Title 42, The Public Health and WelfareRelease 119-110

§13573 Generation Projects

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

Last updated Sep 23, 2026|Official source

Summary

Funds can pay for certain power-generation projects. That includes equipment or processes the Department of Energy has already supported, advanced combustion systems (like gasification, gasification fuel cells, ultra-supercritical boilers, and similar technologies), and hybrid gasification/combustion systems that may include fuel cells. The Secretary must set and can tighten the rules for picking projects. Projects that are chosen should be likely to improve air quality in nonattainment areas, cut pollution rates, replace or repower old inefficient units, and show real buyer interest. Projects starting in 2006–2011 must meet these thermal-efficiency targets (based on higher heating values): 40% for coal >9,000 Btu/lb, 38% for coal 7,000–9,000 Btu/lb, and 36% for coal <7,000 Btu/lb. Projects starting in 2012–2013 must meet higher targets: 45% (>9,000), 44% (7,000–9,000), and 40% (<7,000). Energy used for coproduction or cogeneration is not counted in those efficiency numbers. The program must, as far as practical, fund between 25% and 75% of projects that are only for making electricity. Priority goes to technologies already used to make electricity in real settings but that are not yet cost-competitive and that give better efficiency and environmental performance. Money is authorized as follows: $250,000,000 for FY2007; $350,000,000 for FY2008; $400,000,000 for each of FY2009–2012; and $300,000,000 for FY2013. Using these assisted projects alone does not prove a technology or an emissions reduction is “adequately demonstrated” or “achievable” for purposes of sections 7411, 7479, or 7501.

Full Legal Text

Title 42, §13573

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

(a)Eligible projects

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)Criteria

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

except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; 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

except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph.

(c)Program balance and priority

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)Authorization of appropriations

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)Applicability

No technology, or level of emission reduction, shall be treated as adequately demonstrated for purpose 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

Sep 23, 2026

Release point: 119-110