-CITE-

42 USC CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

-HEAD-

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

8301. Findings; statement of purposes.

(a) Findings.

(b) Statement of purposes.

8302. Definitions.

(a) Generally.

(b) Special rules relating to definitions of

natural gas and alternate fuel.

8303. Territorial application.

SUBCHAPTER II - NEW FACILITIES

PART A - PROHIBITIONS

8311. Coal capability of new electric powerplants;

certification of compliance.

(a) General prohibition.

(b) Capability to use coal or alternate fuel.

(c) Applicability to base load powerplants.

(d) Self-certification.

8312. Repealed.

PART B - EXEMPTIONS

8321. Temporary exemptions.

(a) General exemption due to lack of alternate fuel

supply, site limitations, or environmental

requirements.

(b) Temporary exemption based upon future use of

synthetic fuels.

(c), (d) Repealed.

(e) Duration of temporary exemptions.

8322. Permanent exemptions.

(a) Permanent exemption due to lack of alternate

fuel supply, site limitations, environmental

requirements, or adequate capital.

(b) Permanent exemption due to certain State or

local requirements.

(c) Permanent exemption for cogeneration.

(d) Permanent exemption for certain mixtures

containing natural gas or petroleum.

(e) Permanent exemption for emergency purposes.

(f) Permanent exemption for powerplants necessary

to maintain reliability of service.

8323. General requirements for exemptions.

(a) Use of mixtures or fluidized bed combustion not

feasible.

(b) State approval required for powerplant.

(c) No alternative power supply in the case of a

powerplant.

8324. Terms and conditions; compliance plans.

(a) Terms and conditions generally.

(b) Compliance plans.

SUBCHAPTER III - EXISTING FACILITIES

PART A - PROHIBITIONS

8341. Existing electric powerplants.

(a) Certification by powerplants of coal

capability.

(b) Authority of Secretary to prohibit where coal

or alternate fuel capability exists.

(c) Authority of Secretary to prohibit excessive

use in mixtures.

(d) Amendment of subsection (a) and (c)

certifications.

8342. Repealed.

8343. Rules relating to case-by-case and category

prohibitions.

(a) Case-by-case prohibitions.

(b) Prohibitions applicable to categories of

facilities.

PART B - EXEMPTIONS

8351. Temporary exemptions.

(a) Temporary exemption due to lack of alternate

fuel supply, site limitations, or

environmental requirements.

(b) Temporary exemption based upon future use of

synthetic fuels.

(c) Temporary exemption based upon use of

innovative technologies.

(d) Temporary exemption for units to be retired.

(e) Temporary public interest exemption.

(f) Temporary exemption for peakload powerplants.

(g) Temporary exemption for powerplants where

necessary to maintain reliability of service.

(h) Duration of temporary exemptions.

8352. Permanent exemptions.

(a) Permanent exemption due to lack of alternate

fuel supply, site limitations, or

environmental requirements.

(b) Permanent exemption due to certain State or

local requirements.

(c) Permanent exemption for cogeneration.

(d) Permanent exemption for certain fuel mixtures

containing natural gas or petroleum.

(e) Permanent exemption for emergency purposes.

(f) Permanent exemption for peakload powerplants.

(g) Permanent exemption for intermediate load

powerplants.

(h) Permanent exemption for use of natural gas by

certain powerplants with capacities of less

than 250 million Btu's per hour.

(i) Permanent exemption for use of LNG by certain

powerplants.

8353. General requirements for exemptions.

(a) Use of mixtures or fluidized bed combustion not

feasible.

(b) No alternative power supply in case of a

powerplant.

8354. Terms and conditions; compliance plans.

(a) Terms and conditions generally.

(b) Compliance plans.

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

8371, 8372. Repealed

8373. Conservation in Federal facilities, contracts, and

financial assistance programs.

(a) Federal facilities.

(b) Federal contracts and financial assistance.

8374. Emergency authorities.

(a) Coal allocation authority.

(b) Emergency prohibition on use of natural gas or

petroleum.

(c) Emergency stays.

(d) Duration of emergency orders.

(e) Delegation of authority prohibited.

(f) Publication and reports to Congress of orders.

8375. Repealed.

SUBCHAPTER V - SYSTEM COMPLIANCE OPTION

8391. Repealed.

SUBCHAPTER VI - FINANCIAL ASSISTANCE

8401. Assistance to areas impacted by increased coal or

uranium production.

(a) Designation of impacted areas.

(b) Planning grants.

(c) Land acquisition and development grants.

(d) General requirements regarding assistance.

(e) "Coal or uranium development activities" and

"site development" defined.

(f) Reports.

(g) Administration.

(h) Appropriations authorization.

(i) Protection from certain hazardous actions.

(j) Reorganization.

8401a. "Local government" defined.

