Title 42The Public Health and WelfareRelease 119-73not60

§13574 Air Quality Enhancement Program

Title 42 › Chapter 134— ENERGY POLICY › Subchapter XIII— CLEAN AIR COAL PROGRAM › § 13574

Last updated Apr 5, 2026|Official source

Summary

Projects funded under this air quality program must use either technologies that meet the applicable Federal and State clean air rules (and are shown to work for the purposes of sections 7411, 7479, or 7501) or equipment and processes that go beyond those rules by giving better efficiency or cleaner performance. The Secretary must give priority to projects that are likely to make big air quality improvements in areas not meeting standards or that greatly cut criteria pollutants and mercury; to projects that control more than one pollutant; and to projects that let facilities use waste or other byproducts. The law authorizes $300,000,000 for fiscal year 2007, $100,000,000 for 2008, $40,000,000 for 2009, $30,000,000 for 2010, and $30,000,000 for 2011. Using a technology or getting emission cuts in a funded project does not by itself mean that the technology is “adequately demonstrated” for the purposes of sections 7411, 7479, or 7501.

Full Legal Text

Title 42, §13574

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

(a)Projects supported under section 13572(a)(2) of this title shall—
(1)utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of section 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title; or
(2)utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance.
(b)In making an award under section 13572(a)(2) of this title, the Secretary shall give priority to—
(1)projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions;
(2)projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and
(3)projects designed to allow the use of the waste byproducts or other byproducts of the equipment.
(c)There are authorized to be appropriated to the Secretary to carry out section 13572(a)(2) of this title—
(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)No technology, or level of emission reduction under subsection (a)(2) shall be treated as adequately demonstrated for purpose of section 11 So in original. Probably should be “purposes of section”. 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under section 13572(a)(2) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13574

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60