Title 42 — The Public Health and WelfareRelease 119-73

§13573 Generation projects

Title 42 › Chapter CHAPTER 134— - ENERGY POLICY › Subchapter SUBCHAPTER XIII— - CLEAN AIR COAL PROGRAM › § 13573

Last updated Apr 6, 2026|Official source

Summary

The government may pay for power-generation projects that use earlier Department of Energy technologies, advanced combustion or gasification systems (like gasification with fuel cells, coproduction, oxidation combustion, ultra-supercritical boilers, and chemical looping), and hybrid gasification/combustion setups that can include fuel cells. The Secretary must set rules for picking projects and may only make the rules stricter, not weaker. The rules must favor projects that improve air in areas that fail air-quality rules, cut pollution, replace old inefficient units, have wide buyer interest, and meet specific efficiency targets. For projects starting 2006–2011 the targets are 40% (coal >9,000 Btu/lb), 38% (7,000–9,000 Btu/lb), and 36% (coal <7,000 Btu/lb), based on higher heating values. For 2012–2013 the targets are 45%, 44%, and 40% respectively. Between 25% and 75% of supported projects must be only for making electricity. Priority goes to technologies already demonstrated in real electricity production but not yet cost-competitive and that improve efficiency and the environment. Authorized funding: $250,000,000 for FY2007; $350,000,000 for FY2008; $400,000,000 each year FY2009–2012; $300,000,000 for FY2013. Using a technology in one of these funded projects does not by itself prove that the technology meets other legal demonstration or achievability standards.

Full Legal Text

Title 42, §13573

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Projects supported under section 13572(a)(1) of this title may include—

(1)equipment or processes previously supported by a Department of Energy program;

(2)advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially contribute 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)The Secretary shall establish criteria for the selection of generation projects under section 13572(a)(1) of this title. The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include—

(1)prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas;

(2)prioritization of projects whose installation 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 procurement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity generation;

(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 values;

(B)38 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; 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 values;

(B)44 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and

(c)In carrying out the program under section 13572(a)(1) of this title, the Secretary shall ensure, 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 electrical 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)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)No technology, or level of emission reduction, shall be treated as adequately demonstrated for purpose 11 So in original. Probably should be “purposes”. 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 receiving assistance under section 13572(a)(1) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13573

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73