Page:United States Statutes at Large Volume 104 Part 4.djvu/310

 104 STAT. 2626 PUBLIC LAW 101-549—NOV. 15, 1990 Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. "(2) TEMPORARY PROJECTS.— 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 111 orpartCorDoftitleI. "(3) PERMANENT PROJECTS. —For permanent clean coal technology demonstration projects that constitute repowering as defined in section 402(1) of this title, any qualifying project shall not be subject to standards of performance under section 111 or to the review and permitting requirements of part C for any pollutant the potential emissions of which will not increase as a result of the demonstration project. "(4) EPA REGULATIONS. —Not later than 12 months after the date of enactment, the Administrator shall promulgate regulations or interpretive rulings to revise requirements under section 111 and parts C and D, as appropriate, to facilitate projects consistent in this subsection. With respect to parts C and D, 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, 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) 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 after a period of discontinued operation shall not subject the unit to the requirements of section 111 or part C of the Act 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, 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-NO, burners prior to the time of commencement, and (4) is otherwise in compliance with the requirements of this Act. 42 USC 7651o. "SEC. 416. CONTINGENCY GUARANTEE; AUCTIONS, RESERVE. "(a) DEFINITIONS.— For purposes of this section— "(1) The term 'independent power producer' means any person who owns or operates, in whole or in part, one or more new independent power production facilities. "(2) The term 'new independent power production facility' means a facility that— "(A) is used for the generation of electric energy, 80 percent or more of which is sold at wholesale; "(B) is nonrecourse project-financed (as such term is defined by the Secretary of Energy within 3 months of the

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