Sec. 3104. AIR QUALITY ENHANCEMENT PROGRAM
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/statute-compilations/comps-8931/sec-3104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 3104 AIR QUALITY ENHANCEMENT PROGRAM ###
(a)Eligible Projects Projects supported under section 3102(a)(2) 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 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501); 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)Priority in Project Selection In making an award under section 3102(a)(2), 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)Authorization of Appropriations There are authorized to be appropriated to the Secretary to carry out section 3102(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. ####
(7)Petitions by interested parties #####
(A)In this paragraph, the term “**interested party**” means any person (including an entity) that the Secretary determines has demonstrated with substantial evidence that an interest of the person has sustained, or will sustain, an adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe in effect under paragraph (2). ###
(d)Applicability No technology, or level of emission reduction under subsection (a)(2) shall be treated as adequately demonstrated for purpose of Section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) 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 3102(a)(2). **[**[42 U.S.C. 13574](/us/usc/t42/s13574)**]** * * * * * * *
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