National Acid Deposition Reduction Act of 1983

National Acid Deposition Reduction Act of 1983 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program.

Requires that a reduction in annual emissions of sulfur dioxide in an acid deposition impact region (consisting of the 31 States, and the District of Columbia, east of or bordering on the Mississippi River) of 10,000,000 tons from the total actual annual level in 1980 of such emissions. Requires that this be a phased reduction and completed no later than January 1, 1993.

Prohibits, beginning January 1, 1993, the total actual annual level of emissions of sulfur dioxide from stationary sources from being allowed to exceed 16,600,000 tons per year nationwide.

Directs the Administrator of the Environmental Protection Agency (EPA), to publish, by January 1, 1985, an inventory and projection of sulfur dioxide and nitrogen oxide emissions for the United States, including (in tons): (1) 1980 emissions of sulfur dioxide and nitrogen oxides from each major stationary source within the 50 States, by source and State; (2) 1980 emissions of nitrogen oxides from mobile sources for each of the 50 States, by type of mobile source; (3) 1980 emissions of sulfur dioxide or nitrogen oxides from other than major stationary or mobile sources; (4) emissions of sulfur dioxide and nitrogen oxides from major stationary sources within the United States beginning operation after December 31, 1980 and before January 1, 1987; (5) additional increments of emissions of sulfur dioxide and nitrogen oxides above 1980 emissions rates for major stationary sources in operation on or before December 31, 1980; (6) additional increments of emissions of sulfur dioxide and nitrogen oxides from mobile sources and other than major stationary sources which are projected to occur after December 31, 1980 and before January 1, 1993; (7) additional increments of sulfur dioxide and nitrogen oxides emissions which will occur at major stationary sources as a result of increasing plant utilization above 1980 levels and which are not subject to certain emissions limitations under specified provisions of this Act; and (8) an estimate of the gross tons of reductions in annual emissions of sulfur dioxide that are necessary to achieve a net reduction of 10,000,000 tons from the 1980 actual annual emissions of sulfur dioxide in the acid deposition impact region. Directs the Administrator to annually update such inventory and projection.

Sets forth provision for an emissions cap and offsets.

Prohibits any major stationary source which is in operation before 1987 from increasing its actual rate of emissions of sulfur dioxide over its 1980 level, unless there has been identified for such source a simultaneous net reduction in sulfur dioxide emissions at one or more sources in the same EPA administrative region in excess of the proposed increase in emission rate, and not otherwise required by a State implementation plan or under specified provisions of this Act.

Requires that, for each major stationary source beginning operations after January 1, 1987, there shall be identified for such source a simultaneous net reduction in emissions of sulfur dioxide at one or more sources in the same EPA region in excess of the proposed emission rate for that source, and not otherwise required by a State implementation plan or under specified provisions of this Act.

Provides that, for purposes of such emissions cap and offsets, a major stationary source beginning operation after January 1, 1987, and which commenced construction before January 1, 1984, shall be considered: (1) to be in operation before January 1, 1987; and (2) to have actual annual emissions not in excess of specified standards of performance under the Act.

Provides that, for purposes of the emissions cap and offsets for major stationary sources in operation before January 1, 1987, actual annual emissions may exceed 1980 emissions if the additional increment of emissions results from increasing plant utilization above 1980 levels, but in no case may the actual annual emissions used to determine whether an emissions increase has occurred exceed the emissions rate that would result by multiplying the 1980 emissions rate by a plant utilization factor equal to the average level of production experienced by such source during the period from January 1, 1970 through December 31, 1980 (or the portion of such period during which such source was in operation), divided by the level of production experienced by such source in 1980.

Requires States to assure: (1) compliance which such emissions cap and offsets requirements; and (2) the provision of emission reduction banks and brokerage institutions authorized under State implementation plan and acid deposition control provisions.

Sets forth provisions for a priority list and emissions limitations.

Directs the Administrator to publish, by January 1, 1986, a priority list of proposed control strategies for sulfur dioxide emissions reductions: (1) at major stationary sources which began operation prior to enactment of this Act; and (2) for which the Administrator intends to provide assistance by the use of funds available under the trust fund established by title II of this Act.

Allows such control strategies to include specified methods or projects for net emission reduction, in addition to certain continuous emissions reductions measures, if emissions limitations under such methods or projects are enforceable by the Federal Government, States other than those in which the emissions occur, or citizens under provisions for citizen suits under the Act.

Sets forth other requirements relating to such priority list.

Authorizes the Administrator to limit the number of projects on the priority list which rely on fuel switching, if substantial unemployment or economic dislocation might otherwise result.

Authorizes the Administrator to include on the priority list control strategies for emissions reductions by sources outside the acid deposition impact region under specified conditions relating to acid deposition or air quality improvement.

