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‘‘(6) The term ‘combined heat and power sys-
tem’ means a facility— 
‘‘(A) that simultaneously and efficiently 
produces useful thermal energy and electricity; 
and 
‘‘(B) that recovers not less than 60 percent 
of the energy value in the fuel (on a lower-heat-
ing-value basis) in the form of useful thermal 
energy and electricity. 
‘‘(7) The terms ‘electric utility’, ‘State regu-
lated electric utility’, ‘nonregulated electric utility’ 
and other terms used in this Part have the same 
meanings as when such terms are used in title I of 
the Public Utility Regulatory Policies Act of 1978 
(relating to retail regulatory policies for electric utili-
ties). 
‘‘SEC. 373. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE
WASTE-ENERGY
INVENTORY 
PROGRAM.—The Administrator, in cooperation with State 
energy offices, shall establish a Recoverable Waste-Energy 
Inventory Program. The program shall include an ongoing 
survey of all major industrial and large commercial com-
bustion sources in the United States and the sites where 
these are located, together with a review of each for quan-
tity and quality of waste energy. 
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‘‘(b) CRITERIA.—The Administrator shall, within 120 
days after the enactment of this section, develop and pub-
lish proposed criteria subject to notice and comment, and 
within 270 days of enactment, establish final criteria, to 
identify and designate those sources and sites in the inven-
tory under subsection (a) where recoverable waste energy 
projects or combined heat and power system projects may 
have economic feasibility with a payback of invested costs 
within 5 years or less from the date of first full project 
operation (including incentives offered under this Part). 
Such criteria will include standards that insure that 
projects proposed for inclusion in the Registry are not de-
veloped for the primary purpose of making sales of excess 
electric power under the regulatory treatment provided 
under this Part. 
‘‘(c) TECHNICAL SUPPORT.—The Administrator shall 
provide to owners or operators of combustion sources tech-
nical support and offer partial funding (up to one-half of 
total costs) for feasibility studies to confirm whether or 
not investment in recovery of waste energy or combined 
heat and power at that source would offer a payback pe-
riod of 5 years or less. 
‘‘(d) REGISTRY.—(1) The Administrator shall, within 
one year after the enactment of this section, establish a 
Registry of Recoverable Waste-energy Sources, and sites 
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on which those sources are located, which meet the criteria 
set forth under subsection (b). The Administrator shall 
update the Registry on not less than a monthly basis, and 
make the Registry accessible to the public on the Environ-
mental Protection Agency web site. Any State or electric 
utility may contest the listing of any source or site by sub-
mitting a petition to the Administrator. 
‘‘(2) The Administrator shall register and include on 
the Registry all sites meeting the criteria of subsection (b). 
The Administrator shall calculate the total amounts of po-
tentially recoverable waste energy from sources at such 
sites, nationally and by State, and shall make such totals 
public, together with information on the air pollutant and 
greenhouse gas emissions savings that might be achieved 
with recovery of the waste energy from all sources and 
sites listed in the Registry. 
‘‘(3) The Administrator shall notify owners or opera-
tors of Recoverable Waste-Energy Sources and sites listed 
in the Registry prior to publishing the listing. The owner 
or operator of sources at such sites may elect to have de-
tailed quantitative information concerning that site not 
made public by notifying the Administrator of that elec-
tion. Information concerning that site shall be included in 
State totals unless there are fewer than 3 sites in the 
State. 
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‘‘(4) As waste energy projects achieve successful re-
covery of waste energy, the Administrator shall remove the 
related sites or sources from the Registry, and shall des-
ignate the removed projects as eligible for the incentive 
provisions provided under this Part and the regulatory 
treatment required by this Part. No project shall be re-
moved from the Registry without the consent of the owner 
or operator of the project if the owner or operator has 
submitted a petition under section 375 and such petition 
has not been acted upon or denied. 
‘‘(5) The Administrator shall not list any source con-
structed after the date of the enactment of this Part on 
the Registry if the Administrator determines that such 
source— 
‘‘(A) was developed for the primary purpose of 
making sales of excess electric power under the reg-
ulatory treatment provided under this Part; or 
‘‘(B) does not capture at least 60 percent of the 
total energy value of the fuels used (on a lower-heat-
ing-value basis) in the form of useful thermal en-
ergy, electricity, mechanical energy, chemical output, 
or some combination of them. 
‘‘(e) SELF-CERTIFICATION.—Owners, operators, or 
third-party developers of industrial waste-energy projects 
that qualify under standards established by the Adminis-
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standard, pursuant to its authority under otherwise appli-
cable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.— 
For purposes of this section, the standard referred to in 
subsection (a) shall provide that an owner or operator of 
a waste energy recovery project identified on the Registry 
who generates net excess power shall be eligible to benefit 
from at least one of the options described in subsection 
(c) for disposal of the net excess power in accordance with 
the rate conditions and limitations described in subsection 
(d). 
‘‘(c) OPTIONS.—The options referred to in subsection 
(b) are as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTIL-
ITY.—The electric utility shall purchase the net ex-
cess power from the owner or operator of the eligible 
waste-energy recovery project during the operation 
of the project under a contract entered into for that 
purpose. 
‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE 
TO THIRD PARTY.—The electric utility shall transmit 
the net excess power on behalf of the project owner 
or operator to up to three separate locations on that 
utility’s system for direct sale by that owner or oper-
ator to third parties at such locations. 
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