the Secretary) to establish the Fund within one year after enactment of this Act.

Provides that the Fund shall continue in existence until all distributions have been made in accordance with this Act. Provides that any amount remaining in the Fund on January 1, 2006, shall be used to make additional payments which may be required on account of past underpayments; or to make payments for specified research, development, demonstration, and services. Provides that, after such additional payments have been made, and all repayments into the Fund required on account of past overpayments have been collected, any remaining amount in the Fund shall be distributed to the owners and operators of existing major emitting electric powerplants in proportion to the amount of fees they paid during the Fund's lifetime, but only if they pass on such refunded payment to their current customers in the form of a rebate or rate reduction.

Directs the Secretary to: (1) be the Fund's trustee; (2) manage the Fund by investing in a specified manner any portion of the Fund not required to meet current obligations; (3) report annually to Congress on the financial condition of the Fund; and (4) make a final report, and accounting, to Congress at the termination of the Fund.

Imposes, under regulations promulgated by the Administrator, a fee of one and three-tenths mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the 48 contiguous States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. 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, 1999.

Directs the Administrator to promulgate regulations setting forth the time and manner required for payment of such fee and related reporting requirements.

Directs the Administrator, within six months after enactment of this Act, and after consulting with the Secretary, to issue regulations governing the conditions under which payments will be made from the Fund.

Directs the Administrator to make annual payments over specified periods from the Fund to owners or operators of stationary sources subject to requirements under this Act. Requires that such payments cover: (1) 90 percent of all annual capital costs (and, in the case of a major emitting electric powerplant, a specified portion of all annual operating and maintenance costs) of control technology which the Administrator determines to be necessary to comply with specified requirements of this Act; or (2) 90 percent of all such capital costs and 90 percent of all such annual operating costs as the Administrator determines to be necessary to comply with the requirements of an innovative control order under this Act.

Prohibits any such payment for the capital costs or operating and maintenance costs of any technology used to comply with the precombustion cleaning requirement under this Act.

Sets forth provisions for determining such annual capital costs. Sets forth tables for determining the percent of annual operating and maintenance costs to be paid in specified years.

Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve such payments, subject to the Administrator's approval.

Prohibits any annual operating cost payment during any period in which the major existing electric powerplant is not in compliance with any applicable requirement under this Act. Provides that any operating costs incurred during any such period shall not be considered in determining whether overpayments or underpayments have been made. Prohibits any annual capital cost payment during any period in which the powerplant is not in compliance with any compliance schedule under this Act, unless such plant is making a good faith effort.

Directs the Administrator, within 24 months after the enactment of this Act, and after consultation with the Secretary, to promulgate regulations governing the making of payments from the Fund and the collection of overpayments. Sets forth requirements relating to such regulations.

Sets forth civil and criminal fines for specified failures to pay fees or repayments under this Act.

Allows up to $50,000,000 per year from the Fund to be used for the development and demonstration of sulfur dioxide emission control technologies and for specified research authorized under the Energy Security Act of 1980.

Provides that no payments from the Fund shall be considered as "income" for purposes of the Internal Revenue Code, or as "rate relief" for purposes of any State regulatory system. Provides that no capital or operating expenses which are compensated under this Act shall be used to reduce any tax obligation under the Internal Revenue Code.

Directs the Administrator to make payments of up to $40,000,000 from the Fund to the NAS for services performed pursuant to the contracts for the study and report under this Act.

Authorizes the Administrator to delegate to a State, at its request and if it has an approved State plan, the authority to approve payments required under provisions of this Act relating to the Fund.

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 after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btus, in the case of subbituminous coal; and (2) 0.40 pounds per million Btus, 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.