text: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Acid Rain and 
  Mercury Control Act''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title and table of contents.
  Sec. 2. Findings and purposes.
  Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from 
                              powerplants.
  Sec. 4. Mercury emission reductions.
  Sec. 5. Effect on other law.
  Sec. 6. Protecting sensitive regional ecosystems.
  Sec. 7. Authorization of appropriations.
  Sec. 8. Modernization.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress finds that--
              (1) reductions of atmospheric sulfur dioxide and nitrogen 
          oxide from utility plants, in addition to the reductions 
          required under the Clean Air Act (42 U.S.C. 7401 et seq.), are 
          needed to reduce acid deposition and its serious adverse 
          effects on public health, natural resources, building 
          structures, sensitive ecosystems, and visibility;
              (2) sulfur dioxide and nitrogen oxide contribute to the 
          development of fine particulates, suspected of causing human 
          mortality and morbidity to a significant extent;
              (3) regional nitrogen oxide reductions of 75 percent in the 
          Eastern United States, in addition to the reductions required 
          under the Clean Air Act, may be necessary to protect sensitive 
          watersheds from the effects of nitrogen deposition;
              (4) since the Clean Air Act Amendments of 1990 were 
          enacted, some acidic lakes in the Adirondacks in the State of 
          New York have started to slowly show chemical recovery from 
          acid rain, demonstrating that sulfur dioxide and nitrogen oxide 
          regulations can be implemented in a cost-effective manner, but 
          the recovery is progressing at a slower rate than originally 
          intended;
              (5) nitrogen oxide is highly mobile and can lead to ozone 
          formation hundreds of miles from the emitting source;
              (6) on March 10, 2005, the Environmental Protection Agency 
          (EPA) issued the Clean Air Interstate Rule (CAIR) to require 
          additional reductions in sulfur dioxide and nitrogen oxide in 
          28 Eastern States and the District of Columbia;
              (7) these reductions represent approximately a 70 percent 
          reduction in sulfur dioxide and a 60 percent reduction in 
          nitrogen oxide in the affected States;
              (8) on July 11, 2008, the United States Court of Appeals 
          for the District of Columbia Circuit vacated CAIR and on 
          December 23, 2008, the same court remanded the rule back to the 
          EPA without vacature;
              (9) fossil fuel-fired electric generating units emit 
          approximately \1/3\ of the total mercury emissions in the 
          United States;
              (10) mercury is considered a neurotoxin which can 
          bioaccumulate as it moves its way up the food chain and is 
          especially harmful to young children and developing fetuses;
              (11) according to the EPA, there were 3,080 fish advisories 
          for mercury in 2006; there are over 90 fish advisories for 
          mercury in New York alone, with blanket warning for the 
          Adirondack and Catskill Mountains;
              (12) on March 15, 2005, EPA issued the Clean Air Mercury 
          Rule (CAMR), which for the first time sought to regulate 
          mercury emissions from power plants, but used a less 
          restrictive cap-and-trade approach for this very harmful 
          substance and would take a full decade to implement;
              (13) on February 8, 2008, the United States Court of 
          Appeals for the District of Columbia Circuit vacated CAMR; and
              (14) on February 23, 2009, the Supreme Court denied a 
          request to reconsider the decision.
      (b) Purposes.--The purposes of this Act are--
              (1) to recognize the current scientific understanding that 
          emissions of sulfur dioxide and nitrogen oxide, and the acid 
          deposition resulting from emissions of sulfur dioxide and 
          nitrogen oxide, present a substantial human health and 
          environmental risk;
              (2) to require reductions in sulfur dioxide and nitrogen 
          oxide emissions;
              (3) to support the efforts of existing acid rain and 
          mercury monitoring programs located throughout the country;
              (4) to reduce utility emissions of nitrogen oxide by 75 
          percent from 1997 levels;
              (5) to reduce utility emissions of sulfur dioxide by 75 
          percent after the implementation of phase II sulfur dioxide 
          requirements under section 405 of the Clean Air Act (42 U.S.C. 
          7651d); and
              (6) to adopt a strict standard for mercury emissions by 
          power plants of 0.6 pounds per trillion Btu without allowing 
          for a cap-and-trade system.
  
  SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM 
                POWERPLANTS.
  
      Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is 
  amended by adding at the end the following:
  
  ``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS 
                FROM POWERPLANTS.
  
      ``(a) Emission Reduction Objectives.--The emission reduction 
  objectives of this section are to reduce, not later than January 1, 
  2012--
              ``(1) aggregate sulfur dioxide emissions from powerplants 
          by 75 percent from the levels allowed under full implementation 
          of the Phase II sulfur dioxide requirements under title IV 
          (relating to acid deposition control); and
              ``(2) aggregate nitrogen oxide emissions from powerplants 
          by 75 percent from 1997 levels.
      ``(b) Agency Action.--
              ``(1) Regulations.--
                      ``(A) In general.--Not later than 2 years after the 
                  date of enactment of this section, the Administrator 
                  shall promulgate regulations to achieve the emission 
                  reduction objectives specified in subsection (a).
                      ``(B) Elements.--The regulations promulgated under 
                  subparagraph (A)--
                              ``(i) shall achieve the objectives in a 
                          manner that the Administrator determines will 
                          allocate required emission reductions 
                          equitably, taking into account emission 
                          reductions achieved before the date of 
                          enactment of this section and other relevant 
                          factors;
                              ``(ii) may include market-oriented 
                          mechanisms (such as emissions trading based on 
                          generation performance standards, auctions, or 
                          other allocation methods);
                              ``(iii) shall prevent localized adverse 
                          effects on public health and the environment 
                          and ensure that significant emission reductions 
                          are achieved in both the Eastern and Western 
                          regions of the United States; and
                              ``(iv) shall include, consistent with 
                          achieving the objectives set forth in 
                          subsection (a), incentives for renewable 
                          energy.
              ``(2) Interagency coordination to minimize costs and 
          maximize gains.--To minimize the economic costs and maximize 
          the economic gains of achieving the emission reduction 
          objectives specified in subsection (a), the Administrator shall 
          coordinate with other departments and agencies of Federal and 
          State government to increase energy efficiency, to increase the 
          use of renewable energy, and to implement cost saving advanced 
          demand and supply side policies, such as those described in the 
          report prepared by the Interlaboratory Working Group of the 
          Department of Energy entitled `Scenarios for a Clean Energy 
          Future', dated November 2000.
      ``(c) Additional Reductions.--The regulations promulgated under 
  subsection (b) may require additional reductions in emissions from 
  powerplants if the Administrator determines that the emission levels 
  necessary to achieve the emission reduction objectives specified in 
  subsection (a) are not reasonably anticipated to protect public health 
  or welfare.
      ``(d) Modernization of Outdated Powerplants.--
              ``(1) In general.--On the later of the date that is 30 
          years after a powerplant commenced operation or the date that 
          is 5 years after the date of enactment of this section, it 
          shall comply with--
                      ``(A) the most recent new source performance 
                  standards promulgated under section 111; and
                      ``(B) the requirements under parts C and D that are 
                  applicable to modified sources.
              ``(2) Additional requirements.--The requirements of this 
          subsection shall be in addition to the requirements of the 
          regulations promulgated under subsection (b).
      ``(e) Other Requirements.--The requirements of this section shall 
  be in addition to, and not in lieu of, any other requirement of this 
  Act.
      ``(f) Definition.--In this section, the term `powerplant' means an 
  electric generation facility with a nameplate capacity of 25 megawatts 
  or more that uses a combustion device to generate electricity for 
  sale.''.
  
  SEC. 4. MERCURY EMISSION REDUCTIONS.
  
