Energy Policy Act of 2005 42 USC §13201 et seq. (2005)

§ 13201

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

Page 7882

Sec.

PART C—OTHER COAL PROVISIONS
13361.

Clean coal technology export promotion and
interagency coordination.
13362.
Innovative clean coal technology transfer
program.
13363.
Conventional coal technology transfer.
13364.
Study of utilization of coal combustion byproducts.
13365.
Coal fuel mixtures.
13366.
National clearinghouse.
13367.
Coal exports.
13368.
Ownership of coalbed methane.
13369.
Establishment of data base and study of
transportation rates.
13370.
Authorization of appropriations.
SUBCHAPTER VII—GLOBAL CLIMATE CHANGE
13381.
13382.
13383.
13384.
13385.
13386.
13387.
13388.
13389.

13401.

Report.
Least-cost energy strategy.
Director of Climate Protection.
Assessment of alternative policy mechanisms
for addressing greenhouse gas emissions.
National inventory and voluntary reporting
of greenhouse gases.
Export of domestic energy resource technologies to developing countries.
Innovative environmental technology transfer program.
Global Climate Change Response Fund.
Greenhouse gas intensity reducing strategies.
SUBCHAPTER VIII—REDUCTION OF OIL
VULNERABILITY
Goals.

13478.
13479.

PART C—ADVANCED NUCLEAR REACTORS
13491.
13492.
13493.

Purposes and definitions.
Program, goals, and plan.
Commercialization of advanced light water
reactor technology.
13494.
Prototype demonstration of advanced nuclear
reactor technology.
13495.
Authorization of appropriations.
SUBCHAPTER X—ENERGY AND ECONOMIC
GROWTH

13501.
13502.

National Advanced Materials Program.
National Advanced Manufacturing Technologies Program.
13503.
Supporting research and technical analysis.
13504.
Math and science education program.
13505.
Integration of research and development.
13506.
Definitions.
SUBCHAPTER XI—POLICY AND ADMINISTRATIVE
PROVISIONS
13521.
13522.
13523.
13524.
13525.
13526.

PART A—OIL AND GAS SUPPLY ENHANCEMENT
13411.
13412.
13413.
13414.
13415.

Enhanced oil recovery.
Oil shale.
Natural gas supply.
Natural gas end-use technologies.
Midcontinent Energy Research Center.

PART B—OIL AND GAS DEMAND REDUCTION AND
SUBSTITUTION
13431.
13432.
13433.
13434.
13435.

General transportation.
Advanced automotive fuel economy.
Alternative fuel vehicle program.
Biofuels user facility.
Electric motor vehicles and associated equipment research and development.
13436.
Repealed.
13437.
Advanced diesel emissions program.
13438.
Telecommuting study.
SUBCHAPTER IX—ENERGY AND ENVIRONMENT

Omitted.
Spark M. Matsunaga Renewable Energy and
Ocean Technology Center.

Policy on major construction projects.
Energy Research, Development, Demonstration, and Commercial Application Advisory
Board.
Management plan.
Costs related to decommissioning and storage
and disposal of nuclear waste.
Limits on participation by companies.
Uncosted obligations.
SUBCHAPTER XII—MISCELLANEOUS
PART A—GENERAL PROVISIONS

13541.
13542.

Research, development, demonstration, and
commercial application activities.
Cost sharing.
PART B—OTHER MISCELLANEOUS PROVISIONS

13551.
13552.
13553.
13554.
13555.

Repealed.
Use of energy futures for fuel purchases.
Energy subsidy study.
Tar sands.
Consultative Commission on Western Hemisphere Energy and Environment.
13556.
Disadvantaged business enterprises.
13557.
Sense of Congress on risk assessments.
SUBCHAPTER XIII—CLEAN AIR COAL PROGRAM
13571.
13572.
13573.
13574.

Purposes.
Authorization of program.
Generation projects.
Air quality enhancement program.

