§7651n Clean Coal Technology Regulatory Incentives

Summary

Allows certain clean coal demonstration projects and some restarted coal units to avoid some Clean Air Act performance and permit rules, as long as pollution does not increase and other conditions are met. Temporary demonstration projects run five years or less and that follow the State plans and national air-quality standards are not subject to the Act’s new-source performance standards or certain permitting programs. Permanent demonstration projects that repower a unit are also exempt from those performance standards and permitting reviews for any pollutant whose potential emissions do not go up. The Environmental Protection Agency must write rules within 12 months after November 15, 1990, to make these changes work, and States can choose to adopt matching changes where they run the permitting program. Definitions and a restart exemption in one line each: clean coal technology — new or existing methods at any combustion stage that cut sulfur dioxide or nitrogen oxide emissions from coal and were not widely used on November 15, 1990. clean coal technology demonstration project — a project using up to $2,500,000,000 in DOE “Clean Coal Technology” funds (or similar EPA funds) with at least 20% federal funding. Restart exemption — a coal unit that was off for the two years before November 15, 1990, kept in the emissions inventory, had prior controls removing at least 85% of SO2 and 98% of particulates, is fitted with low-NOx burners at restart, and otherwise meets the law, may restart without triggering the listed performance or permitting rules.