---
kind: "section"
citation: "42 U.S.C. § 13574"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13574"
heading: "Air quality enhancement program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13574"
units:
  - "Chapter 134 — Energy Policy"
  - "Subchapter XIII — Clean Air Coal Program"
---

# §13574. Air quality enhancement program

- (a) **Eligible projects—** [Projects](/usc/42/13641.md?p=2) supported under [section 13572(a)(2) of this title](/usc/42/13572.md?p=a-2) shall—
  - (1) utilize technologies that meet relevant Federal and [State](/usc/42/2021b.md?p=14) clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of [section 7411 of this title](/usc/42/7411.md), achievable for purposes of [section 7479 of this title](/usc/42/7479.md), or achievable in practice for purposes of [section 7501 of this title](/usc/42/7501.md); or
  - (2) utilize equipment or processes that exceed relevant Federal or [State](/usc/42/2021b.md?p=14) clean air requirements applicable to the unit or facilities included in the [projects](/usc/42/13641.md?p=2) by achieving greater efficiency or environmental performance.
- (b) **Priority in project selection—** In making an award under [section 13572(a)(2) of this title](/usc/42/13572.md?p=a-2), the [Secretary](/usc/42/242q–4.md?p=2) shall give priority to—
  - (1) [projects](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=2) for pollution control that result in the mitigation or collection of more than 1 pollutant; and
  - (3) [projects](/usc/42/13641.md?p=2) designed to allow the use of the waste byproducts or other byproducts of the equipment.
- (c) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/42/242q–4.md?p=2) to carry out [section 13572(a)(2) of this title](/usc/42/13572.md?p=a-2)—
  - (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) **Applicability—** No technology, or level of emission reduction under [subsection (a)(2)](#a-2) shall be treated as adequately demonstrated for purpose of Section[^1] [7411](/usc/42/7411.md) of this title, achievable for purposes of [section 7479 of this title](/usc/42/7479.md), or achievable in practice for purposes of [section 7501 of this title](/usc/42/7501.md) 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](/usc/42/13572.md?p=a-2).

## Footnotes

[^1]: So in original. Probably should be “purposes of section”.

## Source credit

(Pub. L. 102–486, title XXXI, § 3104, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 759.)