8402. Loans to assist powerplant acquisitions of air

pollution control equipment.

(a) Authority to make loans.

(b) Limitations and conditions.

(c) Allocation and priorities.

(d) Definitions.

(e) Records.

(f) Default.

(g) Deposit of receipts.

(h) Authorization of appropriation.

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

PART A - PROCEDURES

8411. Administrative procedures.

(a) General rulemaking.

(b) Notices of rules and orders imposing

prohibitions.

(c) Petitions for exemptions.

(d) Public comment on prohibitions and exemptions.

(e) Transcript.

(f) Environmental Protection Agency comment.

(g) Repealed.

(h) Coordination with other provisions of law.

8412. Judicial review.

(a) Publication and delay of prohibition or

exemption to allow for review.

(b) Publication of denial of exemption or permit.

(c) Judicial review.

PART B - INFORMATION AND REPORTING

8421. Information.

(a) Authority of Secretary.

(b) Authority of President and Federal Energy

Regulatory Commission.

(c) Natural gas usage by electric utilities.

8422. Compliance report.

(a) Generally.

(b) Report on implementation of section 8484 Plan.

PART C - ENFORCEMENT

8431. Notice of violation; other general provisions.

(a) Notice of violation.

(b) Individual liability of corporate personnel.

(c) Repealed.

(d) Federal agencies.

8432. Criminal penalties.

8433. Civil penalties.

(a) General civil penalty.

(b) Civil penalty for operation in excess of

exemption.

(c) Repealed.

(d) Assessment.

8434. Injunctions and other equitable relief.

8435. Citizens suits.

(a) General rule.

(b) Notice to Secretary or agency head.

(c) Authority of Secretary to intervene.

(d) Costs of litigation.

(e) Other remedies to remain available.

PART D - PRESERVATION OF CONTRACTUAL RIGHTS

8441. Preservation of contractual interest.

(a) Right to transfer contractual interests.

(b) Determination of consideration.

(c) Restrictions on transfers unenforceable.

(d) Contractual obligations unaffected.

(e) Definitions.

(f) Coordination with Natural Gas Act.

(g) Volume limitation.

(h) Judicial review.

PART E - STUDIES

8451. National coal policy study.

(a) Study.

(b) Report.

(c) Authorization of appropriations.

8452. Repealed.

8453. Impact on employees.

(a) Evaluation.

(b) Investigation and hearings.

(c) Rule of construction.

8454. Study of compliance problem of small electric utility

systems.

(a) Study.

(b) Authorization of appropriations.

8455. Repealed.

8456. Socioeconomic impacts of increased coal production and

other energy development.

(a) Committee.

(b) Functions of committee.

(c) Report.

8457. Use of petroleum and natural gas in combustors.

PART F - APPROPRIATIONS AUTHORIZATION

8461. Authorization of appropriations.

PART G - COORDINATION WITH OTHER PROVISIONS OF LAW

8471. Effect on environmental requirements.

(a) Compliance with applicable environmental

requirements.

(b) Local environmental requirements.

8472. Effect of orders under section 792 of title 15.

(a) Effect of construction orders.

(b) Effect of prohibition orders.

(c) Validity of orders.

8473. Environmental impact statements under section 4332 of

this title.

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

8481, 8482. Repealed.

8483. Submission of reports.

8484. Electric utility conservation plan.

(a) Applicability.

(b) Submission and approval of plan.

(c) Contents of plan.

(d) Plan approval.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 717y.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 8301 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8301. Findings; statement of purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) the protection of public health and welfare, the

preservation of national security, and the regulation of

interstate commerce require the establishment of a program for

the expended (!1) use, consistent with applicable environmental

requirements, of coal and other alternate fuels as primary energy

sources for existing and new electric powerplants; and

(2) the purposes of this chapter are furthered in cases in

which coal or other alternate fuels are used by electric

powerplants, consistent with applicable environmental

requirements, as primary energy sources in lieu of natural gas or

petroleum.

(b) Statement of purposes

The purpose (!2) of this chapter, which shall be carried out in a

manner consistent with applicable environmental requirements, are -

(1) to reduce the importation of petroleum and increase the

Nation's capability to use indigenous energy resources of the

United States to the extent such reduction and use further the

goal of national energy self-sufficiency and otherwise are in the

best interests of the United States;

(2) to encourage and foster the greater use of coal and other

alternate fuels, in lieu of natural gas and petroleum, as a

primary energy source;

(3) to the extent permitted by this chapter, to encourage the

use of synthetic gas derived from coal or other alternate fuels;

(4) to encourage the rehabilitation and upgrading of railroad

service and equipment necessary to transport coal to regions or

States which can use coal in greater quantities;

