Title 42The Public Health and WelfareRelease 119-73

§7651n Clean coal technology regulatory incentives

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER IV–A— - ACID DEPOSITION CONTROL › § 7651n

Last updated Apr 6, 2026|Official source

Summary

Lets certain coal demonstration projects change how a plant looks or runs without triggering some Clean Air Act requirements. If an existing plant makes changes only to install, run, stop, or remove a clean coal technology demonstration project, the project can be exempt from the rules in section 7411 and parts C and D so long as it follows the State implementation plan and keeps air quality standards. Temporary projects that run five years or less and meet those plans are not covered by those rules. Permanent projects that repower a unit are also not covered for any pollutant whose emissions do not increase. The federal government will pay at least 20% of qualifying demo projects and such projects include up to $2,500,000,000 in DOE “Clean Coal Technology” funding or similar EPA-funded projects. The EPA had to issue rules within 12 months after November 15, 1990. Restarting a coal unit that was shut down for two years before November 15, 1990 is treated the same if it already had strong pollution controls (85% SO2 removal, 98% particulate removal), has low-NOx burners, and otherwise meets the law. Definitions: clean coal technology — a method used before, during, or after burning coal that greatly cuts SO2 or NOx and was not widely used by November 15, 1990. clean coal technology demonstration project — a project paid under the DOE “Clean Coal Technology” account or similar EPA funding to show the technology works in commercial use.

Full Legal Text

Title 42, §7651n

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7651n

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73