42 U.S.C. § 7651n — Clean coal technology regulatory incentives

(a) "Clean coal technology" defined: In this section, "clean coal technology" means any technology — used before, during, or after burning coal — at a new or existing facility that will significantly cut air emissions of sulfur dioxide or nitrogen oxides from using coal to make electricity, process steam, or industrial products, and that wasn't in widespread use as of November 15, 1990. (b) Revised regulations for clean coal technology demonstrations: (1) Applicability: This subsection covers physical or operational changes made only to install, run, stop, or remove a temporary or permanent clean coal technology demonstration project. A "demonstration project" here means one funded (up to a combined $2,500,000,000) under the "Department of Energy—Clean Coal Technology" appropriation, or a similar project funded through EPA appropriations. For a project to qualify, the federal government must pay at least 20 percent of its total cost. (2) Temporary projects: A temporary demonstration project that runs five years or less, and that follows the state's implementation plan and other rules needed to meet and keep national air quality standards during and after the project ends, does not have to meet the requirements of section 7411 or Part C or D of subchapter I. (3) Permanent projects: A permanent demonstration project that counts as "repowering" under section 7651a(l) does not have to meet section 7411's performance standards, or Part C's review and permitting rules, for any pollutant whose potential emissions won't increase because of the project. (4) EPA regulations: Within 12 months of November 15, 1990, EPA must issue regulations or interpretive rulings updating section 7411 and Parts C and D as needed to help these projects move forward. For Parts C and D, these rules apply everywhere EPA is the permitting authority; where a state is the permitting authority, that state can adopt and submit to EPA its own matching revisions to its implementation plan. (c) Exemption for reactivation of very clean units: A coal-fired utility unit that restarts commercial operation after a shutdown does not have to meet section 7411's requirements or Part C, if the unit meets all four conditions: (1) it had not operated for the two years before the Clean Air Act Amendments of 1990 (November 15, 1990) were enacted, and its emissions were still counted in the permitting authority's emissions inventory at that time; (2) before shutting down, it had continuous emission controls removing at least 85 percent of sulfur dioxide and at least 98 percent of particulates; (3) it has low-NOx burners installed by the time it restarts; and (4) it otherwise complies with this chapter.