138 
(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
(B) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(C) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.); 
(D) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.); 
(E) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(F) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); 
(G) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); and 
(H) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 377. COORDINATION AND EXPEDITIOUS REVIEW OF 
PERMITTING PROCESS. 
(a) DEPARTMENT OF ENERGY AS LEAD AGENCY.— 
Upon written request of a prospective applicant for Federal 
authorization for a refinery facility in a Refinery Revital-
ization Zone, the Department shall act as the lead Federal 
agency for the purposes of coordinating all applicable Fed-
eral authorizations and environmental reviews of the refin-
139 
ing facility. To the maximum extent practicable under ap-
plicable Federal law, the Secretary shall coordinate this 
Federal authorization and review process with any Indian 
Tribes and State and local agencies responsible for con-
ducting any separate permitting and environmental re-
views of the refining facility. 
(b) SCHEDULE.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the agencies with authority over Federal 
authorizations and, as appropriate, with Indian 
Tribes and State and local agencies that are willing 
to coordinate their separate permitting and environ-
mental reviews with the Federal authorizations and 
environmental reviews, shall establish a schedule with 
prompt and binding intermediate and ultimate dead-
lines for the review of, and Federal authorization de-
cisions relating to, refinery facility siting and oper-
ation. 
(2) PREAPPLICATION PROCESS.—Prior to estab-
lishing the schedule, the Secretary shall provide an 
expeditious preapplication mechanism for applicants 
to confer with the agencies involved and to have each 
agency communicate to the prospective applicant 
within 60 days concerning—
140 
(A) the likelihood of approval for a poten-
tial refinery facility; and 
(B) key issues of concern to the agencies and 
local community. 
(3) SCHEDULE.—The Secretary shall consider 
the preapplication findings under paragraph (2) in 
setting the schedule and shall ensure that once an ap-
plication has been submitted with such information 
as the Secretary considers necessary, all permit deci-
sions and related environmental reviews under all ap-
plicable Federal laws shall be completed within 6 
months or, where circumstances require otherwise, as 
soon as thereafter practicable. 
(c) CONSOLIDATED ENVIRONMENTAL REVIEW.— 
(1) LEAD AGENCY.—In carrying out its role as 
the lead Federal agency for environmental review, the 
Department shall coordinate all applicable Federal 
actions for complying with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and shall be responsible for preparing any environ-
mental 
impact 
statement 
required 
by 
section 
102(2)(C) of that Act (42 U.S.C. 4332(2)(C)) or such 
other form of environmental review as is required. 
(2) CONSOLIDATION OF STATEMENTS.—In car-
rying out paragraph (1), if the Department deter-
141 
mines an environmental impact statement is re-
quired, the Department shall prepare a single envi-
ronmental impact statement, which shall consolidate 
the environmental reviews of all Federal agencies con-
sidering any aspect of the project covered by the envi-
ronmental impact statement. 
(d) OTHER AGENCIES.—Each Federal agency consid-
ering an aspect of the siting or operation of a refinery facil-
ity in a Refinery Revitalization Zone shall cooperate with 
the Department and comply with the deadlines established 
by the Department in the preparation of any environmental 
impact statement or such other form of review as is re-
quired. 
(e) EXCLUSIVE RECORD.—The Department shall, with 
the cooperation of Federal and State administrative agen-
cies and officials, maintain a complete consolidated record 
of all decisions made or actions taken by the Department 
or by a Federal administrative agency or officer (or State 
administrative agency or officer acting under delegated 
Federal authority) with respect to the siting or operation 
of a refinery facility in a Refinery Revitalization Zone. 
Such record shall be the exclusive record for any Federal 
administrative proceeding that is an appeal or review of 
any such decision made or action taken.
