42 U.S.C. § 13331 — Coal research, development, demonstra-

Page 8551 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13331 1 So in original. Probably should be ‘‘sections’’. cept that in applying such provisions the cal- endar year 1993 shall be substituted for cal- endar year 1979. (f) Sunset No payment may be made under this section to any facility after September 30, 2026, and no payment may be made under this section to any facility after a payment has been made with re- spect to such facility for a 10-fiscal year period. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2026, to re- main available until expended. (Pub. L. 102–486, title XII, § 1212, Oct. 24, 1992, 106 Stat. 2969; Pub. L. 109–58, title II, § 202, Aug. 8, 2005, 119 Stat. 651; Pub. L. 116–260, div. Z, title III, § 3006(c), Dec. 27, 2020, 134 Stat. 2513.) Editorial Notes REFERENCES IN TEXT Section 29 of title 26, referred to in subsec. (e)(2), was renumbered section 45K of title 26 by Pub. L. 109–58, title XIII, § 1322(a)(1), Aug. 8, 2005, 119 Stat. 1011. AMENDMENTS 2020—Subsec. (a)(4)(A)(i). Pub. L. 116–260, § 3006(c)(1), substituted ‘‘marine energy (as defined in section 17211 of this title)’’ for ‘‘ocean (including tidal, wave, cur- rent, and thermal)’’. Subsec. (b). Pub. L. 116–260, § 3006(c)(2), in introduc- tory provisions, substituted ‘‘marine energy (as defined in section 17211 of this title)’’ for ‘‘ocean (including tidal, wave, current, and thermal)’’. Subsec. (e)(1). Pub. L. 116–260, § 3006(c)(3), substituted ‘‘marine energy (as defined in section 17211 of this title)’’ for ‘‘ocean (including tidal, wave, current, and thermal)’’. 2005—Subsec. (a). Pub. L. 109–58, § 202(a), designated first, second, and third sentences as pars. (1) to (3), re- spectively, in par. (3) struck out ‘‘and which satisfies such other requirements as the Secretary deems nec- essary’’ after ‘‘receive such payment’’, struck out at end ‘‘Such application shall be in such form, and shall be submitted at such time, as the Secretary shall es- tablish.’’, and added par. (4). Subsec. (b). Pub. L. 109–58, § 202(b), in introductory provisions, substituted ‘‘a not-for-profit electric coop- erative, a public utility described in section 115 of title 26, a State, Commonwealth, territory, or possession of the United States, or the District of Columbia, or a po- litical subdivision thereof, an Indian tribal government or subdivision thereof, or a Native Corporation (as de- fined in section 1602 of title 43),’’ for ‘‘a State or any political subdivision of a State (or an agency, author- ity, or instrumentality of a State or a political subdivi- sion), by any corporation or association which is whol- ly owned, directly or indirectly, by one or more of the foregoing, or by a nonprofit electrical cooperative’’ and inserted ‘‘landfill gas, livestock methane, ocean (in- cluding tidal, wave, current, and thermal),’’ after ‘‘wind, biomass,’’. Subsec. (c). Pub. L. 109–58, § 202(c), substituted ‘‘before October 1, 2016’’ for ‘‘during the 10-fiscal year period be- ginning with the first full fiscal year occurring after October 24, 1992’’. Subsec. (d). Pub. L. 109–58, § 202(d), inserted ‘‘, or in which the Secretary determines that all necessary Fed- eral and State authorizations have been obtained to begin construction of the facility’’ after ‘‘eligible for such payments’’. Subsec. (e)(1). Pub. L. 109–58, § 202(e), inserted ‘‘land- fill gas, livestock methane, ocean (including tidal, wave, current, and thermal),’’ after ‘‘wind, biomass,’’. Subsec. (f). Pub. L. 109–58, § 202(f), substituted ‘‘Sep- tember 30, 2026’’ for ‘‘the expiration of the 20-fiscal year period beginning with the first full fiscal year occur- ring after October 24, 1992’’. Subsec. (g). Pub. L. 109–58, § 202(g), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: ‘‘There are authorized to be ap- propriated to the Secretary for fiscal years 1993, 1994, and 1995 such sums as may be necessary to carry out the purposes of this section.’’ SUBCHAPTER VI—COAL PART A—RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION § 13331. Coal research, development, demonstra- tion, and commercial application programs (a) Establishment The Secretary shall, in accordance with sec- tion 1 13541 and 13542 of this title, conduct pro- grams for research, development, demonstra- tion, and commercial application on coal-based technologies. Such research, development, dem- onstration, and commercial application pro- grams shall include the programs established under this part, and shall have the goals and ob- jectives of— (1) ensuring a reliable electricity supply; (2) complying with applicable environmental requirements; (3) achieving the control of sulfur oxides, ox- ides of nitrogen, air toxics, solid and liquid wastes, greenhouse gases, or other emissions resulting from coal use or conversion at levels of proficiency greater than or equal to applica- ble currently available commercial tech- nology; (4) achieving the cost competitive conver- sion of coal into energy forms usable in the transportation sector; (5) demonstrating the conversion of coal to synthetic gaseous, liquid, and solid fuels; (6) demonstrating, in cooperation with other Federal and State agencies, the use of coal-de- rived fuels in mobile equipment, with opportu- nities for industrial cost sharing participa- tion; (7) ensuring the timely commercial applica- tion of cost-effective technologies or energy production processes or systems utilizing coal which achieve— (A) greater