121 STAT. 1624
PUBLIC LAW 110–140—DEC. 19, 2007 ‘‘(5) RECOVERABLE WASTE ENERGY.—The term ‘recoverable waste energy’ means waste energy from which electricity or useful thermal energy may be recovered through modification of an existing facility or addition of a new facility. ‘‘(6) REGISTRY.—The term ‘Registry’ means the Registry of Recoverable Waste Energy Sources established under section 372(d). ‘‘(7) USEFUL THERMAL ENERGY.—The term ‘useful thermal energy’ means energy— ‘‘(A) in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end-use energy requirements; and ‘‘(B) for which fuel or electricity would otherwise be consumed. ‘‘(8) WASTE ENERGY.—The term ‘waste energy’ means— ‘‘(A) exhaust heat or flared gas from any industrial process; ‘‘(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; ‘‘(C) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; and ‘‘(D) such other forms of waste energy as the Administrator may determine. ‘‘(9) OTHER TERMS.—The terms ‘electric utility’, ‘nonregulated electric utility’, ‘State regulated electric utility’, and other terms have the meanings given those terms in title I of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 et seq.).
42 USC 6342.
‘‘SEC. 372. SURVEY AND REGISTRY.
‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PROGRAM.— ‘‘(1) IN GENERAL.—The Administrator, in cooperation with the Secretary and State energy offices, shall establish a recoverable waste energy inventory program. ‘‘(2) SURVEY.—The program shall include— ‘‘(A) an ongoing survey of all major industrial and large commercial combustion sources in the United States (as defined by the Administrator) and the sites at which the sources are located; and ‘‘(B) a review of each source for the quantity and quality of waste energy produced at the source. ‘‘(b) CRITERIA.— ‘‘(1) IN GENERAL.—Not later than 270 days after the date of enactment of the Energy Independence and Security Act of 2007, the Administrator shall publish a rule for establishing criteria for including sites in the Registry. ‘‘(2) INCLUSIONS.—The criteria shall include— ‘‘(A) a requirement that, to be included in the Registry, a project at the site shall be determined to be economically feasible by virtue of offering a payback of invested costs not later than 5 years after the date of first full project operation (including incentives offered under this part); ‘‘(B) standards to ensure that projects proposed for inclusion in the Registry are not developed or used for
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