PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 751
(B) TECHNICAL MILESTONES.— (i) PERIODIC DETERMINATION.— (I) IN GENERAL.—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) PRESCRIPTIVE MILESTONES.—The technical milestones shall become more prescriptive during the period of the clean coal power initiative. (ii) 2020 GOALS.—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) CONSULTATION.—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) EXISTING UNITS.—In the case of projects at units in existence on the date of enactment of this Act, 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) ADMINISTRATION.— (A) ELEVATION OF SITE.—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
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