§ 6342. 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.
(b)
Criteria
(1)
In general
Not later than 270 days after December 19, 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);
(c)
Technical support
On the request of the owner or operator of a source or site included in the Registry, the Secretary shall—
(d)
Registry
(1)
Establishment
(A)
In general
Not later than 1 year after December 19, 2007, the Administrator shall establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located, that meet the criteria established under subsection (b).
(2)
Contents
(A)
In general
The Administrator shall register and include on the Registry all sites meeting the criteria established under subsection (b).
(3)
Availability of information
(A)
In general
The Administrator shall notify owners or operators of recoverable waste energy sources and sites listed on the Registry prior to publishing the listing.
(B)
Detailed quantitative information
(i)
In general
Except as provided in clause (ii), the owner or operator of a source at a site may 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—
(II)
any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under section
6344 of this title.
(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—
(5)
Ineligibility of certain sources
The Administrator shall not list any source constructed after December 19, 2007, on the Registry if the Administrator determines that the source—
(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 self-certify the sites or sources of the owner, operator, or developer to the Administrator for inclusion in the Registry.
(f)
New facilities
As a new energy-consuming industrial facility is developed after December 19, 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 the site to be removed from the Registry if the development ceases or the site fails to qualify for listing under this part.
(g)
Optimum means of recovery
For each site listed in the Registry, at the request of the owner or operator of the site, the Administrator shall offer, in cooperation with Clean Energy Application Centers operated by the Secretary of Energy, suggestions for optimum means of recovery of value from waste energy stream in the form of electricity, useful thermal energy, or other energy-related products.
(i)
Authorization of appropriations
There are authorized to be appropriated to—