      The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at 
  the end the following:
  
                      ``TITLE VII--MERCURY REDUCTIONS
  
  ``Sec. 701. Definitions.
  ``Sec. 702. Mercury reduction program.
  ``Sec. 703. Prohibitions.
  
  ``SEC. 701. DEFINITIONS.
  
      ``In this title:
              ``(1) Affected unit.--The term `affected unit' means a 
          coal-fired electric generating facility (including a 
          cogeneration facility) that--
                      ``(A) has a nameplate capacity greater than 25 
                  megawatts; and
                      ``(B) generates electricity for sale.
              ``(2) Cogeneration facility.--The term `cogeneration 
          facility' means a facility that--
                      ``(A) cogenerates--
                              ``(i) steam; and
                              ``(ii) electricity; and
                      ``(B) supplies, on a net annual basis, to any 
                  utility power distribution system for sale--
                              ``(i) more than \1/3\ of the potential 
                          electric output capacity of the facility; and
                              ``(ii) more than 25 megawatts of electrical 
                          output of the facility.
  
  ``SEC. 702. MERCURY REDUCTION PROGRAM.
  
      ``(a) New Unit Requirement.--Any affected unit that commences 
  operation after December 31, 2010, shall be considered a new unit for 
  the purposes of this section and shall not exceed the emission limit of 
  0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement 
  of operation.
      ``(b) Existing Unit Requirement.--Any affected unit that commences 
  operation on or before December 31, 2010, shall not exceed the emission 
  limit of 0.6 pounds mercury per trillion Btu by January 1, 2013.
      ``(c) Monitoring System.--Not later than January 1, 2011, the 
  Administrator shall promulgate regulations requiring operation, 
  reporting and certification of continuous emissions monitoring systems 
  (CEMS) to accurately measure the quantity of mercury that is emitted 
  from each affected unit.
      ``(d) Excess Emissions.--
              ``(1) In general.--The owner or operator of an affected 
          unit that emits mercury in excess of the emission limitation 
          described in subsections (b) and (c) shall pay an excess 
          emissions penalty determined under paragraph (2).
              ``(2) Determination of excess emissions penalty.--The 
          excess emissions penalty shall be an amount equal to $10,000 
          for each ounce of mercury emitted in excess of the emission 
          limitations for mercury described in subsections (b) and (c).
      ``(e) Prevention of Mercury Re-Release.--Not later than January 1, 
  2011, the Administrator shall promulgate regulations to ensure that any 
  mercury captured or recovered by emission controls installed at an 
  affected unit is not re-released into the environment.
  
  ``SEC. 703. PROHIBITIONS.
  
      ``It shall be unlawful--
              ``(1) for the owner or operator of any electricity 
          generating facility--
                      ``(A) to operate the electricity generating 
                  facility in noncompliance with the requirements of this 
                  title (including any regulations implementing this 
                  title);
                      ``(B) to fail to submit by the required date any 
                  emission allowances, or pay any penalty, for which the 
                  owner or operator is liable;
                      ``(C) to fail to provide and comply with any plan 
                  to offset excess emissions; or
                      ``(D) to emit mercury in excess of the emission 
                  limitations established under section 702; or
              ``(2) for any person to hold, use, or transfer any emission 
          allowance allocated under this title except in accordance with 
          regulations promulgated by the Administrator.''.
  
  SEC. 5. EFFECT ON OTHER LAW.
  
      Nothing in this Act--
              (1) affects the ability of a State to take State actions to 
          further limit sulfur dioxide, nitrogen oxide, or mercury; and
              (2) except as expressly provided in this Act--
                      (A) modifies or otherwise affects any requirement 
                  of this Act in effect on the day before the date of 
                  enactment of this Act; or
                      (B) relieves any person of the responsibility to 
                  comply with this Act.
  
  SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.
  
