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) 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 calcu- lating the thermal efficiency under this para- graph; 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 val- ues; (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 calcu- lating the thermal efficiency under this para- graph. (c) Program balance and priority In carrying out the program under section 13572(a)(1) of this title, the Secretary shall en- sure, 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 elec- trical 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— (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 1 of section 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities re- ceiving assistance under section 13572(a)(1) of this title. (Pub. L. 102–486, title XXXI, § 3103, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 758.) § 13574. Air quality enhancement program (a) Eligible projects Projects supported under section 13572(a)(2) of this title shall— (1) utilize technologies that meet relevant Federal and State clean air requirements ap- plicable to the unit or facility, including being adequately demonstrated for purposes of sec- tion 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title; or (2) utilize equipment or processes that ex- ceed relevant Federal or State clean air re- quirements 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 13572(a)(2) of this title, 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 substan- tially reduce the emission level of criteria pol- lutants 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. Page 8605 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13603 1 So in original. Probably should be ‘‘purposes of section’’. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out section 13572(a)(2) of this title— (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. (d) Applicability No technology, or level of emission reduction under subsection (a)(2) shall be treated as ade- quately demonstrated for purpose of Section 1 7411 of this title, achievable for purposes of sec- tion 7479 of this title, or achievable in practice for purposes of section 7501 of this title solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under sec- tion 13572(a)(2) of this title. (Pub. L. 102–486, title XXXI, § 3104, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 759.) CHAPTER 135—RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING SUBCHAPTER I—STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY ASSISTED HOUSING Sec. 13601. Compliance by owners as condition of Federal assistance. 13602. Compliance with criteria for occupancy as re- quirement for tenancy. 13603. Establishment of criteria for occupancy. 13604. Assisted applications. SUBCHAPTER II—AUTHORITY TO PROVIDE PREF- ERENCES FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8 ASSISTED HOUSING 13611. Authority. 13612. Reservation of units for disabled families. 13613. Secondary preferences. 13614. General availability of units. 13615. Preference within groups. 13616. Prohibition of evictions. 13617. Treatment of covered section 8 housing not subject to elderly preference. 13618. Treatment of other federally assisted hous- ing. 13619. ‘‘Covered section 8 housing’’ defined. 13620. Study. SUBCHAPTER III—SERVICE COORDINATORS FOR ELDERLY AND DISABLED RESIDENTS OF FED- ERALLY ASSISTED HOUSING 13631. Requirement to provide service coordinators. 13632. Grants for costs of providing service coordi- nators in certain federally assisted housing. SUBCHAPTER IV—GENERAL PROVISIONS 13641. Definitions. 13642. Applicability. 13643. Regulations. SUBCHAPTER V—SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING 13661. Screening of applicants for federally assisted housing. Sec. 13662. Termination of tenancy and assistance for il- legal drug users and alcohol abusers in fed- erally assisted housing. 13663. Ineligibility of dangerous sex offenders for ad- mission to public housing. 13664. Definitions. SUBCHAPTER I—STANDARDS AND OBLIGA- TIONS OF RESIDENCY IN FEDERALLY AS- SISTED HOUSING § 13601. Compliance by owners as condition of Federal assistance The Secretary of Housing and Urban Develop- ment shall require owners of federally assisted housing (as such term is defined in section 13641(2) of this title), as a condition of receiving housing assistance for such housing, to comply with the procedures and requirements estab- lished under this subchapter. (Pub. L. 102–550, title VI, § 641, Oct. 28, 1992, 106 Stat. 3820.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Chapter applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title. § 13602. Compliance with criteria for occupancy as requirement for tenancy In selecting tenants for occupancy of units in federally assisted housing, an owner of such housing shall utilize the criteria for occupancy in federally assisted housing established by the Secretary, by regulation, under section 13603 of this title. If an owner determines that an appli- cant for occupancy in the housing does not meet such criteria, the owner may deny such appli- cant occupancy. (Pub. L. 102–550, title VI, § 642, Oct. 28, 1992, 106 Stat. 3821.) § 13603. Establishment of criteria for occupancy (a) Task force (1) Establishment To assist the Secretary in establishing rea- sonable criteria for occupancy in federally as- sisted housing, the Secretary shall establish a task force to review all rules, policy state- ments, handbooks, technical assistance memo- randa, and other relevant documents issued by the Department of Housing and Urban Devel- opment on the standards and obligations gov- erning residency in federally assisted housing and make recommendations to the Secretary for the establishment of such criteria for occu- pancy. (2) Members The Secretary shall appoint members to the task force, which shall include individuals rep- resenting the interests of owners, managers, and tenants of federally assisted housing, pub- lic housing agencies, owner and tenant advo- cacy organizations, persons with disabilities and disabled families, organizations assisting homeless individuals, and social service, men-