(5) to encourage the modernization or replacement of existing

and new electric powerplants which utilize natural gas or

petroleum as a primary energy source and which cannot utilize

coal or other alternate fuels where to do so furthers the

conservation of natural gas and petroleum;

(6) to require that existing and new electric powerplants which

utilize natural gas, petroleum, or coal or other alternate fuels

pursuant to this chapter comply with applicable environmental

requirements;

(7) to insure that all Federal agencies utilize their

authorities fully in furtherance of the purposes of this chapter

by carrying out programs designed to prohibit or discourage the

use of natural gas and petroleum as a primary energy source and

by taking such actions as lie within their authorities to

maximize the efficient use of energy and conserve natural gas and

petroleum in programs funded or carried out by such agencies;

(8) to insure that adequate supplies of natural gas are

available for essential agricultural uses (including crop drying,

seed drying, irrigation, fertilizer production, and production of

essential fertilizer ingredients for such uses);

(9) to reduce the vulnerability of the United States to energy

supply interruptions; and

(10) to regulate interstate commerce.

-SOURCE-

(Pub. L. 95-620, title I, Sec. 102, Nov. 9, 1978, 92 Stat. 3291;

Pub. L. 100-42, Sec. 1(c)(1), May 21, 1987, 101 Stat. 310.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-620, Nov. 9, 1978, 92 Stat. 3289, as

amended, known as the Powerplant and Industrial Fuel Use Act of

1978, which enacted this chapter, amended sections 6211 and 7193 of

this title, section 796 of Title 15, Commerce and Trade, section

1202 of Title 19, Customs Duties, sections 821, 822, and 825 of

Title 45, Railroads, and section 26b of former Title 49,

Transportation, and enacted provisions set out as notes under this

section and section 822 of Title 45. For complete classification of

this Act to the Code, see Short Title note set out below and

Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1), (2). Pub. L. 100-42, Sec. 1(c)(1)(A),

struck out "and major fuel-burning installations" after "electric

powerplants".

Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(1)(B), redesignated

par. (3) as (2) and struck out former par. (2) relating to

conservation of natural gas and petroleum for uses for which there

are no alternatives.

Subsec. (b)(3), (4). Pub. L. 100-42, Sec. 1(c)(1)(B),

redesignated pars. (4) and (5) as (3) and (4), respectively. Former

par. (3) redesignated (2).

Subsec. (b)(5). Pub. L. 100-42, Sec. 1(c)(1), redesignated par.

(7) as (5) and struck out "and major fuel-burning installations"

after "electric powerplants". Former par. (5) redesignated (4).

Subsec. (b)(6). Pub. L. 100-42, Sec. 1(c)(1), redesignated par.

(8) as (6) and struck out "and major fuel-burning installations"

after "electric powerplants", and struck out former par. (6) which

related to prohibition or minimization of use of natural gas and

petroleum as a primary energy source.

Subsec. (b)(7) to (10). Pub. L. 100-42, Sec. 1(c)(1)(B),

redesignated former pars. (9) to (12) as (7) to (10), respectively.

Former pars. (7) and (8) redesignated (5) and (6), respectively.

EFFECTIVE DATE

Section 901 of Pub. L. 95-620 provided that: "Unless otherwise

provided in this Act [see Short Title note set out below] the

provisions of this Act shall take effect 180 days after the date of

the enactment of this Act [Nov. 9, 1978], except that the Secretary

may issue rules pursuant to such provisions at any time after such

date of enactment, which rules may take effect no earlier than 180

days after such date of enactment."

SHORT TITLE

Section 101(a) of Pub. L. 95-620 provided that: "This Act

[enacting this chapter, amending sections 6211 and 7193 of this

title, section 796 of Title 15, Commerce and Trade, section 1202 of

Title 19, Customs Duties, sections 821, 822 and 825 of Title 45,

Railroads, and section 26b of former Title 49, Transportation, and

enacting provisions set out as notes under this section and section

822 of Title 45] may be cited as the 'Powerplant and Industrial

Fuel Use Act of 1978'."

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AND TEMPORARY EXEMPTION

ISSUED UNDER SECTION 8321(D) AS EFFECTIVE PRIOR TO 180 DAYS AFTER

NOVEMBER 9, 1978

Section 902 of Pub. L. 95-620 provided that:

"(a) Exemptions in the Case of Certain Powerplants. - In the case

of -

"(1) any electric powerplant which, as of April 20, 1977, has

received a final decision from the appropriate State agency

authorizing the construction of such powerplant, and

"(2) any electric powerplant (A) consisting of one or more

combined cycle units owned or operated by an electric utility

which serves at least 2,000,000 customers and (B) for which an

application has been filed for at least one year before the date

of the enactment of this Act [Nov. 9, 1978] with the appropriate

State agency for authorization to construct such powerplant,

the Secretary may receive, consider, and grant (or deny) any

petition for an exemption under title II or III [subchapters II and

III of this chapter] notwithstanding section 901 [section 901 of

Pub. L. 95-620, set out as a note above] or the fact that all rules

related to such petition have not been prescribed at the time.

