42 U.S.C. § 6341 — Definitions

Page 6786 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6327 (f) Technical assistance On request of the Governor of a State, the Sec- retary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan. (g) Requirement Each State receiving Federal financial assist- ance under this part shall provide reasonable as- surance to the Secretary that the State has es- tablished policies and procedures designed to as- sure that the financial assistance will be used— (1) to supplement, and not to supplant, State and local funds; and (2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the ab- sence of the Federal financial assistance, for the implementation of a State energy security plan. (h) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical se- curity or cybersecurity of any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5; and (2) shall not be made available by any Fed- eral agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (i) Sunset The requirements of this section shall expire on October 31, 2025. (Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94–385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 117–58, div. D, title I, § 40108(a)(2)–(4), Nov. 15, 2021, 135 Stat. 941, 942.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, § 40108(a)(4), amended section generally. Prior to amendment, section defined terms used in this part. Pub. L. 117–58, § 40108(a)(3), redesignated pars. (1) to (8) as pars. (1) to (8) of section 6321(c) of this title. Pub. L. 117–58, § 40108(a)(2)(B), inserted headings in pars. (1) to (8). Par. (3)(B)(i). Pub. L. 117–58, § 40108(a)(2)(A), sub- stituted ‘‘; and’’ for ‘‘approved under section 6327 of this title, and’’. Pars. (6), (7). Pub. L. 117–58, § 40108(a)(2)(C), redesig- nated pars. (6) and (7) as (7) and (6), respectively, and rearranged pars. in numerical order. 1990—Par. (4). Pub. L. 101–440 substituted ‘‘building, building system, energy consuming device associated with the building, or industrial’’ for ‘‘building or indus- trial’’, ‘‘May 1, 1989’’ for ‘‘August 14, 1976’’, and ‘‘main- tain or improve the efficiency’’ for ‘‘improve the effi- ciency’’. 1978—Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. 1976—Pub. L. 94–385 redesignated former pars. (1) and (2) as (7) and (8), respectively, and added pars. (1) to (6). Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 6327. Repealed. Pub. L. 101–440, § 4(c)(1), Oct. 18, 1990, 104 Stat. 1009 Section, Pub. L. 94–163, title III, § 367, as added Pub. L. 94–385, title IV, § 432(a), Aug. 14, 1976, 90 Stat. 1160; amended Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–619, title VI, §§ 622, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288, related to supplemental State energy conservation plans. PART C—INDUSTRIAL ENERGY EFFICIENCY Editorial Notes CODIFICATION This part was, in the original, designated part E and has been changed to part C for purposes of codification. PRIOR PROVISIONS A prior part C, consisting of sections 6341 to 6346, re- lated to voluntary industrial energy conservation, prior to repeal by Pub. L. 99–509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888. This prior part C, which in the original Act had been designated part D and subse- quently redesignated part E by Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267, was designated part C of this subchapter for purposes of codification. § 6341. Definitions In this part: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Combined heat and power The term ‘‘combined heat and power sys- tem’’ means a facility that— (A) simultaneously and efficiently pro- duces useful thermal energy and electricity; and (B) recovers not less than 60 percent of the energy value in the fuel (on a higher-heat- ing-value basis) in the form of useful ther- mal energy and electricity. (3) Net excess power The term ‘‘net excess power’’ means, for any facility, recoverable waste energy recovered in the form of electricity in quantities exceeding the total consumption of electricity at the specific time of generation on the site at which the facility is located. (4) Project The term ‘‘project’’ means a recoverable waste energy project or a combined heat and power system project. (5) Recoverable waste energy The term ‘‘recoverable waste energy’’ means waste energy from which electricity or useful Page 6787 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6341 thermal energy may be recovered through modification of an existing facility or addition of a new facility. (6) Registry The term ‘‘Registry’’ means the Registry of Recoverable Waste Energy Sources established under section 6342(d) of this title. (7) Useful thermal energy The term ‘‘useful thermal energy’’ means energy— (A) in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heat- ing, cooling, humidity control, process use, or other valid thermal end-use energy re- quirements; and (B) for which fuel or electricity would oth- erwise be consumed. (8) Waste energy The term ‘‘waste energy’’ means— (A) exhaust heat or flared gas from any in- dustrial process; (B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (C) a pressure drop in any gas, excluding any pressure drop to a condenser that subse- quently vents the resulting heat; and (D) such other forms of waste energy as the Administrator may determine. (9) Other terms The terms ‘‘electric utility’’, ‘‘nonregulated electric utility’’, ‘‘State regulated electric utility’’, and other terms have the meanings given those terms in title I of the Public Util- ity Regulatory Policies Act of 1978 (16 U.S.C. 2611 et seq.). (Pub. L. 94–163, title III, § 371, as added Pub. L. 110–140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1623.) Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in par. (9), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. Title I (§ 101 et seq.) of the Act enacted sub- chapters I to IV of chapter 46 (§ 2611 et seq.) of Title 16, Conservation, and section 6808 of this title, and amend- ed sections 6802 to 6807 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2601 of Title 16 and Tables. PRIOR PROVISIONS A prior section 6341, Pub. L. 94–163, title III, § 371, Dec. 22, 1975, 89 Stat. 936; Pub. L. 95–619, title VI, §§ 601(c), 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288, defined terms used in former part C, prior to repeal by Pub. L. 99–509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. Executive Documents EX. ORD. NO. 13624. ACCELERATING INVESTMENT IN INDUSTRIAL ENERGY EFFICIENCY Ex. Ord. No. 13624, Aug. 30, 2012, 77 Stat. 54779, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote American manufac- turing by helping to facilitate investments in energy efficiency at industrial facilities, it is hereby ordered as follows: SECTION 1. Policy. The industrial sector accounts for over 30 percent of all energy consumed in the United States, and, for many manufacturers, energy costs af- fect overall competitiveness. While our manufacturing facilities have made progress in becoming more energy efficient over the past several decades, there is an op- portunity to accelerate and expand these efforts with investments to reduce energy use through more effi- cient manufacturing processes and facilities and the expanded use of combined heat and power (CHP). In- stead of burning fuel in an on-site boiler to produce thermal energy and also purchasing electricity from the grid, a manufacturing facility can use a CHP sys- tem to provide both types of energy in one energy-effi- cient step. Accelerating these investments in our Na- tion’s factories can improve the competitiveness of United States manufacturing, lower energy costs, free up future capital for businesses to invest, reduce air pollution, and create jobs. Despite these benefits, independent studies have pointed to under-investment in industrial energy effi- ciency and CHP as a result of numerous barriers. The Federal Government has limited but important au- thorities to overcome these barriers, and our efforts to support investment in industrial energy efficiency and CHP should involve coordinated engagement with a broad set of stakeholders, including States, manufac- turers, utilities, and others. By working with all stake- holders to address these barriers, we have an oppor- tunity to save industrial users tens of billions of dol- lars in energy costs over the next decade. There is no one-size-fits-all solution for our manufac- turers, so it is imperative that we support these invest- ments through a variety of approaches, including en- couraging private sector investment by setting goals and highlighting the benefits of investment, improving coordination at the Federal level, partnering with and supporting States, and identifying investment models beneficial to the multiple stakeholders involved. To formalize and support the close interagency co- ordination that is required to accelerate greater invest- ment in industrial energy efficiency and CHP, this order directs certain executive departments and agen- cies to convene national and regional stakeholders to identify, develop, and encourage the adoption of invest- ment models and State best practice policies for indus- trial energy efficiency and CHP; provide technical as- sistance to States and manufacturers to encourage in- vestment in industrial energy efficiency and CHP; pro- vide public information on the benefits of investment in industrial energy efficiency and CHP; and use exist- ing Federal authorities, programs, and policies to sup- port investment in industrial energy efficiency and CHP. SEC. 2. Encouraging Investment in Industrial Efficiency. The Departments of Energy, Commerce, and Agri- culture, and the Environmental Protection Agency, in coordination with the National Economic Council, the Domestic Policy Council, the Council on Environ- mental Quality, and the Office of Science and Tech- nology Policy, shall coordinate policies to encourage investment in industrial efficiency in order to reduce costs for industrial users, improve U.S. competitive- ness, create jobs, and reduce harmful air pollution. In doing so, they shall engage States, industrial compa- nies, utility companies, and other stakeholders to ac- celerate this investment. Specifically, these agencies shall, as appropriate and consistent with applicable