Requires each State, within 12 months after publication of the priority list, to adopt enforceable measures, including emissions limitations and compliance schedules, to achieve the reductions in sulfur dioxide emissions set forth on the priority list for each source within such State. Directs each State Governor to submit such measures to the Administrator for review, and to the Governors of all States in the acid deposition impact region for comment.

Directs the Administrator to approve such measures within six months, taking into consideration the comments of Governors of the other States, if specified conditions are met.

Provides that such measures shall be deemed State implementation plan requirements.

Requires each major stationary source identified for such a control strategy to be in compliance with such an emission limitation by January 1, 1993, but does not require any such source to implement a particular control strategy, provided that the emission limitation is achieved.

Directs the Administrator to use funds available under the trust fund established under title II of this Act to pay up to 70 percent of the capital costs necessary to implement the control strategies identified in the priority list. Sets forth conditions for such assistance.

Directs the Administrator to use funds available under such trust fund to pay up to 30 percent of the operation and maintenance costs necessary to implement such control strategies. Sets forth conditions for such assistance.

Directs the Administrator, within 12 months after the publication of the priority list, to enter into binding agreements with the owners and operators of all sources with a control strategy included on the priority list. Sets forth requirements relating to such agreements.

Limits to five percent of the funds available under such trust fund the amount which may be used to assist specified air quality improvement projects outside the acid deposition impact region.

Allows up to two percent of the funds available under such trust fund to be used for the development and demonstration of sulfur dioxide emission control technologies or to conduct specified research under the Energy Security Act of 1980.

Sets forth alternative reduction requirements which shall apply to all fossil-fuel-burning electric generating facilities which are major stationary sources located within: (1) the acid deposition impact region, if the Administrator fails to publish the priority list by January 1, 1986; or (2) any State, if such State fails to promulgate emissions limitations and compliance schedules as required under this Act.

Title II: Acid Deposition Reduction Trust Fund - Establishes within the Treasury of the United States the Acid Deposition Reduction Trust Fund, consisting of such amounts as may be appropriated or transferred to the trust fund under this title. Appropriates to the trust fund amounts determined by the Secretary of the Treasury to be equivalent to the revenues received in the Treasury under the taxes imposed by this title.

Provides that amounts in the trust fund shall be available only for expenditures relating to control strategies under title I.

Imposes a tax on: (1) sulfur dioxide emissions from major stationary sources; (2) nitrogen oxides emissions from major stationary sources; and (3) nitrogen oxides emissions from motor vehicles and other mobile sources, including aircraft, railroad locomotives, and heavy construction equipment, without regard to whether it is capable of being relocated.

Provides that such tax shall take effect on January 1, 1985, and terminate December 31, 1994.

Directs the Secretary, after consultation with the Administrator, to establish such tax rates so that the total received during the period such tax is in effect shall be $40,000,000,000. Requires that: (1) two-thirds of such amount will be received from the tax on sulfur dioxide emissions from major stationary sources; (2) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from major stationary sources; and (3) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from motor vehicles and other mobile sources.

Provides that the taxes on sulfur dioxide and nitrogen oxides emissions from major stationary sources be paid by the operator of each such source.

Provides that the portion of the tax imposed on nitrogen oxides emissions attributable to light-duty motor vehicles shall be paid at the time of first sale by the ultimater purchaser of each such vehicle sold in the United States after December 31, 1984.

Provides that the portion of the tax on nitrogen oxides emissions attributable to mobile sources other than light-duty motor vehicles shall be paid by the owner of each such mobile source on an annual basis.

Authorizes the Secretary to adjust such tax rate in the light of accumulated experience. Makes such adjustments effective on January 1 of 1987, 1990, or 1993.

Authorizes the Secretary to modify such tax rate with respect to the operator of a specific fossil-fuel-burning electric generating facility which will be installing a technological system of continuous emission reduction to comply with certain emission limitations during the period such tax will be in effect. Requires that such modification establish a tax of equal annual amounts during such period, based on the average of emission levels expected prior to and subsequent to the installation and operation of such technological system.

Authorizes the Secretary to establish such tax rates on sulfur dioxide and nitrogen oxides emissions from major stationary sources on the basis of ranges of quantities of such pollutants emitted from a class of such sources, in lieu of a strict per-unit-of-weight rate, if it is enforceable and produces adequate revenue, without imposing monitoring costs which bear no reasonable relationship to the revenues received from such sources.

Sets forth administrative provisions relating to the trust fund. Authorizes the Secretary to allow a source to make annual payments of equal amounts in those cases where a source otherwise would be required prior to installation of control technology to make payments substantially greater than payments after the installation of such technology. Allows such a source, if it is one which would receive assistance from the trust fund, to escrow its tax payments if such action would levelize electricity rate charges.