"(b) Exemptions Under Section 211(d). - The Secretary may

receive, consider, and grant (or deny) any petition for any

exemption under section 211(d) [section 8321(d) of this title]

notwithstanding section 901 [section 901 of Pub. L. 95-620, set out

as a note above], or the fact that all rules related to such

petition have not been prescribed at the time."

-FOOTNOTE-

(!1) So in original. Probably should be "expanded".

(!2) So in original. Probably should be "purposes".

-End-

-CITE-

42 USC Sec. 8302 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8302. Definitions

-STATUTE-

(a) Generally

Unless otherwise expressly provided, for the purposes of this

chapter -

(1) The term "Secretary" means the Secretary of Energy.

(2) The term "person" means any (A) individual, corporation,

company, partnership, association, firm, institution, society,

trust, joint venture, or joint stock company, (B) any State, the

District of Columbia, Puerto Rico, and any territory or

possession of the United States, or (C) any agency or

instrumentality (including any municipality) thereof.

(3)(A) Except as provided in subparagraph (B), the term

"natural gas" means any fuel consisting in whole or in part of -

(i) natural gas;

(ii) liquid petroleum gas;

(iii) synthetic gas derived from petroleum or natural gas

liquids; or

(iv) any mixture of natural gas and synthetic gas.

(B) The term "natural gas" does not include -

(i) natural gas which is commercially unmarketable (either by

reason of quality or quantity), as determined under rules

prescribed by the Secretary;

(ii) natural gas produced by the user from a well the maximum

efficient production rate of which is less than 250 million

Btu's per day;

(iii) natural gas to the extent the exclusion of such gas is

provided for in subsection (b) of this section; or

(iv) synthetic gas, derived from coal or other alternate

fuel, the heat content of which is less than 600 Btu's per

cubic foot at 14.73 pounds per square inch (absolute) and 60

degrees Fahrenheit.

(4) The term "petroleum" means crude oil and products derived

from crude oil, other than -

(A) synthetic gas derived from crude oil;

(B) liquid petroleum gas;

(C) liquid, solid, or gaseous waste byproducts of refinery

operations which are commercially unmarketable, either by

reason of quality or quantity, as determined under rules

prescribed by the Secretary; or

(D) petroleum coke or waste gases from industrial operations.

(5) The term "coal" means anthracite and bituminous coal,

lignite, and any fuel derivative thereof.

(6) The term "alternate fuel" means electricity or any fuel,

other than natural gas or petroleum, and includes -

(A) petroleum coke, shale oil, uranium, biomass, and

municipal, industrial, or agricultural wastes, wood, and

renewable and geothermal energy sources;

(B) liquid, solid, or gaseous waste byproducts of refinery or

industrial operations which are commercially unmarketable,

either by reason of quality or quantity, as determined under

rules prescribed by the Secretary; and

(C) waste gases from industrial operations.

(7)(A) The terms "electric powerplant" and "powerplant" mean

any stationary electric generating unit, consisting of a boiler,

a gas turbine, or a combined cycle unit, which produces electric

power for purposes of sale or exchange and -

(i) has the design capability of consuming any fuel (or

mixture thereof) at a fuel heat input rate of 100 million Btu's

per hour or greater; or

(ii) is in a combination of two or more electric generating

units which are located at the same site and which in the

aggregate have a design capability of consuming any fuel (or

mixture thereof) at a fuel heat input rate of 250 million Btu's

per hour or greater.

(B) For purposes of subparagraph (A), the term "electric

generating unit" does not include -

(i) any electric generating unit subject to the licensing

jurisdiction of the Nuclear Regulatory Commission; and

(ii) any cogeneration facility, less than half of the annual

electric power generation of which is sold or exchanged for

resale, as determined by the Secretary.

(C) For purposes of clause (ii) of subparagraph (A), there

shall be excluded any unit which has a design capability to

consume any fuel (including any mixture thereof) that does not

equal or exceed 100 million Btu's per hour and the exclusion of

which for purposes of such clause is determined by the Secretary,

by rule, to be appropriate.

(8) The term "new electric powerplant" means -

(A) any electric powerplant for which construction or

acquisition began on a date on or after November 9, 1978; and

(B) any electric powerplant for which construction or

acquisition began on a date after April 20, 1977, and before

November 9, 1978, unless the Secretary finds the construction

or acquisition of such powerplant could not be canceled,

rescheduled, or modified to comply with the applicable

requirements of this chapter without -

(i) adversely affecting electric system reliability (as

determined by the Secretary after consultation with the

Federal Energy Regulatory Commission and the appropriate

State authority), or

(ii) imposing substantial financial penalty (as determined

under rules prescribed by the Secretary).

