
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7651n]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651n. Clean coal technology regulatory incentives


(a) ``Clean coal technology'' defined

    For purposes of this section, ``clean coal technology'' means any 
technology, including technologies applied at the precombustion, 
combustion, or post combustion stage, at a new or existing facility 
which will achieve significant reductions in air emissions of sulfur 
dioxide or oxides of nitrogen associated with the utilization of coal in 
the generation of electricity, process steam, or industrial products, 
which is not in widespread use as of November 15, 1990.

(b) Revised regulations for clean coal technology demonstrations

                          (1) Applicability

        This subsection applies to physical or operational changes to 
    existing facilities for the sole purpose of installation, operation, 
    cessation, or removal of a temporary or permanent clean coal 
    technology demonstration project. For the purposes of this section, 
    a clean coal technology demonstration project shall mean a project 
    using funds appropriated under the heading ``Department of Energy--
    Clean Coal Technology'', up to a total amount of $2,500,000,000 for 
    commercial demonstration of clean coal technology, or similar 
    projects funded through appropriations for the Environmental 
    Protection Agency. The Federal contribution for a qualifying project 
    shall be at least 20 percent of the total cost of the demonstration 
    project.

                       (2) Temporary projects

        Installation, operation, cessation, or removal of a temporary 
    clean coal technology demonstration project that is operated for a 
    period of five years or less, and which complies with the State 
    implementation plans for the State in which the project is located 
    and other requirements necessary to attain and maintain the national 
    ambient air quality standards during and after the project is 
    terminated, shall not subject such facility to the requirements of 
    section 7411 of this title or part C or D of subchapter I of this 
    chapter.

                       (3) Permanent projects

        For permanent clean coal technology demonstration projects that 
    constitute repowering as defined in section 7651a(l) \1\ of this 
    title, any qualifying project shall not be subject to standards of 
    performance under section 7411 of this title or to the review and 
    permitting requirements of part C \2\ for any pollutant the 
    potential emissions of which will not increase as a result of the 
    demonstration project.
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    \1\ So in original. Probably should be section ``7651a(12)''.
    \2\ See References in Text note below.
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                         (4) EPA regulations

        Not later than 12 months after November 15, 1990, the 
    Administrator shall promulgate regulations or interpretive rulings 
    to revise requirements under section 7411 of this title and parts C 
    and D,\2\ as appropriate, to facilitate projects consistent in \3\ 
    this subsection. With respect to parts C and D,\2\ such regulations 
    or rulings shall apply to all areas in which EPA is the permitting 
    authority. In those instances in which the State is the permitting 
    authority under part C or D,\2\ any State may adopt and submit to 
    the Administrator for approval revisions to its implementation plan 
    to apply the regulations or rulings promulgated under this 
    subsection.
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    \3\ So in original. Probably should be ``with''.
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(c) Exemption for reactivation of very clean units

    Physical changes or changes in the method of operation associated 
with the commencement of commercial operations by a coal-fired utility 
unit after a period of discontinued operation shall not subject the unit 
to the requirements of section 7411 of this title or part C of the Act 
\2\ where the unit (1) has not been in operation for the two-year period 
prior to the enactment of the Clean Air Act Amendments of 1990 [November 
15, 1990], and the emissions from such unit continue to be carried in 
the permitting authority's emissions inventory at the time of enactment, 
(2) was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent, (3) is equipped with low-NO<INF>x</INF> burners 
prior to the time of commencement, and (4) is otherwise in compliance 
with the requirements of this chapter.

(July 14, 1955, ch. 360, title IV, Sec. 415, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)

                       References in Text

    Parts C and D and part C of the Act, referred to in subsecs. (b)(3), 
(4) and (c), probably mean parts C and D of subchapter I of this 
chapter.
