I 

108TH CONGRESS 

1ST SESSION H. R. 203

To reduce acid deposition under the Clean Air Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. SWEENEY (for himself and Mr. MCHUGH) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL

To reduce acid deposition under the Clean Air Act, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Acid Rain Control 

5 Act’’. 

6 SEC. 2. REDUCTION IN TOTAL ANNUAL EMISSIONS OF SUL7 FUR DIOXIDE BY UTILITY UNITS. 

8 The second sentence of section 403(a) of the Clean 

9 Air Act (42 U.S.C. 7651b) is amended by striking the pe10 riod at the end and inserting ‘‘, and such 8.90 million tons 

11 amount shall be reduced to 4.45 million tons for each of 
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1 calendar years 2008, 2009, 2010, and 2011, and shall be 

2 further reduced to 3 million tons for calendar years there3 after.’’. 

4 SEC. 3. REDUCTION IN TOTAL ANNUAL EMISSIONS OF NI5 TROGEN OXIDES BY AFFECTED FACILITIES. 

6 (a) TOTAL ANNUAL EMISSIONS.—The Administrator 

7 of the Environmental Protection Agency shall ensure that 

8 total annual emissions of nitrogen oxides by affected facili9 ties in the 50 States and the District of Columbia do not 

10 exceed—

11 (1) 2.10 million tons for each of calendar years 

12 2008, 2009, 2010, and 2011; and 

13 (2) 1.70 million tons for calendar year 2012 

14 and each calendar year thereafter. 

15 (b) PENALTY.—The owner or operator of any af16 fected facility that emits nitrogen oxides for any calendar 

17 year after 2007 in excess of the facility’s emissions limita18 tion requirement, or any allowance the owner or operator 

19 holds for the facility for that calendar year, under regula20 tions promulgated under this Act or title IV of the Clean 

21 Air Act (42 U.S.C. 7651 et seq.)—

22 (1) shall be liable for the payment of an excess 

23 emissions penalty under section 411 of such title (42 

24 U.S.C. 7651j), except that the penalty shall be cal25 culated on the basis of the number of tons emitted 
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1 in excess of the facility’s emissions limitation re2 quirement multiplied by $6,000; and 

3 (2) shall be liable to offset the excess emissions 

4 by an equal tonnage amount in the manner applica5 ble under section 411 of such title (42 U.S.C. 7651j) 

6 to the owner or operator of any affected source that 

7 emits excess sulfur dioxide. 

8 (c) AFFECTED FACILITY.—For purposes of this sec9 tion, the term ‘‘affected facility’’ means a facility with 1 

10 or more combustion units that serve at least 1 electricity 

11 generator with a capacity not less than 25 megawatts. 

12 SEC. 4. MERCURY EMISSION CONTROL. 

13 (a) REGULATION.—Not later than December 15, 

14 2004, the Administrator shall promulgate a regulation 

15 controlling electric utility and industrial source emissions 

16 of mercury in the 50 States and the District of Columbia. 

17 (b) PROHIBITION ON TRANSFER.—The Adminis18 trator may not allow any electric utility or other industrial 

19 source to transfer any mercury emission allowance. 

20 SEC. 5. REGULATIONS. 

21 (a) IN GENERAL.—The Administrator shall promul22 gate regulations to carry out sections 2, 3, and 4 that—

23 (1) may, except in the case of mercury, provide 

24 for market-oriented mechanisms, such as emissions 

25 trading, auctions, or other allocation methods; 
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1 (2) shall prevent localized adverse effects on 

2 public health and the environment; and 

3 (3) shall ensure that significant emission reduc4 tions are achieved in both the Eastern and Western 

5 Regions of the United States. 

6 (b) DEADLINE.—The Administrator shall promul7 gate—

8 (1) the regulations required under subsection 

9 (a) to carry out sections 2 and 3 not later than 2 

10 years after the date of the enactment of this Act; 

11 and 

12 (2) the regulations required under subsection 

13 (a) to carry out section 4 not later than December 

14 15, 2004. 

15 SEC. 6. REGIONAL ECOSYSTEMS. 

16 (a) REPORT.—

17 (1) IN GENERAL.—Not later than December 31, 

18 2007, the Administrator shall submit to the Con19 gress a report identifying objectives for scientifically 

20 credible environmental indicators, as determined by 

21 the Administrator, that are sufficient to protect sen22 sitive ecosystems of the Adirondack Mountains, mid23 Appalachian Mountains, Rocky Mountains, and 

24 Southern Blue Ridge Mountains, and water bodies 
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1 of the Great Lakes, Lake Champlain, Long Island 

2 Sound, and the Chesapeake Bay. 

3 (2) ACID NEUTRALIZING CAPACITY.—The re4 port shall—

5 (A) include acid neutralizing capacity as 

6 an indicator; and 

7 (B) identify as an objective the objective of 

8 increasing the proportion of water bodies in 

9 sensitive receptor areas with an acid neutral10 izing capacity greater than zero from the pro11 portion identified in surveys begun in 1984. 

12 (3) UPDATED REPORT.—Not later than Decem13 ber 31, 2011, the Administrator shall submit to the 

14 Congress a report updating the report under para15 graph (1) and assessing the status and trends of 

16 various environmental indicators for the regional 

17 ecosystems referred to in paragraph (1). 

18 (4) REPORTS UNDER THE NATIONAL ACID PRE19 CIPITATION ASSESSMENT PROGRAM.—The reports 

20 under this subsection shall be subject to the require21 ments applicable to a report under section 

22 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 

23 7403(j)(3)(E)). 

24 (b) REGULATIONS.—
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1 (1) DETERMINATION.—Not later than Decem2 ber 31, 2011, the Administrator shall determine 

3 whether emissions reductions called for in this Act 

4 are sufficient to ensure achievement of the objectives 

5 stated in subsection (a)(1). 

6 (2) PROMULGATION.—If the Administrator 

7 finds under paragraph (1) that emission reductions 

8 are not sufficient to ensure achievement of the objec9 tives identified in subsection (a)(1), the Adminis10 trator shall promulgate, not later than 2 years after 

11 making the finding, such regulations, including 

12 modification of nitrogen oxides and sulfur dioxide al13 lowance allocations or any such measure, as the Ad14 ministrator determines are necessary to protect the 

15 sensitive ecosystems described in subsection (a)(1). 

16 SEC. 7. ADMINISTRATOR. 

17 For purposes of this Act, the term ‘‘Administrator’’ 

18 means the Administrator of the Environmental Protection 

19 Agency.

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