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42 U.S.C. § 15963 — Project criteria

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42 U.S.C. § 15963 — Project criteria

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Source file: Laws/federal/codes/united-states-code/title-42/section-15963-project-criteria--4a1c5b2825.md
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Source location: Title 42, Chapter 149, § 15963; chapter-149-national-energy-policy-and-programs.md

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**(a) In general** To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005. **(b) Technical criteria for clean coal power initiative** (1) **Gasification projects** (A) *In general* — In allocating the funds made available under [section 15961(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15961/a&num=0&edition=prelim), the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including— (i) gasification combined cycle; (ii) gasification fuel cells and turbine combined cycle; (iii) gasification coproduction; (iv) hybrid gasification and combustion; and (v) other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide. (B) *Technical milestones* (i) *Periodic determination* (I) *In general* — The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve. (II) *Prescriptive milestones* — The technical milestones shall become more prescriptive during the period of the clean coal power initiative. (ii) *2020 goals* — The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able— (I) (aa) to remove at least 99 percent of sulfur dioxide; or (bb) to emit not more than 0.04 pound SO2 per million Btu, based on a 30-day average; (II) to emit not more than .05 lbs of NOx per million Btu; (III) to achieve at least 95 percent reductions in mercury emissions; and (IV) to achieve a thermal efficiency of at least— (aa) 50 percent for coal of more than 9,000 Btu; (bb) 48 percent for coal of 7,000 to 9,000 Btu; and (cc) 46 percent for coal of less than 7,000 Btu. (2) **Other projects** (A) *Allocation of funds* — The Secretary shall ensure that up to 30 percent of the funds made available under [section 15961(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15961/a&num=0&edition=prelim) are used to fund projects other than those described in paragraph (1). (B) *Technical milestones* (i) *Periodic determination* (I) *In general* — The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve. (II) *Prescriptive milestones* — The technical milestones shall become more prescriptive during the period of the clean coal power initiative. (ii) *2020 goals* — The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able— (I) to remove at least 97 percent of sulfur dioxide; (II) to emit no more than .08 lbs of NOx per million Btu; (III) to achieve at least 90 percent reductions in mercury emissions; and (IV) to achieve a thermal efficiency of at least— (aa) 43 percent for coal of more than 9,000 Btu; (bb) 41 percent for coal of 7,000 to 9,000 Btu; and (cc) 39 percent for coal of less than 7,000 Btu. (3) **Consultation** — Before setting the technical milestones under paragraphs (1)(B) and (2)(B), the Secretary shall consult with— (A) the Administrator of the Environmental Protection Agency; and (B) interested entities, including— (i) coal producers; (ii) industries using coal; (iii) organizations that promote coal or advanced coal technologies; (iv) environmental organizations; (v) organizations representing workers; and (vi) organizations representing consumers. (4) **Existing units** — In the case of projects at units in existence on August 8, 2005, in lieu of the thermal efficiency requirements described in paragraphs (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed to achieve an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than— (A) 7 percent for coal of more than 9,000 Btu; (B) 6 percent for coal of 7,000 to 9,000 Btu; or (C) 4 percent for coal of less than 7,000 Btu. (5) **Administration** (A) *Elevation of site* — In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed. (B) *Applicability of milestones* — In applying the thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in calculating the thermal efficiency. (C) *Permitted uses* — In carrying out this section, the Secretary may give priority to projects that include, as part of the project— (i) the separation or capture of carbon dioxide; or (ii) the reduction of the demand for natural gas if deployed. **(c) Financial criteria** The Secretary shall not provide financial assistance under this part for a project unless the recipient documents to the satisfaction of the Secretary that— (1) the recipient is financially responsible; (2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. **(d) Financial assistance** The Secretary shall provide financial assistance to projects that, as determined by the Secretary— (1) meet the requirements of subsections (a), (b), and (c); and (2) are likely— (A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks; (B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and (C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of August 8, 2005. **(e) Cost-sharing** In carrying out this part, the Secretary shall require cost sharing in accordance with [section 16352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16352&num=0&edition=prelim). **(f) Scheduled completion of selected projects** (1) **In general** — In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate. (2) **Condition of financial assistance** — The Secretary shall require as a condition of receipt of any financial assistance under this part that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1). (3) **Extension of time period** (A) *In general* — Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator. (B) *Limitation* — The Secretary shall not extend a time period under subparagraph (A) by more than 4 years. **(g) Fee title** The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this part in any entity, including the United States. **(h) Data protection** For a period not exceeding 5 years after completion of the operations phase of a cooperative agreement, the Secretary may provide appropriate protections (including exemptions from subchapter II of chapter 5 of title 5) against the dissemination of information that— (1) results from demonstration activities carried out under the clean coal power initiative program; and (2) would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a clean coal power initiative project. **(i) Applicability** No technology, or level of emission reduction, solely by reason of the use of the technology, or the achievement of the emission reduction, by 1 or more facilities receiving assistance under this Act, shall be considered to be— (1) adequately demonstrated for purposes of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim); (2) 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 (3) 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).

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

2 U.S.C. § 1824 — Energy and environmental measures in Capitol Complex Master Plan

**(a) In general** To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan. **(b) Report** Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).

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

42 U.S.C. § 15801 — National Laboratory Jobs ACCESS Program

**(a) In general** On or after the date that is 180 days after December 20, 2019, the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b). **(b) Pre-apprenticeship and apprenticeship programs described** A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that— (1) leads to recognized postsecondary credentials for secondary school and postsecondary students; (2) is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration; (3) is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration; (4) is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and (5) ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees. **(c) Eligible entities described** An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that— (1) demonstrates experience in implementing and providing career planning and career pathways

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15801

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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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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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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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42 U.S.C. § 16352 — Science and Technology Scholarship Program

**(a) In general** The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories. **(b) Service requirement** The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.

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42 U.S.C. § 15963 — Report

Page 8754 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15963 (2) achievable for purposes of section 7479 of this title; or (3) achievable in practice for purposes of sec- tion 7501 of this title. (Pub. L. 109–58, title IV, § 402, Aug. 8, 2005, 119 Stat. 750; Pub. L. 110–140, title VI, § 653, Dec. 19, 2007, 121 Stat. 1695.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (i), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 15801 of this title and Tables. AMENDMENTS 2007—Subsec. (b)(1)(B)(ii)(I). Pub. L. 110–140 added subcl. (I) and struck out former subcl. (I) which read as follows: ‘‘to remove at least 99 percent of sulfur diox- ide;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 15963. Report Not later than 1 year after August 8, 2005, and once every 2 years thereafter through 2014, the Secretary, in consultation with other appro- priate Federal agencies, shall submit to Con- gress a report describing— (1) the technical milestones set forth in sec- tion 15962 of this title and how those mile- stones ensure progress toward meeting the re- quirements of subsections (b)(1)(B) and (b)(2) of section 15962 of this title; and (2) the status of projects funded under this part. (Pub. L. 109–58, title IV, § 403, Aug. 8, 2005, 119 Stat. 753.) § 15964. Clean coa

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