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U.S. Code as of:
01/19/04
Section 8802. Definitions
As used in this chapter -
(1) The term "alcohol" means alcohol (including methanol and
ethanol) which is produced from biomass and which is suitable for
use by itself or in combination with other substances as a fuel
or as a substitute for petroleum or petrochemical feedstocks.
(2)(A) The term "biomass" means any organic matter which is
available on a renewable basis, including agricultural crops and
agricultural wastes and residues, wood and wood wastes and
residues, animal wastes, municipal wastes, and aquatic plants.
(B) For purposes of subchapter I of this chapter, such term
does not include municipal wastes; and for purposes of subchapter
III of this chapter, such term does not include aquatic plants
and municipal wastes.
(3) The term "biomass fuel" means any gaseous, liquid, or solid
fuel produced by conversion of biomass.
(4) The term "biomass energy" means -
(A) biomass fuel; or
(B) energy or steam derived from the direct combustion of
biomass for the generation of electricity, mechanical power, or
industrial process heat.
(5) The term "biomass energy project" means any facility (or
portion of a facility) located in the United States which is
primarily for -
(A) the production of biomass fuel (and byproducts); or
(B) the combustion of biomass for the purpose of generating
industrial process heat, mechanical power, or electricity
(including cogeneration).
(6) The term "Btu" means British thermal unit.
(7) The term "cogeneration" means the combined generation by
any facility of -
(A) electrical or mechanical power, and
(B) steam or forms of useful energy (such as heat) which are
used for industrial, commercial, heating, or cooling purposes.
(8) The term "cooperative" means any agricultural association,
as that term is defined in section 1141j(a) of title 12.
(9)(A) The term "construction" means -
(i) the construction or acquisition of any biomass energy
project;
(ii) the conversion of any facility to a biomass energy
project; or
(iii) the expansion or improvement of any biomass energy
project which increases the capacity or efficiency of that
facility to produce biomass energy.
(B) Such term includes -
(i) the acquisition of equipment and machinery for use in or
at the site of a biomass energy project; and
(ii) the acquisition of land and improvements thereon for the
construction, expansion, or improvement of such a project, or
the conversion of a facility to such a project.
(C) Such term does not include the acquisition of any facility
which was operated as a biomass energy project before the
acquisition.
(10) The term "Federal agency" means any Executive agency, as
defined in section 105 of title 5.
(11)(A) The term "financial assistance" means any of the
following forms of financial assistance provided under this
chapter, or any combination of such forms:
(i) loans,
(ii) loan guarantees,
(iii) price guarantees, and
(iv) purchase agreements.
(B) Such term includes any commitment to provide such
assistance.
(12) The term "Indian tribe" means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.] which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(13) The term "motor fuel" means gasoline, kerosene, and middle
distillates (including diesel fuel).
(14)(A) The term "municipal waste" means any organic matter,
including sewage, sewage sludge, and industrial or commercial
waste, and mixtures of such matter and inorganic refuse -
(i) from any publicly or privately operated municipal waste
collection or similar disposal system, or
(ii) from similar waste flows (other than such flows which
constitute agricultural wastes or residues, or wood wastes or
residues from wood harvesting activities or production of
forest products).
(B) Such term does not include any hazardous waste, as
determined by the Secretary of Energy for purposes of this
chapter.
(15)(A) The term "municipal waste energy project" means any
facility (or portion of a facility) located in the United States
primarily for -
(i) the production of biomass fuel (and byproducts) from
municipal waste; or
(ii) the combustion of municipal waste for the purpose of
generating steam or forms of useful energy, including
industrial process heat, mechanical power, or electricity
(including cogeneration).
(B) Such term includes any necessary transportation,
preparation, and disposal equipment and machinery for use in or
at the site of the facility involved.
(16) The term "Office of Alcohol Fuels" means the Office of
Alcohol Fuels established under section 8820 of this title.
(17) The term "person" means any individual, company,
cooperative, partnership, corporation, association, consortium,
unincorporated organization, trust, estate, or any entity
organized for a common business purpose, any State or local
government (including any special purpose district or similar
governmental unit) or any agency or instrumentality thereof, or
any Indian tribe or tribal organization.
(18) The term "State" means any of the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
(19) The term "small scale biomass energy project" means a
biomass energy project with an anticipated annual production
capacity of not more than 1,000,000 gallons of ethanol per year,
or its energy equivalent of other forms of biomass energy.
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