Page:United States Statutes at Large Volume 119.djvu/777

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 759

‘‘(C) 40 percent for coal of less than 7,000 Btu per pound based on higher heating values; 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 3102(a)(1), 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 3102(a)(1)— ‘‘(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 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) 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 3102(a)(1). ‘‘SEC. 3104. AIR QUALITY ENHANCEMENT PROGRAM.

42 USC 13574.

‘‘(a) ELIGIBLE PROJECTS.—Projects supported under section 3102(a)(2) shall— ‘‘(1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501); or ‘‘(2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance. ‘‘(b) PRIORITY IN PROJECT SELECTION.—In making an award under section 3102(a)(2), the Secretary shall give priority to— ‘‘(1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions; ‘‘(2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and ‘‘(3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment.

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