(9)(A) The term "existing electric powerplant" means any

electric powerplant other than a new electric powerplant.

(B) Any powerplant treated under this chapter as an existing

electric powerplant shall not be treated thereafter as a new

electric powerplant merely by reason of a transfer of ownership.

(10)(A) The terms "major fuel-burning installation" and

"installation" means a stationary unit consisting of a boiler,

gas turbine unit, combined cycle unit, or internal combustion

engine which -

(i) has a design capability of consuming any fuel (or mixture

thereof) at a fuel heat input rate of 100 million Btu's per

hour or greater; or

(ii) is in a combination of two or more such units which are

located at the same site and which in the aggregate have a

design capability of consuming any fuel (or mixture thereof) at

a fuel heat input rate of 250 million Btu's per hour or

greater.

(B) The terms "major fuel-burning installation" and

"installation" do not include -

(i) any electric powerplant; or

(ii) any pump or compressor used solely in connection with

the production, gathering, transmission, storage, or

distribution of gases or liquids, but only if there is

certification to the Secretary of such use (in accordance with

rules prescribed by the Secretary).

(C) For purposes of clause (ii) of subparagraph (A), there

shall be excluded any unit which has a design capability to

consume any fuel (including any mixture thereof) that does not

equal or exceed 100 million Btu's per hour and the exclusion of

which for purposes of such clause is determined by the Secretary,

by rule to be appropriate.

(11) The term "new major fuel-burning installation" means -

(A) any major fuel-burning installation on which construction

or acquisition began on a date on or after November 9, 1978;

and

(B) any major fuel-burning installation on which construction

or acquisition began on a date after April 20, 1977, and before

November 9, 1978, unless the Secretary finds the construction

or acquisition of such installation could not be canceled,

rescheduled, or modified to comply with applicable requirements

of this chapter without -

(i) incurring significant operational detriment of the unit

(as determined by the Secretary); or

(ii) imposing substantial financial penalty (as determined

under rules prescribed by the Secretary).

(12)(A) The term "existing major fuel-burning installation"

means any installation which is not a new major fuel-burning

installation.

(B) Such term does not include a major fuel-burning

installation for the extraction of mineral resources located -

(i) on or above the Continental Shelf of the United States,

or

(ii) on wetlands areas adjacent to the Continental Shelf of

the United States,

where coal storage is not practicable or would produce adverse

effects on environmental quality.

(C) Any installation treated as an existing major fuel-burning

installation shall not be treated thereafter as a new major

fuel-burning installation merely by reason of a transfer of

ownership.

(13) The term "construction or acquisition began" means, when

used with reference to a certain date, that -

(A) construction in accordance with final drawings or

equivalent design documents (as defined by the Secretary, by

rule) began on or after that date; or

(B)(i) construction or acquisition had been contracted for on

or after that date, or (ii) if the construction or acquisition

had been contracted for before such date, such construction or

acquisition could be canceled, rescheduled, or modified to

comply with the applicable requirements of this chapter -

(I) without imposing substantial financial penalty, as

determined under rules prescribed by the Secretary; and

(II) in the case of a powerplant, without adversely

affecting electric system reliability (as determined by the

Secretary after consultation with the Federal Energy

Regulatory Commission and the appropriate State authority).

(14) The term "construction" means substantial onsite

construction or reconstruction, as defined by rule by the

Secretary.

(15) The term "primary energy source" means the fuel or fuels

used by any existing or new electric powerplant, except it does

not include, as determined under rules prescribed by the

Secretary -

(A) the minimum amounts of fuel required for unit ignition,

startup, testing, flame stabilization, and control uses, and

(B) the minimum amounts of fuel required to alleviate or

prevent (i) unanticipated equipment outages and (ii)

emergencies directly affecting the public health, safety, or

welfare which would result from electric power outages.

(16) The term "site limitation" means, when used with respect

to any powerplant, any specific physical limitation associated

with a particular site which relates to the use of coal or other

alternate fuels as a primary energy source for such powerplant,

such as -

(A) inaccessibility to coal or other alternate fuels;

(B) lack of transportation facilities for coal or other

alternate fuels;

(C) lack of adequate land or facilities for the handling,

use, and storage of coal or other alternate fuels;

(D) lack of adequate land or facilities for the control or

disposal of wastes from such powerplant, including lack of

pollution control equipment or devices necessary to assure

compliance with applicable environmental requirements; and

(E) lack of an adequate and reliable supply of water,

including water for use in compliance with applicable

environmental requirements.