142 
(f) APPEALS.—In the event any agency has denied a 
Federal authorization required for a refinery facility in a 
Refinery Revitalization Zone, or has failed to act by a 
deadline established by the Secretary pursuant to subsection 
(b) for deciding whether to issue the Federal authorization, 
the applicant or any State in which the refinery facility 
would be located may file an appeal with the Secretary. 
Based on the record maintained under subsection (e), and 
in consultation with the affected agency, the Secretary may 
then either issue the necessary Federal authorization with 
appropriate conditions, or deny the appeal. The Secretary 
shall issue a decision within 60 days after the filing of the 
appeal. In making a decision under this subsection, the Sec-
retary shall comply with applicable requirements of Federal 
law, including each of the laws referred to in section 
376(2)(A) through (H). Any judicial appeal of the Sec-
retary’s decision shall be to the United States Court of Ap-
peals for the District of Columbia. 
(g) CONFORMING REGULATIONS.—Not later than 6 
months after the date of enactment of this Act, the Secretary 
shall issue any regulations necessary to implement this sub-
title.
143 
SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGU-
LATIONS REQUIRED. 
Nothing in this subtitle shall be construed to waive the 
applicability of environmental laws and regulations to any 
refinery facility. 
SEC. 379. DEFINITIONS. 
For the purposes of this subtitle, the term— 
(1) ‘‘Administrator’’ means the Administrator of 
the Environmental Protection Agency; 
(2) ‘‘Department’’ means the Department of En-
ergy; 
(3) ‘‘Federal authorization’’ means any author-
ization required under Federal law (including the 
Clean Air Act, the Federal Water Pollution Control 
Act, the Safe Drinking Water Act, the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980, the Solid Waste Disposal Act, the 
Toxic Substances Control Act, the National Historic 
Preservation Act, and the National Environmental 
Policy Act of 1969) in order to site, construct, up-
grade, or operate a refinery facility within a Refinery 
Revitalization Zone, including such permits, special 
use authorizations, certifications, opinions, or other 
approvals as may be required, whether issued by a 
Federal, State, or local agency;
144 
(4) ‘‘idle refinery’’ means any real property site 
that has been used at any time for a refinery facility 
since December 31, 1979, that has not been in oper-
ation after April 1, 2005; 
(5) ‘‘refinery facility’’ means any facility de-
signed and operated to receive, unload, store, process 
and refine raw crude oil by any chemical or physical 
process, including distillation, fluid catalytic crack-
ing, hydrocracking, coking, alkylation, etherification, 
polymerization, catalytic reforming, isomerization, 
hydrotreating, blending, and any combination thereof; 
(6) ‘‘Revitalization Program Qualifying State’’ 
means a State or Indian Tribe that— 
(A) has entered into the memorandum of 
understanding pursuant to section 375(b); and 
(B) has established a refining infrastructure 
coordination office that the Secretary finds will 
facilitate Federal-State cooperation for the pur-
poses of this subtitle; and 
(7) ‘‘Secretary’’ means the Secretary of Energy.
145 
TITLE IV—COAL 
Subtitle A—Clean Coal Power 
Initiative 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
(a) CLEAN COAL POWER INITIATIVE.—There are au-
thorized to be appropriated to the Secretary of Energy (re-
ferred to in this title as the ‘‘Secretary’’) to carry out the 
activities authorized by this subtitle $200,000,000 for each 
of fiscal years 2006 through 2014, to remain available until 
expended. 
(b) REPORT.—The Secretary shall submit to Congress 
the report required by this subsection not later than March 
31, 2007. The report shall include, with respect to subsection 
(a), a 10-year plan containing— 
(1) a detailed assessment of whether the aggre-
gate funding levels provided under subsection (a) are 
the appropriate funding levels for that program; 
(2) a detailed description of how proposals will 
be solicited and evaluated, including a list of all ac-
tivities expected to be undertaken; 
(3) a detailed list of technical milestones for each 
coal and related technology that will be pursued; and 
(4) a detailed description of how the program 
will avoid problems enumerated in General Account-
ing Office reports on the Clean Coal Technology Pro-
146 
gram, including problems that have resulted in 
unspent funds and projects that failed either finan-
cially or scientifically. 
