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42 U.S.C. § 13574 — Generation projects

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13574 — Generation projects

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Stable record: federal_law:legal_authorities:record_usc_0dc9d708410035b8cfa40a64
Source file: Laws/federal/codes/united-states-code/title-42/section-13574-generation-projects--c6d1f76d41.md
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Source location: Title 42, Chapter 134, § 13574; chapter-134-energy-policy.md

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**(a) Eligible projects** Projects supported under [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim) may include— (1) equipment or processes previously supported by a Department of Energy program; (2) advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially contribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and (3) hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units. **(b) Criteria** The Secretary shall establish criteria for the selection of generation projects under [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim). The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include— (1) prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas; (2) prioritization of projects whose installation is likely to result in lower emission rates of pollution; (3) prioritization of projects that result in the repowering or replacement of older, less efficient units; (4) documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity generation; (5) equipment and processes beginning in 2006 through 2011 that are projected to achieve a thermal efficiency of— (A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 38 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and (C) 36 percent for coal of less than 7,000 Btu per pound based on higher heating values; except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and (6) equipment and processes beginning in 2012 and 2013 that are projected to achieve a thermal efficiency of— (A) 45 percent for coal of more than 9,000 Btu per pound based on higher heating values; (B) 44 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and (C) 40 percent for coal of less than 7,000 Btu per pound based on higher heating values; except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph. **(c) Program balance and priority** In carrying out the program under [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim), the Secretary shall ensure, to the extent practicable, that— (1) between 25 percent and 75 percent of the projects supported are for the sole purpose of electrical generation; and (2) priority is given to projects that use electrical generation equipment and processes that have been developed and demonstrated and applied in actual production of electricity, but are not yet cost-competitive, and that achieve greater efficiency and environmental performance. **(d) Authorization of appropriations** There are authorized to be appropriated to the Secretary to carry out [section 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim)— (1) $250,000,000 for fiscal year 2007; (2) $350,000,000 for fiscal year 2008; (3) $400,000,000 for each of fiscal years 2009 through 2012; and (4) $300,000,000 for fiscal year 2013. **(e) Applicability** No technology, or level of emission reduction, shall be treated as adequately demonstrated for purpose 11 So in original. Probably should be “purposes”. of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim) 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 13572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/1&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7411 — Standards of performance for new stationary sources

**(a) Definitions** For purposes of this section: (1) The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. (2) The term “new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. (3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines. (4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (6) The term “existing source” means any stationary source other than a new source. (7) The term “technological system of continuous emission reduction” means— (A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7411

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7501 — Definitions

For the purpose of this part— (1) **Reasonable further progress.—** — The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) **Nonattainment area.—** — The term “nonattainment area” means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim). (3) The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance. (4) The terms “modifications” and “modified” mean the same as the term “modification” as used in [section 7411(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a/4&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7501

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7479 — Definitions

For purposes of this part— (1) The term “major emitting facility” means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any air pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities. Such term also includes any other source with the potential to emit two hundred and fifty tons per year or more of any air pollutant. This term shall not include new or modified facilities which are nonprofit health or education institutions which have been exempted by the State. (2) (A) The term “commenced” as applied to construction of a major emitting facility means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Fed

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7479

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13574 — Air quality enhancement program

Page 8604 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13574 1 So in original. Probably should be ‘‘purposes’’. (1) equipment or processes previously sup- ported by a Department of Energy program; (2) advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially con- tribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and (3) hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units. (b) Criteria The Secretary shall establish criteria for the selection of generation projects under section 13572(a)(1) of this title. The Secretary may mod- ify the criteria as appropriate to reflect im- provements in equipment, except that the cri- teria shall not be modified to be less stringent. The selection criteria shall include— (1) prioritization of projects whose installa- tion is likely to result in significant air qual- ity improvements in nonattainment air qual- ity areas; (2) prioritization of projects whose installa- tion is likely to result in lower emission rates of pollution; (3) prioritization of projects that result in the repowering or replacement of older, less efficient units; (4) documented broad interest in the pro- curement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity genera- tion; (5) equipment and processes beginning in 2006 through 2011 that are projected to achieve a thermal efficiency of— (A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating val- ues; (B)

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 13574

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