efficiency in the conversion of coal to useful energy when compared to cur- rently available commercial technology for the use of coal; and (B) the control of emissions from the utili- zation of coal; and (8) ensuring the availability for commercial use of such technologies by the year 2010. (b) Demonstration and commercial application programs (1) In selecting either a demonstration project or a commercial application project for finan- cial assistance under this part, the Secretary shall seek to ensure that, relative to otherwise comparable commercially available technologies or products, the selected project will meet one or more of the following criteria: Page 8552 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13331 (A) It will reduce environmental emissions to an extent greater than required by applica- ble provisions of law. (B) It will increase the overall efficiency of the utilization of coal, including energy con- version efficiency and, where applicable, pro- duction of products derived from coal. (C) It will be a more cost-effective techno- logical alternative, based on life cycle capital and operating costs per unit of energy pro- duced and, where applicable, costs per unit of product produced. Priority in selection shall be given to those projects which, in the judgment of the Sec- retary, best meet one or more of these criteria. (2) In administering demonstration and com- mercial application programs authorized by this part, the Secretary shall establish accounting and project management controls that will be adequate to control costs. (3)(A) Not later than 180 days after October 24, 1992, the Secretary shall establish procedures and criteria for the recoupment of the Federal share of each cost shared demonstration and commercial application project authorized pur- suant to this part. Such recoupment shall occur within a reasonable period of time following the date of completion of such project, but not later than 20 years following such date, taking into account the effect of recoupment on— (i) the commercial competitiveness of the entity carrying out the project; (ii) the profitability of the project; and (iii) the commercial viability of the coal- based technology utilized. (B) The Secretary may at any time waive or defer all or some portion of the recoupment re- quirement as necessary for the commercial via- bility of the project. (4) Projects selected by the Secretary under this part for demonstration or commercial ap- plication of a technology shall, in the judgment of the Secretary, be capable of enhancing the state of the art for such technology. (c) Report Within 240 days after October 24, 1992, the Sec- retary shall transmit to the Committee on En- ergy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on En- ergy and Natural Resources of the Senate a re- port which shall include each of the following: (1) A detailed description of ongoing re- search, development, demonstration, and com- mercial application activities regarding coal- based technologies undertaken by the Depart- ment of Energy, other Federal or State gov- ernment departments or agencies and, to the extent such information is publicly available, other public or private organizations in the United States and other countries. (2) A listing and analysis of current Federal and State government regulatory and finan- cial incentives that could further the goals of the programs established under this part. (3) Recommendations regarding the manner in which any ongoing coal-based demonstra- tion and commercial application program might be modified and extended in order to en- sure the timely demonstrations of advanced coal-based technologies so as to ensure that the goals established under this section are achieved and that such demonstrated tech- nologies are available for commercial use by the year 2010. (4) Recommendations, if any, regarding the manner in which the cost sharing demonstra- tions conducted pursuant to the Clean Coal Program established by Public Law 98–473 might be modified and extended in order to en- sure the timely demonstration of advanced coal-based technologies. (5) A detailed plan for conducting the re- search, development, demonstration, and com- mercial application programs to achieve the goals and objectives of subsection (a) of this section, which plan shall include a description of— (A) the program elements and manage- ment structure to be utilized; (B) the technical milestones to be achieved with respect to each of the advanced coal- based technologies included in the plan; and (C) the dates at which further deadlines for additional cost sharing demonstrations shall be established. (d) Status reports Within one year after transmittal of the re- port described in subsection (c), and every 2 years thereafter for a period of 6 years, the Sec- retary shall transmit to the Congress a report that provides a detailed description of the status of development of the advanced coal-based tech- nologies and the research, development, dem- onstration, and commercial application activi- ties undertaken to carry out the programs re- quired by this part. (e) Consultation In carrying out research, development, dem- onstration, and commercial application activi- ties under this part, the Secretary shall consult with the National Coal Council and other rep- resentatives of the public and private sectors as the Secretary considers appropriate. (Pub. L. 102–486, title XIII, § 1301, Oct. 24, 1992, 106 Stat. 2970.) Editorial