Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 16513: Eligible projects
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avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ elements of commercial technologies in combination with new or significantly improved technologies. Renewable energy systems. Advanced fossil energy technology (including coal gasification meeting the criteria in subsection (d)). Hydrogen fuel cell technology for residential, industrial, or transportation applications. Advanced nuclear energy facilities, including manufacturing of nuclear supply components for advanced nuclear reactors. agricultural and forestry practices that store and sequester carbon; and synthetic technologies to remove carbon from the air and oceans. Efficient electrical generation, transmission, and distribution technologies. Efficient end-use energy technologies. Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive vehicles and advanced diesel vehicles. Pollution control equipment. Refineries, meaning facilities at which crude oil is refined into gasoline. Energy storage technologies for residential, industrial, transportation, and power generation applications. Technologies or processes for reducing greenhouse gas emissions from industrial applications, including iron, steel, cement, and ammonia production, hydrogen production, and the generation of high-temperature heat. Projects that increase the domestically produced supply of critical minerals (as defined in section 1606(a) of title 30 ), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives. coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; and electricity will account for at least 65 percent of net useful annual energy output; that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant; that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and on which construction commences not later than the date that is 3 years after the date of the issuance of the guarantee; may include repowering of existing facilities; may be built in stages; shall have a combined output of at least 100 megawatts; shall be located in a western State at an altitude greater than 4,000 feet; and shall demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb; a project located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell at least 450 megawatts of output to a utility; generate one or more hydrogen-rich and carbon monoxide-rich product streams from the gasification of coal or coal waste; and use those streams to facilitate the production of ultra clean premium fuels through the Fischer-Tropsch process; and is owned by a State government; and may include tribal and private coal resources. Facilities that gasify coal, biomass, or petroleum coke in any combination to produce synthesis gas for use as a fuel or feedstock and for which electricity accounts for less than 65 percent of the useful energy output of the facility. The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects. Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds. total sulfur dioxide emissions in flue gas from the project that do not exceed 0.05 lb/MMBtu; a 90-percent removal rate (including any fuel pretreatment) of mercury from the coal-derived gas, and any other fuel, combusted by the project; total nitrogen oxide emissions in the flue gas from the project that do not exceed 0.08 lb/MMBtu; and total particulate emissions in the flue gas from the project that do not exceed 0.01 lb/MMBtu. A project that receives tax credits for clean coal technology shall not be disqualified from receiving a guarantee under this subchapter. Notwithstanding subsection (a)(2), the Secretary may, if regional variation significantly affects the deployment of a technology, make guarantees under this subchapter for up to 6 projects that employ the same or similar technology as another project, provided no more than 2 projects that use the same or a similar technology are located in the same region of the United States.
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