42 U.S.C. § 7651n : US Code - Section 7651N: Clean coal technology regulatory incentives

Search 42 U.S.C. § 7651n : US Code - Section 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.
(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.
(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-NOx burners
prior to the time of commencement, and (4) is otherwise in
compliance with the requirements of this chapter.