PART A—IMPROVED ENERGY EFFICIENCY
13451.
13452.
13453.
13454.
13455.
13456.
13457.
13458.

General improved energy efficiency.
Natural gas and electric heating and cooling
technologies.
Pulp and paper.
Advanced buildings for 2005.
Electric drives.
Improving efficiency in energy-intensive industries.
Energy efficient environmental program.
Energy efficient lighting and building centers.
PART B—ELECTRICITY GENERATION AND USE

13471.
13472.
13473.
13474.
13475.
13476.
13477.

Renewable energy.
High efficiency heat engines.
Civilian nuclear waste.
Fusion energy.
Fuel cells.
Environmental restoration and waste management program.
High-temperature
superconductivity
program.

§ 13201. ‘‘Secretary’’ defined
For purposes of this Act, the term ‘‘Secretary’’ means the Secretary of Energy.
(Pub. L. 102–486, § 2, Oct. 24, 1992, 106 Stat. 2782.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 102–486, Oct.
24, 1992, 106 Stat. 2776, known as the Energy Policy Act
of 1992. For complete classification of this Act to the
Code, see Short Title note below and Tables.
SHORT TITLE
Pub. L. 102–486, § 1(a), Oct. 24, 1992, 106 Stat. 2776, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Energy Policy Act of 1992’.’’
EX. ORD. NO. 13211. ACTIONS CONCERNING REGULATIONS
THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE
Ex. Ord. No. 13211, May 18, 2001, 66 F.R. 28355, provided:

Page 7883

TITLE 42—THE PUBLIC HEALTH AND WELFARE

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to appropriately weigh and consider the effects of the Federal Government’s regulations on the supply, distribution, and use of energy, it
is hereby ordered as follows:
SECTION 1. Policy. The Federal Government can significantly affect the supply, distribution, and use of energy. Yet there is often too little information regarding
the effects that governmental regulatory action can
have on energy. In order to provide more useful energyrelated information and hence improve the quality of
agency decisionmaking, I am requiring that agencies
shall prepare a Statement of Energy Effects when
undertaking certain agency actions. As described more
fully below, such Statements of Energy Effects shall
describe the effects of certain regulatory actions on energy supply, distribution, or use.
SEC. 2. Preparation of a Statement of Energy Effects. (a)
To the extent permitted by law, agencies shall prepare
and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for
those matters identified as significant energy actions.
(b) A Statement of Energy Effects shall consist of a
detailed statement by the agency responsible for the
significant energy action relating to:
(i) any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should
the proposal be implemented, and
(ii) reasonable alternatives to the action with adverse energy effects and the expected effects of such
alternatives on energy supply, distribution, and use.
(c) The Administrator of the Office of Information
and Regulatory Affairs shall provide guidance to the
agencies on the implementation of this order and shall
consult with other agencies as appropriate in the implementation of this order.
SEC. 3. Submission and Publication of Statements. (a)
Agencies shall submit their Statements of Energy Effects to the Administrator of the Office of Information
and Regulatory Affairs, Office of Management and
Budget, whenever they present the related submission
under Executive Order 12866 of September 30, 1993 [5
U.S.C. 601 note], or any successor order.
(b) Agencies shall publish their Statements of Energy
Effects, or a summary thereof, in each related Notice of
Proposed Rulemaking and in any resulting Final Rule.
SEC. 4. Definitions. For purposes of this order:
(a) ‘‘Regulation’’ and ‘‘rule’’ have the same meaning
as they do in Executive Order 12866 [5 U.S.C. 601 note]
or any successor order.
(b) ‘‘Significant energy action’’ means any action by
an agency (normally published in the Federal Register)
that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of
inquiry, advance notices of proposed rulemaking, and
notices of proposed rulemaking:
(1)(i) that is a significant regulatory action under
Executive Order 12866 or any successor order, and
(ii) is likely to have a significant adverse effect on
the supply, distribution, or use of energy; or
(2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy action.
(c) ‘‘Agency’’ means any authority of the United
States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
SEC. 5. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency
action. This order is intended only to improve the internal management of the Federal Government and
does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
GEORGE W. BUSH.

