Page:United States Statutes at Large Volume 119.djvu/1021

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1003

‘‘(B) the unit is designed to meet the performance requirements in the following table:

Performance characteristic: SO2 (percent removal) ................................ NOx (emissions) ........................................... PM* (emissions) .......................................... Hg (percent removal) ..................................

Design level for project: 99 percent 0.07 lbs/MMBTU 0.015 lbs/MMBTU 90 percent

‘‘(2) DESIGN NET HEAT RATE.—For purposes of this subsection, design net heat rate with respect to an electric generation unit shall— ‘‘(A) be measured in Btu per kilowatt hour (higher heating value), ‘‘(B) be based on the design annual heat input to the unit and the rated net electrical power, fuels, and chemicals output of the unit (determined without regard to the cogeneration of steam by the unit), ‘‘(C) be adjusted for the heat content of the design coal to be used by the unit— ‘‘(i) if the heat content is less than 13,500 Btu per pound, but greater than 7,000 Btu per pound, according to the following formula: design net heat rate = unit net heat rate x [1–[((13,500-design coal heat content, Btu per pound)/1,000)* 0.013]], and ‘‘(ii) if the heat content is less than or equal to 7,000 Btu per pound, according to the following formula: design net heat rate = unit net heat rate x [1–[((13,500-design coal heat content, Btu per pound)/ 1,000)* 0.018]], and ‘‘(D) be corrected for the site reference conditions of— ‘‘(i) elevation above sea level of 500 feet, ‘‘(ii) air pressure of 14.4 pounds per square inch absolute, ‘‘(iii) temperature, dry bulb of 63°F, ‘‘(iv) temperature, wet bulb of 54°F, and ‘‘(v) relative humidity of 55 percent. ‘‘(3) EXISTING UNITS.—In the case of any electric generation unit in existence on the date of the enactment of this section, such unit uses advanced coal-based generation technology if, in lieu of the requirements under paragraph (1)(A)(ii), such unit achieves a minimum efficiency of 35 percent and an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than— ‘‘(A) 7 percentage points for coal of more than 9,000 Btu, ‘‘(B) 6 percentage points for coal of 7,000 to 9,000 Btu, or ‘‘(C) 4 percentage points for coal of less than 7,000 Btu. ‘‘(g) APPLICABILITY.—No use of technology (or level of emission reduction solely by reason of the use of the technology), and no achievement of any emission reduction by the demonstration of any technology or performance level, by or at one or more facilities with respect to which a credit is allowed under this section, shall

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