View all text of Part A [§ 15961 - § 15965]
§ 15962. Project criteria
(a) In general
(b) Technical criteria for clean coal power initiative
(1) Gasification projects
(A) In generalIn allocating the funds made available under section 15961(a) of this title, 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(II) Prescriptive milestones
(ii) 2020 goalsThe 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
(B) Technical milestones
(i) Periodic determination(I) In general(II) Prescriptive milestones
(ii) 2020 goalsThe 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) ConsultationBefore 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 unitsIn 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
(B) Applicability of milestones
(C) Permitted usesIn 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 criteriaThe 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 assistanceThe 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
(f) Scheduled completion of selected projects
(1) In general
(2) Condition of financial assistance
(3) Extension of time period
(A) In general
(B) Limitation
(g) Fee title
(h) Data protectionFor 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) ApplicabilityNo 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;
(2) achievable for purposes of section 7479 of this title; or
(3) achievable in practice for purposes of section 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.)