republic-os/legal/us/code/title-42/chapter-85/section-7651n.md

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LegalText	42 U.S.C. § 7651n	Clean coal technology regulatory incentives	us	united_states_code	code_section	42	THE PUBLIC HEALTH AND WELFARE	85	AIR POLLUTION PREVENTION AND CONTROL	7651n	42 U.S.C. § 7651n	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip	/us/usc/t42/s7651n	data/legal/raw/us/code/title-42/usc42.xml	fd5b8d664c3a5e514cd4de14778676173910ac246cdecfb1aa2c28a5ebac6384	644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e	23a8686295ab32f76edddbff9518b14cdabf808b8478d8b44d58fea10da9605c	2026-07-04	official	legal us-code

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

Text

(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.

(3) Permanent projects For permanent clean coal technology demonstration projects that constitute repowering as defined in section 7651a(l) 11 So in original. Probably should be section “7651a(12)”. 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 22 See References in Text note below. 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 33 So in original. Probably should be “with”. 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.

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

Notes

Editorial Notes

References in TextParts 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.