Title 42The Public Health and WelfareRelease 119-73not60

§15962 Project Criteria

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

Last updated Apr 5, 2026|Official source

Summary

Projects must be much more advanced and more efficient than coal power technologies that were in commercial use or demonstrated as viable on August 8, 2005. At least 70 percent of the money must go to coal-based 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). The Secretary must set technical goals over time that get stricter during the clean coal power initiative and that aim, by 2020, for very low emissions and high efficiency for those gasification projects: remove at least 99% of SO2 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% (coal >9,000 Btu), 48% (7,000–9,000 Btu), or 46% (<7,000 Btu). Up to 30 percent of funds may go to other projects, which must meet slightly less strict 2020 targets: remove at least 97% of SO2, emit no more than 0.08 lb NOx per million Btu, cut mercury by at least 90%, and reach thermal efficiencies of 43% (>9,000 Btu), 41% (7,000–9,000 Btu), or 39% (<7,000 Btu). Before setting these goals, the Secretary must consult the EPA Administrator and interested groups (coal producers, coal-using industries, coal promoters, environmental groups, worker organizations, and consumer groups). For units that existed on August 8, 2005, the goals can be framed as efficiency improvements instead of absolute targets: at least 7% improvement (>9,000 Btu), 6% (7,000–9,000 Btu), or 4% (<7,000 Btu). The Secretary must adjust for site elevation, exclude energy used for CO2 capture when capture is at least 50% from efficiency calculations, and may give priority to projects that capture CO2 or reduce natural gas demand. Recipients must show they are financially responsible, must give enough information so the Secretary can check spending, and must show a market exists with written interest from potential buyers. The Secretary will fund projects that meet the rules and are likely to cut coal use costs, help coal stay competitive to keep fuel choices, and show methods that apply to 25 percent of coal-fired electric plants (as of August 8, 2005). Cost sharing is required under section 16352. The Secretary sets a reasonable time to finish construction or demonstration; recipients must agree not to request extensions, though the Secretary may extend once for up to 4 years if delay is beyond the recipient’s control. The Secretary may hold or transfer property interests from cost-share agreements to any entity, including the United States. For up to 5 years after operations finish, the Secretary may protect trade secrets and confidential commercial information from release. Achievements made only by projects getting this help do not by themselves count as “adequately demonstrated” or “achievable” under Clean Air Act sections 7411, 7479, or 7501.

Full Legal Text

Title 42, §15962

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

(a)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)(1)(A)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)(i)(I)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)The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii)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)(A)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)(i)(I)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)The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii)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)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)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)(A)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)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)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)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)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)In carrying out this part, the Secretary shall require cost sharing in accordance with section 16352 of this title.
(f)(1)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)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)(A)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)The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.
(g)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)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)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 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60