121 STAT. 1626
PUBLIC LAW 110–140—DEC. 19, 2007
dkrause on GSDDPC44 with PUBLAW
elect to have detailed quantitative information concerning the site not made public by notifying the Administrator of the election. ‘‘(ii) LIMITED AVAILABILITY.—The information shall be made available to— ‘‘(I) the applicable State energy office; and ‘‘(II) any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under section 374. ‘‘(iii) STATE TOTALS.—Information concerning the site shall be included in the total quantity of recoverable waste energy for a State unless there are fewer than 3 sites in the State. ‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), as a project achieves successful recovery of waste energy, the Administrator shall— ‘‘(i) remove the related sites or sources from the Registry; and ‘‘(ii) designate the removed projects as eligible for incentives under section 374. ‘‘(B) LIMITATION.—No project shall be removed from the Registry without the consent of the owner or operator of the project if— ‘‘(i) the owner or operator has submitted a petition under section 374; and ‘‘(ii) the petition has not been acted on or denied. ‘‘(5) INELIGIBILITY OF CERTAIN SOURCES.—The Administrator shall not list any source constructed after the date of the enactment of the Energy Independence and Security Act of 2007 on the Registry if the Administrator determines that the source— ‘‘(A) was developed for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; or ‘‘(B) does not capture at least 60 percent of the total energy value of the fuels used (on a higher-heating-value basis) in the form of useful thermal energy, electricity, mechanical energy, chemical output, or any combination thereof. ‘‘(e) SELF-CERTIFICATION.— ‘‘(1) IN GENERAL.—Subject to any procedures that are established by the Administrator, an owner, operator, or third-party developer of a recoverable waste energy project that qualifies under standards established by the Administrator may selfcertify the sites or sources of the owner, operator, or developer to the Administrator for inclusion in the Registry. ‘‘(2) REVIEW AND APPROVAL.—To prevent a fraudulent listing, a site or source shall be included on the Registry only if the Administrator reviews and approves the self-certification. ‘‘(f) NEW FACILITIES.—As a new energy-consuming industrial facility is developed after the date of enactment of the Energy Independence and Security Act of 2007, to the extent the facility may constitute a site with recoverable waste energy that may qualify for inclusion on the Registry, the Administrator may elect to include the facility on the Registry, at the request of the owner, operator, or developer of the facility, on a conditional basis with
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