View all text of Part C [§ 6341 - § 6351]
§ 6342. Survey and Registry
(a) Recoverable waste energy inventory program
(1) In general
(2) SurveyThe program shall include—
(A) an ongoing survey of all major industrial 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 quantity and quality of waste energy produced at the source.
(b) Criteria
(1) In general
(2) InclusionsThe 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 proposed 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 supportOn the request of the owner or operator of a source or site included in the Registry, the Secretary shall—
(1) provide to owners or operators of combustion 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
(B) Updates; availabilityThe Administrator shall—
(i) update the Registry on a regular basis; and
(ii) make the Registry available to the public on the website of the Environmental Protection Agency.
(C) Contesting listing
(2) Contents
(A) In general
(B) Quantity of recoverable waste energyThe Administrator shall—
(i) calculate the total quantities of potentially recoverable waste energy from sources at the sites, nationally and by State; and
(ii) make public—(I) the total quantities described in clause (i); and(II) information on the criteria pollutant and greenhouse gas emissions savings that might be achieved with recovery of the waste energy from all sources and sites listed on the Registry.
(3) Availability of information
(A) In general
(B) Detailed quantitative information
(i) In general
(ii) Limited availabilityThe information shall be made available to—(I) the applicable State energy office; and(II) any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under section 6344 of this title.
(iii) State totals
(4) Removal of projects from registry
(A) In generalSubject to subparagraph (B), as a project achieves successful recovery of waste energy, the Administrator shall—
(i) remove the related sites or sources from the Registry; and
(ii) designate the removed projects as eligible for incentives under section 6344 of this title.
(B) LimitationNo project shall be removed from the Registry without the consent of the owner or operator of the project if—
(i) the owner or operator has submitted a petition under section 6344 of this title; and
(ii) the petition has not been acted on or denied.
(5) Ineligibility of certain sourcesThe Administrator shall not list any source constructed after December 19, 2007, on the Registry if the Administrator determines that the source—
(A) was developed for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; or
(B) does not capture at least 60 percent of the total energy value of the fuels used (on a higher-heating-value basis) in the form of useful thermal energy, electricity, mechanical energy, chemical output, or any combination thereof.
(e) Self-certification
(1) In general
(2) Review and approval
(f) New facilities
(g) Optimum means of recovery
(h) Revision
(i) Authorization of appropriationsThere are authorized to be appropriated to—
(1) the Administrator to create and maintain the Registry and services authorized by this section, $1,000,000 for each of fiscal years 2008 through 2012; and
(2) the Secretary—
(A) to assist site or source owners and operators in determining the feasibility of projects authorized by this section, $2,000,000 for each of fiscal years 2008 through 2012; and
(B) to provide funding for State energy office functions under this section, $5,000,000.
(Pub. L. 94–163, title III, § 372, as added Pub. L. 110–140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1624.)