(17) The term "applicable environmental requirements" includes

-

(A) any standard, limitation, or other requirement

established by or pursuant to Federal or State law (including

any final order of any Federal or State court) applicable to

emissions of environmental pollutants (including air and water

pollutants) or disposal of solid waste residues resulting from

the use of coal or other alternate fuels or natural gas or

petroleum as a primary energy source or from the operation of

pollution control equipment in connection with such use, taking

into account any variance of law granted or issued in

accordance with Federal law or in accordance with State law to

the extent consistent with Federal law; and

(B) any other standard, limitation, or other requirement

established by, or pursuant to, the Clean Air Act [42 U.S.C.

7401 et seq.], the Federal Water Pollution Control Act [33

U.S.C. 1251 et seq.], the Solid Waste Disposal Act [42 U.S.C.

6901 et seq.], or the National Environmental Policy Act of 1969

[42 U.S.C. 4321 et seq.].

(18)(A) The term "peakload powerplant" means a powerplant the

electrical generation of which in kilowatt hours does not exceed,

for any 12-calendar-month period, such powerplant's design

capacity multiplied by 1,500 hours.

(B) The term "intermediate load powerplant" means a powerplant

(other than a peakload powerplant), the electrical generation of

which in kilowatt hours does not exceed, for any

12-calendar-month period, such powerplant's design capacity

multiplied by 3,500 hours.

(C) The term "base load powerplant" means a powerplant the

electrical generation of which in kilowatt hours exceeds, for any

12-calendar-month period, such powerplant's design capacity

multiplied by 3,500 hours.

(D) Not later than 90 days after November 9, 1978, the Federal

Energy Regulatory Commission shall prescribe rules under which a

powerplant's design capacity may be determined for purposes of

this paragraph.

(19) the (!1) term "cogeneration facility" means an electric

powerplant which produces -

(A) electric power; and

(B) any other form of useful energy (such as steam, gas, or

heat) which is, or will be, used for industrial, commercial, or

space heating purposes.

(20) The term "cost", unless the context indicates otherwise,

means total costs (both operating and capital) incurred over the

estimated remaining useful life of an electric powerplant,

discounted to present value, as determined by the Secretary (in

the case of powerplants, in consultation with the State

regulatory authorities). In the case of an electric powerplant,

such costs shall take into account any change required in the use

of existing electric powerplants in the relevant dispatching

system and other economic factors which are included in planning

for the production, transmission, and distribution of electric

power within such system.

(21) The term "State regulatory authority" means any State

agency which has ratemaking authority with respect to the sale of

electricity by any State regulated electric utility.

(22) The term "air pollution control agency" has the same

meaning as given such term by section 302(b) of the Clean Air Act

[42 U.S.C. 7602(b)].

(23) The term "electric utility" means any person, including

any affiliate, or Federal agency which sells electric power.

(24) The term "affiliate", when used in relation to a person,

means another person which controls, is controlled by, or is

under common control with, such person.

(25) The term "Federal agency" means each authority of the

Government of the United States, whether or not it is within or

subject to review by another agency, but does not include -

(A) the Congress;

(B) the courts of the United States;

(C) the governments of the territories or possessions of the

United States; and

(D) the government of the District of Columbia.

(26) The term "Btu" means British thermal unit.

(27) the term "Mcf" means, when used in relation to natural

gas, 1,000 cubic feet of natural gas.

(28) The term "mixture", when used in relation to fuels used in

a unit, means a mixture of such fuels or a combination of such

fuels used simultaneously or alternately in such unit.

(29) The term "fluidized bed combustion" means combustion of

fuel in connection with a bed of inert material, such as

limestone or dolomite, which is held in a fluid-like state by the

means of air or other gases being passed through such materials.

(b) Special rules relating to definitions of natural gas and

alternate fuel

(1) Subject to paragraph (2), natural gas which is to be used by

a powerplant shall for purposes of this chapter (other than this

subsection), be excluded from the definition of "natural gas" under

subsection (a)(3)(B)(iii) of this section and shall be included

within the definition of "alternate fuel" under subsection (a)(6)

of this section if the person proposing to use such natural gas

certifies to the Secretary (together with such supporting documents

as the Secretary may require) that -

(A) such person owns, or is entitled to receive, at the point

of manufacture, synthetic gas derived from coal or another

alternate fuel;

(B) the Btu content of such synthetic gas is equal to, or

greater than, the Btu content of the natural gas to be covered by

this subsection by reason of such certification, plus the

approximate Btu content of any natural gas consumed or lost in

transportation;

(C) such person delivers, or arranges for the delivery of, such

synthetic gas to a pipeline or pipelines which by transport or

displacement are capable of delivering such synthetic gas, mixed

with natural gas, to such person; and

(D) all necessary permits, licenses, or approvals from

appropriate Federal, State, and local agencies (including Indian

tribes) have been obtained for construction and operation of the

facilities for the manufacture of the synthetic gas involved.