Notes REFERENCES IN TEXT Public Law 98–473, referred to in subsec. (c)(4), is Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 1837. For complete clas- sification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Page 8553 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13335 § 13332. Coal-fired diesel engines The Secretary shall conduct a program of re- search, development, demonstration, and com- mercial application for utilizing coal-derived liquid or gaseous fuels, including ultra-clean coal-water slurries, in diesel engines. The pro- gram shall address— (1) required engine retrofit technology; (2) coal-fuel production technology; (3) emission control requirements; (4) the testing of low-Btu highly reactive fuels; (5) fuel delivery and storage systems require- ments; and (6) other infrastructure required to support commercial deployment. (Pub. L. 102–486, title XIII, § 1302, Oct. 24, 1992, 106 Stat. 2972.) § 13333. Clean coal, waste-to-energy The Secretary shall establish a program of re- search, development, demonstration, and com- mercial application with respect to the use of solid waste combined with coal as a fuel source for clean coal combustion technologies. The pro- gram shall address— (1) the feasibility of cofiring coal and used vehicle tires in fluidized bed combustion units; (2) the combined gasification of coal and mu- nicipal sludge using integrated gasification combined cycle technology; (3) the creation of fuel pellets combining coal and material reclaimed from solid waste; (4) the feasibility of cofiring, in fluidized bed combustion units, waste methane from coal mines, including ventilation air, together with coal or coal wastes; and (5) other sources of waste and coal mixtures in other applications that the Secretary con- siders appropriate. (Pub. L. 102–486, title XIII, § 1303, Oct. 24, 1992, 106 Stat. 2972.) § 13334. Nonfuel use of coal (a) Program The Secretary shall prepare a plan for and carry out a program of research, development, demonstration, and commercial application with respect to technologies for the nonfuel use of coal, including— (1) production of coke and other carbon products derived from coal; (2) production of coal-derived, carbon-based chemical intermediates that are precursors of value-added chemicals and polymers; (3) production of chemicals from coal-de- rived synthesis gas; (4) coal treatment processes, including methodologies such as solvent-extraction techniques that produce low ash, low sulfur, coal-based chemical feedstocks; and (5) waste utilization, including recovery, processing, and marketing of products derived from sulfur, carbon dioxide, nitrogen, and ash from coal. (b) Plan contents The plan described in subsection (a) shall ad- dress and evaluate— (1) the known and potential processes for using coal in the creation of products in the chemical, utility, fuel, and carbon-based mate- rials industries; (2) the costs, benefits, and economic feasi- bility of using coal products in the chemical and materials industries, including value- added chemicals, carbon-based products, coke, and waste derived from coal; (3) the economics of coproduction of prod- ucts from coal in conjunction with the produc- tion of electric power, thermal energy, and fuel; (4) the economics of the refining of coal and coal byproducts to produce nonfuel products; (5) the economics of coal utilization in com- parison with other feedstocks that might be used for the same purposes; (6) the steps that can be taken by the public and private sectors to bring about commer- cialization of technologies developed under the program recommended; and (7) the past development, current status, and future potential of coal products and processes associated with nonfuel uses of coal. (Pub. L. 102–486, title XIII, § 1304, Oct. 24, 1992, 106 Stat. 2973.) § 13335. Coal refinery program (a) Program The Secretary shall conduct a program of re- search, development, demonstration, and com- mercial application for coal refining tech- nologies. (b) Objectives The program shall include technologies for re- fining high sulfur coals, low sulfur coals, sub-bi- tuminous coals, and lignites to produce clean- burning transportation fuels, compliance boiler fuels, fuel additives, lubricants, chemical feed- stocks, and carbon-based manufactured prod- ucts, either alone or in conjunction with the generation of electricity or process heat, or the manufacture of a variety of products from coal. The objectives of such program shall be to achieve— (1) the timely commercial application of technologies, including mild gasification, hydrocracking and other hydropyrolysis proc- esses, and other energy production processes or systems to produce coal-derived fuels and coproducts, which achieve greater efficiency and economy in the conversion of coal to elec- trical energy and coproducts than currently available technology; (2) the production of energy, fuels, and prod- ucts which, on a complete energy system basis, will result in environmental emissions no greater than those produced by existing comparable energy systems utilized for the same purpose; (3) the capability to produce a range of coal- derived transportation fuels, including oxygenated hydrocarbons, boiler fuels, turbine fuels, and coproducts, which can reduce de- pendence on imported oil by displacing con- ventional petroleum in the transportation sec- tor and other sectors of the economy; (4) reduction in the cost of producing such coal-derived fuels and coproducts;