Nitrogen

Clean Power Plant and Modernization Act of 1998

United States · United States Congress · 15 October 1998

Clean Power Plant and Modernization Act of 1998 - Requires fossil fuel-fired generating units (units) that commence operation on or before ten years after this Act's enactment date to achieve and maintain a combustion heat rate efficiency of at least 45 percent (based on the higher heating value of the fuel). Sets such percentage at 50 percent for units commencing operation more than ten years after such date, unless granted a waiver. Authorizes units that commence operation more than ten years after this Act's enactment to apply to the Administrator of the Environmental Protection Agency for waivers of the heat rate efficiency standard. Grants such a waiver only if the unit owner or operator: (1) demonstrates that the technology to meet such standard is not commercially available; (2) demonstrates that, despite best technical efforts and willingness to make the financial commitment, the standard is not achievable; and (3) enters into an agreement with the Administrator to offset by a factor of 1.5 to 1, the emission reductions that the unit does not achieve because of the failure to achieve such standard. Requires units receiving waivers to achieve the 45 percent standard. (Sec. 5) Requires units, not later than ten years after this Act's enactment and regardless of the date of construction or commencement of operation, to operate in compliance with new source review requirements under the Clean Air Act (the Act). Establishes specified emission limitations for mercury, carbon dioxide, sulfur dioxide, and nitrogen oxides from units based on the respective efficiency standards. Requires units to obtain permits under the Act that require compliance with such standards and limitations. Directs the Administrator to promulgate fuel sampling and emission monitoring techniques for use by units in calculating mercury emission reductions. Provides for the submission of pollutant-specific reports by owners or operators. Makes facility-specific emission data available to the public. Requires the Administrator to promulgate regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that hazards are not transferred from one environmental medium to another and that there is no release of mercury into the environment. (Sec. 6) Amends the Internal Revenue Code to provide for accelerated depreciation and cost recovery for certain investor-owned units. (Sec. 7) Provides for annual grants for capital expenditures for new publicly owned units in compliance with this Act in amounts equal to the depreciation deduction that would be realized by similarly-situated investor-owned units over the applicable time period. (Sec. 8) Establishes the Clean Air Trust Fund in the Treasury. Appropriates carbon dioxide emission taxes (established by this Act) to the Fund. Authorizes appropriations to the Fund for additional expenditures resulting from activities under this Act. (Sec. 9) Imposes a tax of $50 per ton of carbon dioxide emitted by units with a generating capacity of five or more megawatts. Phases in such tax gradually from 2003 through 2009. (Sec. 10) Makes certain facilities that use solar power to produce electricity eligible for the renewable energy tax credit. (Sec. 11) Expresses the sense of the Congress with respect to crediting permanent reductions in carbon dioxide and nitrogen oxides emissions in future climate change implementation programs. (Sec. 12) Directs the Secretary of Energy to fund research and development programs and commercial demonstration projects and partnerships to demonstrate the commercial viability and environmental benefits of electric power generation from biomass, geothermal, solar, and wind technologies. Authorizes appropriations. (Sec. 13) Requires the Secretary to report to the Congress on the implementation of this Act and on provisions of certain energy statutes that conflict with this Act. Provides for recommendations from the Secretary, the Chairman of the Federal Energy Regulatory Commission, and the Administrator for legislative or administrative measures to harmonize and streamline such statutes. (Sec. 14) Authorizes appropriations for: (1) assistance to coal industry workers terminated from employment, and to communities adversely affected, as a result of reduced coal consumption by the electric power generation industry; and (2) development of a carbon sequestration strategy to offset growth in U.S. carbon dioxide emissions and for carrying out methods of biologically sequestering carbon dioxide.

COMMON POSITION (EC) No 57/98 adopted by the Council on 24 September 1998 with a view to adoption of Council Directive 98/.../EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

