42 U.S. Code § 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.


[1]  So in original. Probably should be section “7651a(12)”.

[2]  See References in Text note below.

[3]  So in original. Probably should be “with”.

Source

(July 14, 1955, ch. 360, title IV, § 415, as added Pub. L. 101–549, title IV, § 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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


18 CFR - Conservation of Power and Water Resources

18 CFR Part 101 - UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR PUBLIC UTILITIES AND LICENSEES SUBJECT TO THE PROVISIONS OF THE FEDERAL POWER ACT

18 CFR Part 201 - UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR NATURAL GAS COMPANIES SUBJECT TO THE PROVISIONS OF THE NATURAL GAS ACT

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 6 - PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA ACTIONS

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

40 CFR Part 62 - APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

40 CFR Part 74 - SULFUR DIOXIDE OPT-INS

40 CFR Part 75 - CONTINUOUS EMISSION MONITORING

40 CFR Part 76 - ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM

40 CFR Part 78 - APPEAL PROCEDURES

40 CFR Part 81 - DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

40 CFR Part 85 - CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

40 CFR Part 86 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

40 CFR Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 90 - CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

40 CFR Part 91 - CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

40 CFR Part 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

40 CFR Part 93 - DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

40 CFR Part 94 - CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

40 CFR Part 96 - NO X BUDGET TRADING PROGRAM AND CAIR NO X AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 1027 - FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

40 CFR Part 1036 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

40 CFR Part 1037 - CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

40 CFR Part 1039 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 1045 - CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

40 CFR Part 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

40 CFR Part 1051 - CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

40 CFR Part 1054 - CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

40 CFR Part 1060 - CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

40 CFR Part 1065 - ENGINE-TESTING PROCEDURES

40 CFR Part 1066 - VEHICLE-TESTING PROCEDURES

40 CFR Part 1068 - GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

40 CFR Part 1074 - PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

 

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