(2) The application of paragraph (1) with respect to the use of

natural gas by any powerplant shall be conditioned on the person

using such natural gas submitting to the Secretary a report not

later than one year after certification is made under paragraph

(1), and annually thereafter, containing the following information:

(A) the source, amount, quality, and point of delivery to the

pipeline of the synthetic gas to which paragraph (1) applied

during the annual period ending with the calendar month preceding

the date of such report; and

(B) the amount, quality, and point of delivery by the pipeline

to such person of the natural gas covered by paragraph (1) which

is used by the person during such annual period.

(3) Repealed. Pub. L. 100-42, Sec. 1(c)(2)(H), May 21, 1987, 101

Stat. 310.

(4) For purposes of this subsection, the term "pipeline" means

any interstate or intrastate pipeline or local distribution

company.

-SOURCE-

(Pub. L. 95-620, title I, Sec. 103, Nov. 9, 1978, 92 Stat. 3292;

Pub. L. 100-42, Sec. 1(c)(2), May 21, 1987, 101 Stat. 310.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (a)(17)(B), is act July

14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(a)(17)(B), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (a)(17)(B),

is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as

amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90

Stat. 2795, which is classified generally to chapter 82 (Sec. 6901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6901 of this

title and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(17)(B), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 4321 of this

title and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(13)(B)(ii). Pub. L. 100-42, Sec. 1(c)(2)(A),

inserted "and" at end of subcl. (I), substituted period for "; or"

at end of subcl. (II), and struck out subcl. (III) which read as

follows: "in the case of a major fuel-burning installation, without

incurring significant operational detriment of the unit (as

determined by the Secretary)."

Subsec. (a)(15). Pub. L. 100-42, Sec. 1(c)(2)(B), struck out "or

major fuel-burning installation" after "electric powerplant".

Subsec. (a)(16). Pub. L. 100-42, Sec. 1(c)(2)(C), struck out "or

installation" after "any powerplant" in introductory provisions and

after "such powerplant" in introductory provisions and subpar. (D).

Subsec. (a)(19). Pub. L. 100-42, Sec. 1(c)(2)(D), struck out "or

a major fuel-burning installation" after "electric powerplant".

Subsec. (a)(20). Pub. L. 100-42, Sec. 1(c)(2)(E), struck out "or

major fuel-burning installation" after "life of an electric

powerplant".

Subsec. (b)(1). Pub. L. 100-42, Sec. 1(c)(2)(F), struck out "or

major fuel-burning installation" after "used by a powerplant" in

introductory provisions.

Subsec. (b)(1)(D). Pub. L. 100-42, Sec. 1(c)(2)(G), substituted a

period for ", except that for purposes of the prohibition under

section 8311(2) of this title against powerplants being constructed

without the capability of using coal or another alternate fuel,

only permits, licenses, and approvals for the construction of such

synthetic gas facilities shall be required under this subparagraph

to be certified and documented."

Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(2)(F), struck out "or

major fuel-burning installation" after "by any powerplant" in

introductory provisions.

Subsec. (b)(3). Pub. L. 100-42, Sec. 1(c)(2)(H), struck out par.

(3) which read as follows: "In the case of any boiler subject to a

prohibition under section 8371 of this title, the preceding

provisions of this subsection shall apply with respect to such

boiler to the same extent and in the same manner as they apply in

the case of major fuel-burning installations."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 717z.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 8303 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8303. Territorial application

-STATUTE-

The provisions of this chapter shall only apply within the

contiguous 48 States and the District of Columbia.

-SOURCE-

(Pub. L. 95-620, title I, Sec. 104, Nov. 9, 1978, 92 Stat. 3298;

Pub. L. 100-42, Sec. 1(c)(3), May 21, 1987, 101 Stat. 311.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-42 amended section generally. Prior to

amendment, section read as follows: "The provisions of this chapter

shall apply in all the States, Puerto Rico, and the territories and

possessions of the United States, except that -

"(1) the provisions of subchapters II and III of this chapter

(other than section 8341 of this title) shall only apply to

powerplants and installations situated within the contiguous 48

States, Alaska, and the District of Columbia; and

"(2) the provisions of section 8341 of this title shall only

apply to powerplants situated within the contiguous 48 States and

the District of Columbia."

-End-

-CITE-

42 USC SUBCHAPTER II - NEW FACILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

-HEAD-

SUBCHAPTER II - NEW FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8472 of this title.

-End-

-CITE-

42 USC Part A - Prohibitions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part A - Prohibitions

-HEAD-

PART A - PROHIBITIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 8321, 8322 of this title.

