Title 42, The Public Health and WelfareRelease 119-110

§15962 Project Criteria

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER IV — COAL › Part A — Clean Coal Power Initiative › § 15962

Last updated Sep 22, 2026|Official source

Summary

Pays for projects that do much better than the coal power technology that was in commercial use on August 8, 2005. At least 70% of the money must go to coal gasification projects (like gasification combined cycle, gasification with fuel cells or turbines, coproduction, hybrid gasification/combustion, and other advanced coal tech that can make a concentrated CO2 stream). Up to 30% can fund other types of projects. The Secretary must set periodic, stricter technical goals so that by 2020 gasification projects will, for example, remove at least 99% of sulfur dioxide or emit no more than 0.04 lb SO2 per million Btu (30‑day average), emit no more than 0.05 lb NOx per million Btu, cut mercury by at least 95%, and reach thermal efficiencies of 50% (>9,000 Btu coal), 48% (7,000–9,000 Btu), or 46% (<7,000 Btu). Other projects must by 2020 remove 97% SO2, emit no more than 0.08 lb NOx per million Btu, cut mercury by 90%, and reach thermal efficiencies of 43%/41%/39% for the same coal categories. For units already operating on August 8, 2005, the goal can be a net improvement in thermal design efficiency of at least 7%, 6%, or 4% (by coal Btu range). The Secretary must talk with the EPA and with coal producers, users, industry groups, environmental groups, worker and consumer organizations before setting these goals. Site elevation will be considered when judging efficiency. If a project captures at least 50% of its CO2, the energy used for capture is not counted against its efficiency. Projects that include CO2 capture or that reduce natural gas demand may get priority. The Secretary must not give money unless the applicant shows it is financially responsible, will provide enough information to show funds are used well, and has written interest from potential buyers showing a market. Funding will go to projects that meet the rules above and are likely to lower coal energy costs, help coal stay competitive as a fuel, and apply to 25% of the U.S. coal-fired electricity plants (as of August 8, 2005). Cost sharing is required under section 16352. The Secretary will set a reasonable deadline to finish construction or demonstration. Recipients must agree not to ask for an extension, though the Secretary can grant an extension of up to 4 years for reasons beyond the recipient’s control. The Secretary may hold fee title or other property interests. For up to 5 years after operations end, the Secretary can protect demonstration data that would be a trade secret or confidential commercial information. Finally, a technology or emission level reached by a funded project does not by itself count as “adequately demonstrated” or “achievable” under sections 7411, 7479, or 7501.

Full Legal Text

Title 42, §15962

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

(a)In general
To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005.
(b)Technical criteria for clean coal power initiative
(1)Gasification projects
(A)In general
In 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
The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve.
(II)Prescriptive milestones
The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii)2020 goals
The 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
The Secretary shall ensure that up to 30 percent of the funds made available under section 15961(a) of this title are used to fund projects other than those described in paragraph (1).
(B)Technical milestones
(i)Periodic determination
(I)In general
The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve.
(II)Prescriptive milestones
The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii)2020 goals
The 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)Consultation
Before 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 units
In 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
In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed.
(B)Applicability of milestones
In applying the thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in calculating the thermal efficiency.
(C)Permitted uses
In 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 criteria
The 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 assistance
The 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
In carrying out this part, the Secretary shall require cost sharing in accordance with section 16352 of this title.
(f)Scheduled completion of selected projects
(1)In general
In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate.
(2)Condition of financial assistance
The Secretary shall require as a condition of receipt of any financial assistance under this part that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1).
(3)Extension of time period
(A)In general
Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator.
(B)Limitation
The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.
(g)Fee title
The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this part in any entity, including the United States.
(h)Data protection
For 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)Applicability
No 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (i), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

note set out under section 15801 of this title and Tables.

Amendments

2007—Subsec. (b)(1)(B)(ii)(I). Pub. L. 110–140 added subcl. (I) and struck out former subcl. (I) which read as follows: “to remove at least 99 percent of sulfur dioxide;”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15962

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110