Acid Rain and Mercury Control Act

Bill: 111-hr-1841
Sponsor: Rep. McHugh, John M. [R-NY-23]
Introduced: 2009-04-01 in the House
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Air quality
Alternative and renewable resources
Aquatic ecology
Ecology
Electric power generation and transmission
Environmental Protection Agency (EPA)
Environmental assessment, monitoring, research
Hazardous wastes and toxic substances
Public utilities and utility rates
Water quality

Summary:
action_date: 2009-04-01
text: 
Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms.
 
Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies.
 
Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act.
 
Considers affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013. 
 
Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment.
 
Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act; (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions; and (3) emitting mercury in excess of the emission limitations.
 
Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator.
 
Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury.
 
Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.


Legislative actions:
action_date: 2009-04-28
text: Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
action_date: 2009-04-06
text: Referred to the Subcommittee on Energy and Environment.
action_date: 2009-04-02
text: Referred to the Subcommittee on Energy and Environment.
action_date: 2009-04-01
text: Referred to House Agriculture
action_date: 2009-04-01
text: Referred to House Science and Technology
action_date: 2009-04-01
text: Referred to House Natural Resources
action_date: 2009-04-01
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Science and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-04-01
text: Referred to House Energy and Commerce
action_date: 2009-04-01
text: Introduced in House
action_date: 2009-04-01
text: Introduced in House