      (a) Report.--
              (1) In general.--Not later than December 31, 2012, the 
          Administrator shall submit to Congress a report identifying 
          objectives for scientifically credible environmental 
          indicators, as determined by the Administrator of the 
          Environmental Protection Agency, that are sufficient to protect 
          and restore sensitive ecosystems of the Adirondack Mountains, 
          mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains, 
          and Southern Blue Ridge Mountains and water bodies of the Great 
          Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay 
          and other sensitive ecosystems, as determined by the 
          Administrator.
              (2) Updated report.--Not later than December 31, 2021, the 
          Administrator shall submit to Congress a report updating the 
          report under paragraph (1) and assessing the status and trends 
          of various environmental objectives and indicators for the 
          sensitive regional ecosystems referred to in paragraph (1).
              (3) Reports under the national acid precipitation 
          assessment program.--The reports under this subsection shall be 
          subject to the requirements applicable to a report under 
          section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 
          7403(j)(3)(E)).
      (b) Regulations.--
              (1) Determination.--Not later than December 31, 2019, the 
          Administrator shall determine whether emission reductions under 
          title VII of the Clean Air Act are sufficient to ensure 
          achievement of the objectives stated in subsection (a)(1).
              (2) Promulgation.--If the Administrator determines under 
          paragraph (1) that emission reductions under title VII of the 
          Clean Air Act are not sufficient to ensure achievement of the 
          objectives identified in subsection (a)(1), the Administrator 
          shall promulgate, not later than 2 years after making the 
          finding, such regulations, including modification of sulfur 
          dioxide and nitrogen oxide allowance allocations or any such 
          measure, as the Administrator determines are necessary to 
          protect the sensitive ecosystems described in subsection 
          (a)(1).
  
  SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  
      In addition to amounts made available under any other law, there 
  are authorized to be appropriated for each of fiscal years 2010 through 
  2020--
              (1) for operational support of the National Atmospheric 
          Deposition Program National Trends Network--
                      (A) $2,000,000 to the United States Geological 
                  Survey;
                      (B) $600,000 to the Environmental Protection 
                  Agency;
                      (C) $600,000 to the National Park Service; and
                      (D) $400,000 to the Forest Service;
              (2) for operational support of the National Atmospheric 
          Deposition Program Mercury Deposition Network--
                      (A) $400,000 to the Environmental Protection 
                  Agency;
                      (B) $400,000 to the United States Geological 
                  Survey;
                      (C) $100,000 to the National Oceanic and 
                  Atmospheric Administration; and
                      (D) $100,000 to the National Park Service;
              (3) for the National Atmospheric Deposition Program 
          Atmospheric Integrated Research Monitoring Network $1,500,000 
          to the National Oceanic and Atmospheric Administration;
              (4) for the Clean Air Status and Trends Network $5,000,000 
          to the Environmental Protection Agency; and
              (5) for the Temporally Integrated Monitoring of Ecosystems 
          and Long-Term Monitoring Program $2,500,000 to the 
          Environmental Protection Agency.
  
  SEC. 8. MODERNIZATION.
  
      (a) Authorization of Appropriations.--In addition to amounts made 
  available under any other law, there are authorized to be 
  appropriated--
              (1) for equipment and site modernization of the National 
          Atmospheric Deposition Program National Trends Network 
          $6,000,000 to the Environmental Protection Agency;
              (2) for equipment and site modernization and network 
          expansion of the National Atmospheric Deposition Program 
          Mercury Deposition Network $2,000,000 to the Environmental 
          Protection Agency;
              (3) for equipment and site modernization and network 
          expansion of the National Atmospheric Deposition Program 
          Atmospheric Integrated Research Monitoring Network $1,000,000 
          to the National Oceanic and Atmospheric Administration; and
              (4) for equipment and site modernization and network 
          expansion of the Clean Air Status and Trends Network $4,600,000 
          to the Environmental Protection Agency.
      (b) Availability of Amounts.--Each of the amounts appropriated 
  under subsection (a) shall remain available until expended.
target: 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.
feat_title: To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and mercury emissions, and for other purposes.