42 U.S.C. § 13573 — Generation projects

Page 8603 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13573 (Pub. L. 102–486, title XXX, § 3021, Oct. 24, 1992, 106 Stat. 3133; Pub. L. 105–135, title VI, § 604(g), Dec. 2, 1997, 111 Stat. 2634; Pub. L. 117–81, div. A, title XVII, § 1702(j)(6), Dec. 27, 2021, 135 Stat. 2159.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. Section 632(p) of title 15, referred to in subsec. (b)(3), was redesignated section 657a(b) of Title 15, Commerce and Trade, by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795. CODIFICATION In subsec. (a), ‘‘division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Ad- ministrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)’’ for ‘‘chapter 137 of title 10’’. 1997—Subsec. (a)(4). Pub. L. 105–135, § 604(g)(1), added par. (4). Subsec. (b)(3). Pub. L. 105–135, § 604(g)(2), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade. § 13557. Sense of Congress on risk assessments It is the sense of Congress that Federal agen- cies conducting assessments of risks to human health and the environment from energy tech- nology, production, transport, transmission, dis- tribution, storage, use, or conservation activi- ties shall use sound and objective scientific practices in assessing such risks, shall consider the best available science (including peer re- viewed studies), and shall include a description of the weight of the scientific evidence con- cerning such risks. (Pub. L. 102–486, title XXX, § 3022, as added Pub. L. 109–58, title XIV, § 1401, Aug. 8, 2005, 119 Stat. 1061.) SUBCHAPTER XIII—CLEAN AIR COAL PROGRAM § 13571. Purposes The purposes of this subchapter are to— (1) promote national energy policy and en- ergy security, diversity, and economic com- petitiveness benefits that result from the in- creased use of coal; (2) mitigate financial risks, reduce the cost of clean coal generation, and increase the mar- ketplace acceptance of clean coal generation and pollution control equipment and proc- esses; and (3) facilitate the environmental performance of clean coal generation. (Pub. L. 102–486, title XXXI, § 3101, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 757.) § 13572. Authorization of program (a) In general The Secretary shall carry out a program of fi- nancial assistance to— (1) facilitate the production and generation of coal-based power, through the deployment of clean coal electric generating equipment and processes that, compared to equipment or processes that are in operation on a full scale— (A) improve— (i) energy efficiency; or (ii) environmental performance con- sistent with relevant Federal and State clean air requirements, including those promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); and (B) are not yet cost competitive; and (2) facilitate the utilization of existing coal- based electricity generation plants through projects that— (A) deploy advanced air pollution control equipment and processes; and (B) are designed to voluntarily enhance en- vironmental performance above current ap- plicable obligations under the Clean Air Act and State implementation efforts pursuant to such Act. (b) Financial criteria As determined by the Secretary for a par- ticular project, financial assistance under this subchapter shall be in the form of— (1) cost-sharing of an appropriate percentage of the total project cost, not to exceed 50 per- cent as calculated under section 16352 of this title; or (2) financial assistance, including grants, co- operative agreements, or loans as authorized under this Act or other statutory authority of the Secretary. (Pub. L. 102–486, title XXXI, § 3102, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 757.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (a)(1)(A)(ii), (2)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. This Act, referred to in subsec. (b)(2), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the En- ergy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. § 13573. Generation projects (a) Eligible projects Projects supported under section 13572(a)(1) of this title may include— 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.