SEC. 402. PROJECT CRITERIA. 
(a) IN GENERAL.—The Secretary shall not provide 
funding under this subtitle for any project that does not 
advance efficiency, environmental performance, and cost 
competitiveness well beyond the level of technologies that are 
in commercial service or have been demonstrated on a scale 
that the Secretary determines is sufficient to demonstrate 
that commercial service is viable as of the date of enactment 
of this Act. 
(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER 
INITIATIVE.— 
(1) GASIFICATION PROJECTS.— 
(A) IN GENERAL.—In allocating the funds 
made available under section 401(a), the Sec-
retary shall ensure that at least 60 percent of the 
funds are used only for projects on coal-based 
gasification technologies, including gasification 
combined cycle, gasification fuel cells, gasifi-
cation coproduction, and hybrid gasification/ 
combustion. 
(B) TECHNICAL
MILESTONES.—The Sec-
retary shall periodically set technical milestones
147 
specifying the emission and thermal efficiency 
levels that coal gasification projects under this 
subtitle shall be designed, and reasonably ex-
pected, to achieve. The technical milestones shall 
become more restrictive during the life of the pro-
gram. The Secretary shall set the periodic mile-
stones so as to achieve by 2020 coal gasification 
projects able— 
(i) to remove 99 percent of sulfur diox-
ide; 
(ii) to emit not more than .05 lbs of 
NOx per million Btu; 
(iii) to achieve substantial reductions 
in mercury emissions; and 
(iv) to achieve a thermal efficiency 
of— 
(I) 60 percent for coal of more 
than 9,000 Btu; 
(II) 59 percent for coal of 7,000 to 
9,000 Btu; and 
(III) 50 percent for coal of less 
than 7,000 Btu. 
(2) OTHER PROJECTS.—The Secretary shall pe-
riodically set technical milestones and ensure that up 
to 40 percent of the funds appropriated pursuant to
148 
section 401(a) are used for projects not described in 
paragraph (1). The milestones shall specify the emis-
sion and thermal efficiency levels that projects funded 
under this paragraph shall be designed to and reason-
ably expected to achieve. The technical milestones 
shall become more restrictive during the life of the 
program. The Secretary shall set the periodic mile-
stones so as to achieve by 2010 projects able— 
(A) to remove 97 percent of sulfur dioxide; 
(B) to emit no more than .08 lbs of NOx per 
million Btu; 
(C) to achieve substantial reductions in 
mercury emissions; and 
(D) to achieve a thermal efficiency of— 
(i) 45 percent for coal of more than 
9,000 Btu; 
(ii) 44 percent for coal of 7,000 to 
9,000 Btu; and 
(iii) 40 percent for coal of less than 
7,000 Btu. 
(3) CONSULTATION.—Before setting the technical 
milestones under paragraphs (1)(B) and (2), the Sec-
retary shall consult with the Administrator of the En-
vironmental Protection Agency and interested enti-
ties, including coal producers, industries using coal,
149 
organizations to promote coal or advanced coal tech-
nologies, environmental organizations, and organiza-
tions representing workers. 
(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 set 
forth in paragraph (1)(B)(iv) and (2)(D), the mile-
stones shall be designed to achieve an overall thermal 
design efficiency improvement, compared to the effi-
ciency 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) PERMITTED USES.—In carrying out this sub-
title, the Secretary may fund projects that include, as 
part of the project, the separation and capture of car-
bon dioxide. The thermal efficiency goals of para-
graphs (1), (2), and (4) shall not apply for projects 
that separate and capture at least 50 percent of the 
facility’s potential emissions of carbon dioxide.
