--- kind: "section" citation: "42 U.S.C. § 7651n" title: "42" title_heading: "The Public Health and Welfare" number: "7651n" heading: "Clean coal technology regulatory incentives" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7651n" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter IV–A — Acid Deposition Control" --- # §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](/usc/42/13641.md?p=2). For the purposes of this section, a clean coal technology demonstration [project](/usc/42/13641.md?p=2) shall mean a [project](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=2) funded through appropriations for the Environmental Protection [Agency](/usc/42/8262.md?p=1). The Federal contribution for a qualifying [project](/usc/42/13641.md?p=2) shall be at least 20 percent of the total cost of the demonstration [project](/usc/42/13641.md?p=2). - (2) **Temporary projects—** Installation, operation, cessation, or removal of a temporary clean coal technology demonstration [project](/usc/42/13641.md?p=2) that is operated for a period of five years or less, and which complies with the [State](/usc/42/7651a.md?p=14) implementation plans for the [State](/usc/42/7651a.md?p=14) in which the [project](/usc/42/13641.md?p=2) is located and other requirements necessary to attain and maintain the national ambient air quality standards during and after the [project](/usc/42/13641.md?p=2) is terminated, shall not subject such facility to the requirements of [section 7411 of this title](/usc/42/7411.md) or part C or D of subchapter I. - (3) **Permanent projects—** For permanent clean coal technology demonstration [projects](/usc/42/13641.md?p=2) that constitute [repowering](/usc/42/7651a.md?p=12) as defined in [section 7651a(l)](/usc/42/7651a.md)[^1] of this title, any qualifying [project](/usc/42/13641.md?p=2) shall not be subject to standards of performance under [section 7411 of this title](/usc/42/7411.md) 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](/usc/42/13641.md?p=2). - (4) **EPA regulations—** Not later than 12 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations or interpretive rulings to revise requirements under [section 7411 of this title](/usc/42/7411.md) and parts C and D,[^2] as appropriate, to facilitate [projects](/usc/42/13641.md?p=2) 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](/usc/42/7651a.md?p=11). In those instances in which the [State](/usc/42/7651a.md?p=14) is the [permitting authority](/usc/42/7651a.md?p=11) under part C or D,[^2] any [State](/usc/42/7651a.md?p=14) may adopt and submit to the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7651a.md?p=17-A) after a period of discontinued operation shall not subject the [unit](/usc/42/7651a.md?p=15) to the requirements of [section 7411 of this title](/usc/42/7411.md) or part C of the Act[^2] where the [unit](/usc/42/7651a.md?p=15) (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](/usc/42/7651a.md?p=15) continue to be carried in the [permitting authority](/usc/42/7651a.md?p=11)’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. ## Footnotes [^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 credit (July 14, 1955, ch. 360, title IV, § 415, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2625.) ## Notes ### 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.