Page:United States Statutes at Large Volume 119.djvu/768

 119 STAT. 750

PUBLIC LAW 109–58—AUG. 8, 2005 reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.

42 USC 15962.

SEC. 402. PROJECT CRITERIA.

(a) IN GENERAL.—To be eligible to receive assistance under this subtitle, 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 the date of enactment of this Act. (b) TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.— (1) GASIFICATION PROJECTS.— (A) IN GENERAL.—In allocating the funds made available under section 401(a), 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 subtitle 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) to remove at least 99 percent of sulfur dioxide; (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 401(a) are used to fund projects other than those described in paragraph (1).

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