§ 13201

EX. ORD. NO. 13212. ACTIONS TO EXPEDITE ENERGYRELATED PROJECTS
Ex. Ord. No. 13212, May 18, 2001, 66 F.R. 28357, as
amended by Ex. Ord. No. 13286, § 10, Feb. 28, 2003, 68 F.R.
10622; Ex. Ord. No. 13302, § 1, May 15, 2003, 68 F.R. 27429,
provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to take additional steps to expedite the increased supply and availability of energy to
our Nation, it is hereby ordered as follows:
SECTION 1. Policy. The increased production and transmission of energy in a safe and environmentally sound
manner is essential to the well-being of the American
people. In general, it is the policy of this Administration that executive departments and agencies (agencies) shall take appropriate actions, to the extent consistent with applicable law, to expedite projects that
will increase the production, transmission, or conservation of energy and projects that will strengthen pipeline safety.
SEC. 2. Actions to Expedite Energy-Related Projects. For
energy-related projects (including pipeline safety
projects), agencies shall expedite their review of permits or take other actions as necessary to accelerate
the completion of such projects, while maintaining
safety, public health, and environmental protections.
The agencies shall take such actions to the extent permitted by law and regulation, and where appropriate.
SEC. 3. Interagency Task Force. (a) There is established, within the Department of Energy for administrative purposes, an interagency task force (Task
Force) to perform the following functions:
(i) monitor and assist the agencies in their efforts to
expedite their reviews of permits or similar actions, as
necessary, to accelerate the completion of energy-related projects (including pipeline safety projects), increase energy production and conservation, and improve the transmission of energy;
(ii) monitor and assist agencies in setting up appropriate mechanisms to coordinate Federal, State, tribal,
and local permitting in geographic areas where increased permitting activity is expected; and
(iii) perform the functions of the interagency committee for which section 60133 of title 49, United States
Code, provides.
(b)(i) The Task Force shall consist exclusively of the
following members:
(A) in the performance of all Task Force functions set
out in sections 3(a)(i) and (ii) of this order, the Secretaries of State, the Treasury, Defense, Agriculture,
Housing and Urban Development, Commerce, Transportation, the Interior, Labor, Education, Health and
Human Services, Energy, and Veterans Affairs, the Attorney General, the Administrator of the Environmental Protection Agency, the Director of Central Intelligence, the Administrator of General Services, the
Director of the Office of Management and Budget, the
Chairman of the Council of Economic Advisers, the Assistant to the President for Domestic Policy, the Assistant to the President for Economic Policy, and such
other heads of agencies as the Chairman of the Council
on Environmental Quality may designate; and
(B) in the performance of the functions to which section 3(a)(iii) of this order refers, the officers listed in
section 60133(a)(2)(A)–(H) of title 49, United States
Code, and such other representatives of Federal agencies with responsibilities relating to pipeline repair
projects as the Chairman of the Council on Environmental Quality may designate.
(ii) A member of the Task Force may designate, to
perform the Task Force functions of the member, a
full-time officer or employee of that member’s agency
or office.
(c) The Chairman of the Council on Environmental
Quality shall chair the Task Force.
(d) Consultation in the implementation of this order
with State and local officials and other persons who are
not full-time or permanent part-time employees of the

§ 13211

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Federal Government shall be conducted in a manner
that elicits fully the individual views of each official or
other person consulted, without deliberations or efforts
to achieve consensus on advice or recommendations.
(e) This order shall be implemented in a manner consistent with the President’s constitutional authority to
supervise the unitary executive branch.
SEC. 4. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency
action. This order is intended only to improve the internal management of the Federal Government and
does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
GEORGE W. BUSH.