European Union · Council of the European Union · 24 September 1998

Comprehensive Electricity Competition Act

United States · United States Congress · 10 July 1998

TABLE OF CONTENTS: Title I: Retail Electric Service Title II: Facilitating State and Regional Regulation Title III: Public Benefits Title IV: Regulation of Mergers and Corporate Structure Title V: Electric Reliability Comprehensive Electricity Competition Act - Title I: Retail Electric Service - Amends the Public Utilities Regulatory Policies Act of 1978 (PURPA) to set a specified date by which each electric energy distribution facility is required to offer consumers open access to its facilities for electric energy sales (retail competition requirement). (Sec. 101) Authorizes a State regulatory authority to direct a distribution utility not to implement the retail competition requirement if it finds that implementation would have a negative impact upon a class of customers that cannot be reasonably mitigated. Authorizes a nonregulated distribution utility on its own to make the same determination. Requires a State regulatory authority that conducts a public proceeding before a distribution utility implements retail competition to consider recovery of stranded retail costs by such utility if the utility has taken reasonable steps to mitigate such costs. Authorizes any person to bring an action for noncompliance with this Act in State court against either a State regulatory authority, distribution utility, or a nonregulated distribution utility. (Sec. 102) Authorizes a State regulatory authority to prohibit any other distribution utility (and affiliate) located in the United States over which it does not have ratemaking authority from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility (reciprocity requirements). Grants the same authority to a nonregulated distribution utility. (Sec. 103) Prescribes guidelines for consumer information disclosure by an electric utility and attendant enforcement by State and Federal agencies. Title II: Facilitating State and Regional Regulation - Amends the Federal Power Act (FPA) to declare it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over unbundled transmission in interstate commerce. (Sec. 201) Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities. Prescribes guidelines for FERC's exercise of jurisdiction over rates, terms, and conditions for transmission services provided by a non-public transmitting utility. (Sec. 202) Grants the consent of the Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations. (Sec. 203) Cites circumstances under which: (1) a State regulatory authority and specified distribution utilities may receive backup authority from FERC to impose a charge upon an ultimate consumer's receipt of electric energy; (2) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities; and (3) order a transmitting utility to relinquish to such entity operating control over its transmission facilities. Title III: Public Benefits - Amends PURPA to establish a Federal- State Joint Board Public Benefits Fund upon petition of States and tribal governments wishing to participate in a Federal program providing: (1) affordable electricity service to low-income customers; (2) implementation of energy conservation, efficiency, and management measures; (3) consumer education; and (4) development of emerging electricity generation technologies. Prescribes implementation guidelines, including mandatory payment of a public benefits charge to a transmitting utility by each owner of an electric generating facility whose capacity exceeds one megawatt. (Sec. 302) Sets a deadline by which a retail electric supplier shall submit to the Secretary of Energy (Secretary) Renewable Energy Credits equal to the required annual percentage (determined by the Secretary) of total electric energy sold by such supplier to electric consumers in the calendar year. Prescribes implementation guidelines. (Sec. 303) Requires each retail electric supplier to make available upon request net metering service to any retail electric consumer served or solicited by the supplier. Requires a distribution utility to permit the interconnection to its distribution system of an on-site generating facility if such facility meets Federal safety and power quality standards. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. (Sec. 304) Declares that an electric utility shall no longer be required to enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. Title IV: Regulation of Mergers and Corporate Structure - Repeals the Public Utility Holding Company Act of 1935. (Sec. 401) Public Utility Holding Company Act of 1998 - Prescribes procedural guidelines for both FERC and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the Government of the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines. (Sec. 402) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction. (Sec. 403) Requires FERC to order a public utility to submit a remedial action plan to remedy market power if: (1) FERC determines that there are markets in which a utility that owns or controls generation facilities has market power in electric energy sales for resale in interstate commerce; or (2), pursuant to State request for such an order, FERC determines that a generation facility-owning or - controlling electric utility has market power in retail electric energy sales in that State. Prescribes procedural guidelines. Title V: Electric Reliability - Grants FERC jurisdiction over the electric reliability organization, all system operators, and all users of the bulk-power system for purposes of approving and enforcing compliance with standards in the United States. Authorizes FERC to register an electric reliability organization and to approve and oversee its activities. (Sec. 501) Requires a bulk-power system user to comply with standards established by the North American Electric Reliability Council and regional reliability councils. Prescribes implementation guidelines for registration and establishment of standards for such organization. Authorizes the United States to enter into international agreements with the governments of Canada and Mexico to effectuate compliance. Requires every system operator to be a member of the electric reliability organization. Empowers such electric reliability organization to take disciplinary and enforcement action. Directs such organization to assess periodically the reliability and adequacy of the inter-connected bulk-power system in North America, and to report its findings and recommendations annually to FERC. (Sec. 502) Declares that any reliability standard developed by the reliability organization, and any actions taken in good faith to comply with a reliability standard under the FPA, are rebuttably presumed just and reasonable and not unduly discriminatory or preferential for purposes of that Act. Creates a rebuttable presumption of compliance with Federal anti- trust laws for activities conducted by the electric reliability organization or a member under the FPA. Title VI: Environmental Protection - Instructs the Administrator of the Environmental Protection Agency, in specified circumstances, to establish and administer an oxide of nitrogen (NOx) allowance cap and trade program in all States in which an NOx emission source is located. Prescribes program implementation guidelines. Title VII: Other Regulatory Provisions - Amends Federal bankruptcy law to: (1) grant priority status to obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission (NRC) regulations or orders governing the decontamination and decommissioning of licensed nuclear power reactors; and (2) prohibit discharge of such obligations and claims under State or Federal bankruptcy law. (Sec. 702) Amends the Department of Energy Organization Act to instruct the Administrator of the Energy Information Administration to collect and publish information regarding the impact of wholesale and retail competition upon the electric power industry. (Sec. 704) Eliminates the mandate for antitrust review by the NRC with respect to license applications to construct or operate a commercial utilization or production facility.

Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead

European Union · European Commission · 8 July 1998

Clean Air Common Sense Act

United States · United States Congress · 24 June 1998

Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authority to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits: (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking. Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements. Amends the Clean Air Act, with respect to provisions regarding reclassification of an ozone nonattainment area upon failure to attain standards, to extend the deadline by which the Administrator is required to determine whether an area attained a standard by the applicable attainment date to two years (currently, six months) following such date.

14 Mr. Dukes asked the Minister for the Environment and Local Government his immediate and long-term policies for dealing with the high levels of sulphur dioxide, nitrogen oxide, particulate matter and lead in Dublin and Cork, as a consequence of increased traffic levels; the response the Minister of State, Deputy Wallace, gave at the EU Council meeting in Brussels on 23 March 1998; when this matter was discussed; and if he will make a statement on the matter. [10460/98]

Ireland · Dáil Éireann · 6 May 1998

14 Mr. Dukes asked the Minister for the Environment and Local Government his immediate and long-term policies for dealing with the high levels of sulphur dioxide, nitrogen oxide, particulate matter and lead in Dublin and Cork, as a consequence of increased traffic levels; the response the Minister of State, Deputy Wallace, gave at the EU Council meeting in Brussels on 23 March 1998; when this matter was discussed; and if he will make a statement on the matter. [10460/98]

Clean Air Common Sense Act

United States · United States Congress · 1 April 1998

Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authorities to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits: (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking. Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements.

Revised Ozone and Particulate Matter Standards Implementation Act of 1998

United States · United States Congress · 19 March 1998

Revised Ozone and Particulate Matter Standards Implementation Act of 1998 - Amends the Clean Air Act to provide that all requirements of such Act regarding the implementation of a revised national ambient air quality standard (NAAQS) shall apply to the eight-hour ozone and revised particulate matter (PM) standards, except as specified in this Act. Defines the "eight-hour ozone standard" as the NAAQS (primary and secondary) for ozone as revised on July 18, 1997. Makes existing additional provisions relating to ozone nonattainment areas inapplicable to areas that have attained air quality meeting the one-hour ozone standard. Defines the "one-hour ozone standard" as the NAAQS (primary) for ozone existing prior to July 18, 1997. Provides that States shall not be required to prepare maintenance plans for areas that have attained such standard. Directs the Administrator of the Environmental Protection Agency to authorize States to establish cap and trade programs to control regional transport of oxides of nitrogen under which a regional limitation is set on pollutant emissions and sources are allowed to trade emissions credits to achieve required reductions. Authorizes States that establish such programs by December 31, 1999, to extend the term of air pollution control permits by up to two years. Provides for a transitional classification for areas attaining the one-hour standard by December 31, 1999, but not attaining the eight-hour standard, subject to certain State implementation plan (SIP) submissions. Sets forth additional requirements for areas ineligible for transitional classification and allows such areas, after December 31, 2000, to petition to be subject to the eight-hour standard in lieu of the one-hour standard. Authorizes the Administrator to exempt transitional areas from specific ozone requirements on a case by case basis. Continues the application of the existing PM-10 NAAQS (primary) to areas that have not attained such standard as of July 18, 1997. Makes the new PM standards inapplicable until the Administrator completes a rulemaking for the existing standard relating to backsliding. Applies the new standards to States that submit approved SIPs for the attainment and maintenance of such standards. Provides for the establishment of: (1) a comprehensive monitoring network to determine ambient fine particle concentrations across the country; and (2) a nationally consistent monitoring network to measure and analyze PM-2.5. Requires the Administrator to fund 100 percent of the costs of purchasing and installing monitors. Authorizes States which complete deployment by June 30, 1999, to extend the length of air pollution control permits by up to one year. Requires the Administrator to request the National Academy of Sciences to: (1) review the new PM-2.5 standard, recommend research to reduce scientific uncertainties regarding the standard, and identify the most cost-effective means of achieving it; and (2) recommend, by June 30, 2002, whether to revise such standard. Directs the Administrator, by June 30, 1999, to designate all areas of the country as unclassifiable for PM-2.5. Establishes additional deadlines for the designation of PM-2.5 nonattainment areas by State Governors and the Administrator and for the submission of SIPs. (Sec. 3) Requires the Administrator to permit SIPs for nonattainment areas to reward sources of any air pollutant for which a national standard is in effect if such a source makes, and reports consistent achievement of, significant reductions in emissions of such pollutant below the benchmarks set by SIPs. Encourages States to design market-based strategies for attaining standards that focus on obtaining low cost reductions for all sources. Requires the Administrator to revise the rules relating to new source review and conformity so that States may comply with such rules with only minor revisions to SIPs for transitional ozone areas. (Sec. 4) Directs the Administrator to carry out certain requirements with respect to research on PM and tropospheric ozone. (Sec. 5) Authorizes appropriations.

Limitation of the emission of oxides of nitrogen from civil subsonic jet aeroplanes (proposal for a directive)

European Union · European Parliament · 20 February 1998