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42 U.S. Code § 7651h. Repowered sources
(a) AvailabilityNot later than December 31, 1997, the owner or operator of an existing unit subject to the emissions limitation requirements of section 7651d(b) and (c) of this title may demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology to comply with the requirements under section 7651d of this title. The owner or operator shall, as part of any such demonstration, provide, not later than January 1, 2000, satisfactory documentation of a preliminary design and engineering effort for such repowering and an executed and binding contract for the majority of the equipment to repower such unit and such other information as the Administrator may require by regulation. The replacement of an existing utility unit with a new utility unit using a repowering technology referred to in section 7651a(2) [1] of this title which is located at a different site, shall be treated as repowering of the existing unit for purposes of this subchapter, if—
(1)
the replacement unit is designated by the owner or operator to replace such existing unit, and
(2)
the existing unit is retired from service on or before the date on which the designated replacement unit enters commercial operation.