42 U.S.C. § 13574 — Air quality enhancement program

(a) Eligible projects: Projects supported under section 13572(a)(2) must either (1) use technologies that meet relevant federal and state clean-air requirements for their unit or facility — including being "adequately demonstrated," "achievable," or "achievable in practice" under the relevant Clean Air Act sections — or (2) use equipment or processes that exceed those requirements by achieving greater efficiency or environmental performance. (b) Priority in project selection: When awarding grants under section 13572(a)(2), the Secretary must prioritize (1) projects likely to significantly improve air quality in non-attainment areas or substantially cut emissions of criteria pollutants and mercury; (2) pollution-control projects that reduce or capture more than one pollutant; and (3) projects designed to let facilities use waste byproducts or other byproducts from the equipment. (c) Authorization of appropriations: Congress authorized, for carrying out section 13572(a)(2): (1) $300,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; (3) $40,000,000 for fiscal year 2009; (4) $30,000,000 for fiscal year 2010; and (5) $30,000,000 for fiscal year 2011. (d) Applicability: No technology or emission-reduction level under subsection (a)(2) counts as "adequately demonstrated," "achievable," or "achievable in practice" under the relevant Clean Air Act sections just because a project funded under section 13572(a)(2) used it or achieved it.