law: (a) coordinate and strongly encourage efforts to achieve a national goal of deploying 40 gigawatts of new, cost-effective industrial CHP in the United States by the end of 2020; (b) convene stakeholders, through a series of public workshops, to develop and encourage the use of best Page 6788 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6342 practice State policies and investment models that ad- dress the multiple barriers to investment in industrial energy efficiency and CHP; (c) utilize their respective relevant authorities and resources to encourage investment in industrial energy efficiency and CHP, such as by: (i) providing assistance to States on accounting for the potential emission reduction benefits of CHP and other energy efficiency policies when developing State Implementation Plans (SIPs) to achieve national ambi- ent air quality standards; (ii) providing incentives for the deployment of CHP and other types of clean energy, such as set-asides under emissions allowance trading program state im- plementation plans, grants, and loans; (iii) employing output-based approaches as compli- ance options in power and industrial sector regulations, as appropriate, to recognize the emissions benefits of highly efficient energy generation technologies like CHP; and (iv) seeking to expand participation in and create ad- ditional tools to support the Better Buildings, Better Plants program at the Department of Energy, which is working with companies to help them achieve a goal of reducing energy intensity by 25 percent over 10 years, as well as utilizing existing partnership programs to support energy efficiency and CHP; (d) support and encourage efforts to accelerate in- vestment in industrial energy efficiency and CHP by: (i) providing general guidance, technical analysis and information, and financial analysis on the value of in- vestment in industrial energy efficiency and CHP to States, utilities, and owners and operators of industrial facilities; (ii) improving the usefulness of Federal data collec- tion and analysis; and (iii) assisting States in developing and implementing State-specific best practice policies that can accelerate investment in industrial energy efficiency and CHP. In implementing this section, these agencies should consult with the Federal Energy Regulatory Commis- sion, as appropriate. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 6342. Survey and Registry (a) Recoverable waste energy inventory program (1) In general The Administrator, in cooperation with the Secretary and State energy offices, shall es- tablish a recoverable waste energy inventory program. (2) Survey The program shall include— (A) an ongoing survey of all major indus- trial and large commercial combustion sources in the United States (as defined by the Administrator) and the sites at which the sources are located; and (B) a review of each source for the quan- tity and quality of waste energy produced at the source. (b) Criteria (1) In general Not later than 270 days after December 19, 2007, the Administrator shall publish a rule for establishing criteria for including sites in the Registry. (2) Inclusions The criteria shall include— (A) a requirement that, to be included in the Registry, a project at the site shall be determined to be economically feasible by virtue of offering a payback of invested costs not later than 5 years after the date of first full project operation (including incentives offered under this part); (B) standards to ensure that projects pro- posed for inclusion in the Registry are not developed or used for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; and (C) procedures for contesting the listing of any source or site on the Registry by any State, utility, or other interested person. (c) Technical support On the request of the owner or operator of a source or site included in the Registry, the Sec- retary shall— (1) provide to owners or operators of combus- tion sources technical support; and (2) offer partial funding (in an amount equal to not more than one-half of total costs) for feasibility studies to confirm whether or not investment in recovery of waste energy or combined heat and power at a source would offer a payback period of 5 years or less. (d) Registry (1) Establishment (A) In general Not later than 1 year after December 19, 2007, the Administrator shall establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located, that meet the criteria established under subsection (b). (B) Updates; availability The Administrator shall— (i) update the Registry on a regular basis; and (ii) make the Registry available to the public on the website of the Environ- mental Protection Agency. (C) Contesting listing Any State, electric utility, or other inter- ested person may contest the listing of any source or site by submitting a petition to the Administrator. (2) Contents (A) In general The Administrator shall register and in- clude on the Registry all sites meeting the criteria established under subsection (b). (B) Quantity of recoverable waste energy The Administrator shall— (i) calculate the total quantities of po- tentially recoverable waste energy from