150 
(c) FINANCIAL CRITERIA.—The Secretary shall not 
provide a funding award under this subtitle unless the re-
cipient documents to the satisfaction of the Secretary that— 
(1) the award recipient is financially viable 
without the receipt of additional Federal funding; 
(2) the recipient will provide sufficient informa-
tion to the Secretary to enable the Secretary to ensure 
that the award funds are spent efficiently and effec-
tively; and 
(3) a market exists for the technology being dem-
onstrated or applied, as evidenced by statements of 
interest in writing from potential purchasers of the 
technology. 
(d) FINANCIAL ASSISTANCE.—The Secretary shall pro-
vide financial assistance to projects that meet the require-
ments of subsections (a), (b), and (c) and are likely to— 
(1) achieve overall cost reductions in the utiliza-
tion of coal to generate useful forms of energy; 
(2) improve the competitiveness of coal among 
various forms of energy in order to maintain a diver-
sity of fuel choices in the United States to meet elec-
tricity generation requirements; and 
(3) demonstrate methods and equipment that are 
applicable to 25 percent of the electricity generating 
facilities, using various types of coal, that use coal as
151 
the primary feedstock as of the date of enactment of 
this Act. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a coal or related technology project funded by the Sec-
retary under this subtitle shall not exceed 50 percent. 
(f) APPLICABILITY.—No technology, or level of emis-
sion reduction, shall be treated as adequately demonstrated 
for purposes of section 111 of the Clean Air Act (42 U.S.C. 
7411), achievable for purposes of section 169 of that Act 
(42 U.S.C. 7479), or achievable in practice for purposes of 
section 171 of that Act (42 U.S.C. 7501) solely by reason 
of the use of such technology, or the achievement of such 
emission reduction, by 1 or more facilities receiving assist-
ance under this subtitle. 
SEC. 403. REPORT. 
Not later than 1 year after the date of enactment of 
this Act, and once every 2 years thereafter through 2014, 
the Secretary, in consultation with other appropriate Fed-
eral agencies, shall submit to Congress a report describ-
ing— 
(1) the technical milestones set forth in section 
402 and how those milestones ensure progress toward 
meeting the requirements of subsections (b)(1)(B) and 
(b)(2) of section 402; and
152 
(2) the status of projects funded under this sub-
title. 
SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. 
As part of the program authorized in section 401, the 
Secretary shall award competitive, merit-based grants to 
universities for the establishment of Centers of Excellence 
for Energy Systems of the Future. The Secretary shall pro-
vide grants to universities that show the greatest potential 
for advancing new clean coal technologies. 
Subtitle B—Clean Power Projects 
SEC. 411. COAL TECHNOLOGY LOAN. 
There are authorized to be appropriated to the Sec-
retary $125,000,000 to provide a loan to the owner of the 
experimental plant constructed under United States De-
partment of Energy cooperative agreement number DE-FC- 
22–91PC90544 on such terms and conditions as the Sec-
retary determines, including interest rates and upfront 
payments. 
SEC. 412. COAL GASIFICATION. 
The Secretary is authorized to provide loan guarantees 
for a project to produce energy from a plant using inte-
grated gasification combined cycle technology of at least 400 
megawatts in capacity that produces power at competitive 
rates in deregulated energy generation markets and that
153 
does not receive any subsidy (direct or indirect) from rate-
payers. 
SEC. 414. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guarantees 
for at least 5 petroleum coke gasification projects. 
SEC. 416. ELECTRON SCRUBBING DEMONSTRATION. 
The Secretary shall use $5,000,000 from amounts ap-
propriated to initiate, through the Chicago Operations Of-
fice, a project to demonstrate the viability of high-energy 
electron scrubbing technology on commercial-scale electrical 
generation using high-sulfur coal. 
Subtitle D—Coal and Related 
Programs 
SEC. 441. CLEAN AIR COAL PROGRAM. 
