existing facilities
(D) Subsidy for adaptation of existing facilities to new environmental requirements (i) In general A subsidy that is provided to promote the adaptation of existing facilities to new environmental requirements that are imposed by statute or by regulation, and that result in greater constraints and financial burdens on the recipient of the subsidy, shall be treated as noncountervailable, if the subsidy— (I) is a one-time nonrecurring measure, (II) is limited to 20 percent of the cost of adaptation, (III) does not cover the cost of replacing and operating the subsidized investment, a cost that must be fully borne by the recipient, (IV) is directly linked and proportionate to the recipient’s planned reduction of nuisances and pollution, and does not cover any manufacturing cost savings that may be achieved, and (V) is available to all persons that can adopt the new equipment or production processes. (ii) Existing facilities For purposes of this subparagraph, the term “existing facilities” means facilities that have been in operation for at least 2 years before the date on which the new environmental requirements are imposed.