SUBCHAPTER I—ALTERNATIVE FUELS—
GENERAL
§ 13211. Definitions
For purposes of this subchapter, subchapter II,
and subchapter III (unless otherwise specified)—
(1) the term ‘‘Administrator’’ means the Administrator of the Environmental Protection
Agency;
(2) the term ‘‘alternative fuel’’ means methanol, denatured ethanol, and other alcohols;
mixtures containing 85 percent or more (or
such other percentage, but not less than 70
percent, as determined by the Secretary, by
rule, to provide for requirements relating to
cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and
other alcohols with gasoline or other fuels;
natural gas, including liquid fuels domestically produced from natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid
fuels; fuels (other than alcohol) derived from
biological materials; electricity (including
electricity from solar energy); and any other
fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits;
(3) ALTERNATIVE FUELED VEHICLE.—
(A) IN GENERAL.—The term ‘‘alternative
fueled vehicle’’ means a dedicated vehicle or
a dual fueled vehicle;
(B) INCLUSIONS.—The term ‘‘alternative
fueled vehicle’’ includes—
(i) a new qualified fuel cell motor vehicle
(as defined in section 30B(b)(3) of title 26);
(ii) a new advanced lean burn technology
motor vehicle (as defined in section
30B(c)(3) of that title);
(iii) a new qualified hybrid motor vehicle
(as defined in section 30B(d)(3) of that
title); and
(iv) any other type of vehicle that the
Administrator demonstrates to the Secretary would achieve a significant reduction in petroleum consumption.1
(4) the term ‘‘comparable conventionally
fueled motor vehicle’’ means a motor vehicle
which is, as determined by the Secretary—
(A) commercially available at the time the
comparability of the vehicle is being assessed;
(B) powered by an internal combustion engine that utilizes gasoline or diesel fuel as
its fuel source; and
1 So

in original. The period probably should be a semicolon.

Page 7884

(C) provides passenger capacity or payload
capacity the same or similar to the alternative fueled vehicle to which it is being
compared;
(5) ‘‘covered person’’ means a person that
owns, operates, leases, or otherwise controls—
(A) a fleet that contains at least 20 motor
vehicles that are centrally fueled or capable
of being centrally fueled, and are used primarily within a metropolitan statistical
area or a consolidated metropolitan statistical area, as established by the Bureau of
the Census, with a 1980 population of 250,000
or more; and
(B) at least 50 motor vehicles within the
United States;
(6) the term ‘‘dedicated vehicle’’ means—
(A) a dedicated automobile, as such term
is defined in section 32901(a)(7) 2 of title 49; or
(B) a motor vehicle, other than an automobile, that operates solely on alternative
fuel;
(7) the term ‘‘domestic’’ means derived from
resources within the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or any other
Commonwealth, territory, or possession of the
United States, including the outer Continental
Shelf, as such term is defined in the Outer
Continental Shelf Lands Act [43 U.S.C. 1331 et
seq.], or from resources within a Nation with
which there is in effect a free trade agreement
requiring national treatment for trade;
(8) the term ‘‘dual fueled vehicle’’ means—
(A) dual fueled automobile, as such term is
defined in section 32901(a)(8) 2 of title 49; or
(B) a motor vehicle, other than an automobile, that is capable of operating on alternative fuel and is capable of operating on
gasoline or diesel fuel;
(9) the term ‘‘fleet’’ means a group of 20 or
more light duty motor vehicles, used primarily in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with
a 1980 population of more than 250,000, that are
centrally fueled or capable of being centrally
fueled and are owned, operated, leased, or
otherwise controlled by a governmental entity
or other person who owns, operates, leases, or
otherwise controls 50 or more such vehicles, by
any person who controls such person, by any
person controlled by such person, and by any
person under common control with such person, except that such term does not include—
(A) motor vehicles held for lease or rental
to the general public;
(B) motor vehicles held for sale by motor
vehicle dealers, including demonstration
motor vehicles;
(C) motor vehicles used for motor vehicle
manufacturer product evaluations or tests;
(D) law enforcement motor vehicles;
(E) emergency motor vehicles, including
vehicles directly used in the emergency re2 See

References in Text note below.