(a) AMENDMENT.—The Energy Policy Act of 1992 is 
amended by adding the following new title at the end there-
of: 
‘‘TITLE XXXI—CLEAN AIR COAL 
PROGRAM 
‘‘SEC. 3101. FINDINGS; PURPOSES; DEFINITIONS. 
‘‘(a) FINDINGS.—The Congress finds that— 
‘‘(1) new environmental regulations present ad-
ditional challenges for coal-fired electrical generation 
in the private marketplace; and
154 
‘‘(2) the Department of Energy, in cooperation 
with industry, has already fully developed and com-
mercialized several new clean-coal technologies that 
will allow the clean use of coal. 
‘‘(b) PURPOSES.—The purposes of this title are to— 
‘‘(1) promote national energy policy and energy 
security, diversity, and economic competitiveness ben-
efits that result from the increased use of coal; 
‘‘(2) mitigate financial risks, reduce the cost, 
and increase the marketplace acceptance of the new 
clean coal technologies; and 
‘‘(3) advance the deployment of pollution control 
equipment to meet the current and future obligations 
of coal-fired generation units regulated under the 
Clean Air Act (42 U.S.C. 7402 and following). 
‘‘SEC. 3102. AUTHORIZATION OF PROGRAM. 
‘‘The Secretary shall carry out a program to facilitate 
production and generation of coal-based power and the in-
stallation of pollution control equipment. 
‘‘SEC. 3103. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) POLLUTION CONTROL PROJECTS.—There are au-
thorized to be appropriated to the Secretary $300,000,000 
for fiscal year 2006, $100,000,000 for fiscal year 2007, 
$40,000,000 for fiscal year 2008, $30,000,000 for fiscal year 
2009, and $30,000,000 for fiscal year 2010, to remain
155 
available until expended, for carrying out the program for 
pollution control projects, which may include— 
‘‘(1) pollution control equipment and processes 
for the control of mercury air emissions; 
‘‘(2) pollution control equipment and processes 
for the control of nitrogen dioxide air emissions or 
sulfur dioxide emissions; 
‘‘(3) pollution control equipment and processes 
for the mitigation or collection of more than one pol-
lutant; 
‘‘(4) advanced combustion technology for the con-
trol of at least two pollutants, including mercury, 
particulate matter, nitrogen oxides, and sulfur diox-
ide, which may also be designed to improve the energy 
efficiency of the unit; and 
‘‘(5) advanced pollution control equipment and 
processes designed to allow use of the waste byprod-
ucts or other byproducts of the equipment or an elec-
trical generation unit designed to allow the use of by-
products. 
Funds appropriated under this subsection which are not 
awarded before fiscal year 2012 may be applied to projects 
under subsection (b), in addition to amounts authorized 
under subsection (b).
156 
‘‘(b) GENERATION PROJECTS.—There are authorized 
to be appropriated to the Secretary $250,000,000 for fiscal 
year 2007, $350,000,000 for fiscal year 2008, $400,000,000 
for fiscal year 2009, $400,000,000 for fiscal year 2010, 
$400,000,000 for fiscal year 2011, $400,000,000 for fiscal 
year 2012, and $300,000,000 for fiscal year 2013, to remain 
available until expended, for generation projects and air 
pollution control projects. Such projects may include— 
‘‘(1) coal-based electrical generation equipment 
and processes, including gasification combined cycle 
or other coal-based generation equipment and proc-
esses; 
‘‘(2) associated environmental control equipment, 
that will be cost-effective and that is designed to meet 
anticipated regulatory requirements; 
‘‘(3) coal-based electrical generation equipment 
and processes, including gasification fuel cells, gasifi-
cation coproduction, and hybrid gasification/combus-
tion projects; and 
‘‘(4) advanced coal-based electrical generation 
equipment and processes, including oxidation combus-
tion techniques, ultra-supercritical boilers, and chem-
ical looping, which the Secretary determines will be 
cost-effective and could substantially contribute to 
meeting anticipated environmental or energy needs.