-End-

-CITE-

42 USC Sec. 8311 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part A - Prohibitions

-HEAD-

Sec. 8311. Coal capability of new electric powerplants;

certification of compliance

-STATUTE-

(a) General prohibition

Except to such extent as may be authorized under part B, no new

electric powerplant may be constructed or operated as a base load

powerplant without the capability to use coal or another alternate

fuel as a primary energy source.

(b) Capability to use coal or alternate fuel

An electric powerplant has the capability to use coal or another

alternate fuel for purposes of this section if such electric

powerplant -

(1) has sufficient inherent design characteristics to permit

the addition of equipment (including all necessary pollution

devices) necessary to render such electric powerplant capable of

using coal or another alternate fuel as its primary energy

source; and

(2) is not physically, structurally, or technologically

precluded from using coal or another alternate fuel as its

primary energy source.

Capability to use coal or another alternate fuel shall not be

interpreted to require any such powerplant to be immediately able

to use coal or another alternate fuel as its primary energy source

on its initial day of operation.

(c) Applicability to base load powerplants

(1) This section shall apply only to base load powerplants, and

shall not apply to peakload powerplants or intermediate load

powerplants.

(2) For the purposes of this section, hours of electrical

generation pursuant to emergency situations, as defined by the

Secretary and reported to the Secretary, shall not be included in a

determination of whether a powerplant is being operated as a base

load powerplant.

(d) Self-certification

(1) In order to meet the requirement of subsection (a) of this

section, the owner or operator of any new electric powerplant to be

operated as a base load powerplant proposing to use natural gas or

petroleum as its primary energy source shall certify to the

Secretary prior to construction, or prior to operation as a base

load powerplant in the case of a new electric powerplant operated

as a peakload powerplant or intermediate load powerplant, that such

powerplant has capability to use coal or another alternate fuel,

within the meaning of subsection (b) of this section. Such

certification shall be effective to establish compliance with the

requirement of subsection (a) of this section as of the date it is

filed with the Secretary. Within 15 days after receipt of a

certification submitted pursuant to this paragraph, the Secretary

shall publish in the Federal Register a notice reciting that the

certification has been filed.

(2) The Secretary, within 60 days after the filing of a

certification under paragraph (1), may require the owner or

operator of such powerplant to provide such supporting documents as

may be necessary to verify the certification.

-SOURCE-

(Pub. L. 95-620, title II, Sec. 201, Nov. 9, 1978, 92 Stat. 3298;

Pub. L. 100-42, Sec. 1(c)(4)(A), May 21, 1987, 101 Stat. 311.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-42 substituted "Coal capability of new

electric powerplants; certification of compliance" for "New

electric powerplants" in section catchline and amended text

generally. Prior to amendment, text read as follows: "Except to

such extent as may be authorized under part B -

"(1) natural gas or petroleum shall not be used as a primary

energy source in any new electric powerplant; and

"(2) no new electric powerplant may be constructed without the

capability to use coal or any other alternate fuel as a primary

energy source."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8321, 8323 of this title.

-End-

-CITE-

42 USC Sec. 8312 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part A - Prohibitions

-HEAD-

Sec. 8312. Repealed. Pub. L. 100-42, Sec. 1(a)(1), May 21, 1987,

101 Stat. 310

-MISC1-

Section, Pub. L. 95-620, title II, Sec. 202, Nov. 9, 1978, 92

Stat. 3298, prohibited, except to extent authorized under part B,

use of natural gas or petroleum as primary energy source in new

major fuel-burning installation consisting of a boiler, and

authorized Secretary to prohibit nonboilers from using natural gas

or petroleum.

-End-

-CITE-

42 USC Part B - Exemptions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part B - Exemptions

-HEAD-

PART B - EXEMPTIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 8311 of this title.

-End-

-CITE-

42 USC Sec. 8321 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8321. Temporary exemptions

-STATUTE-

(a) General exemption due to lack of alternate fuel supply, site

limitations, or environmental requirements

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from the prohibitions of part A, the

Secretary shall, by order, grant an exemption under this subsection

for the use of natural gas or petroleum, if he finds that the

petitioner has demonstrated that for the period of the proposed

exemption, despite diligent good faith efforts -

(1) it is likely that an adequate and reliable supply of coal

or other alternate fuel of the quality necessary to conform with

design and operational requirements for use as a primary energy

source will not be available to such powerplant at a cost (taking

into account associated facilities for the transportation and use

of such fuel) which, based upon the best practicable estimates,

does not substantially exceed the cost, as determined by rule by

the Secretary, of the fuel that would be used as a primary energy

source;

(2) one or more site limitations exist which would ot (!1)

permit the location or operation of such a powerplant using coal

or any other alternate fuel as a primary energy source; or

(3) the prohibitions of section 8311 of this title could not be

satisfied without violating applicable environmental

requirements.

(b) Temporary exemption based upon future use of synthetic fuels

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from the prohibitions of part A, the

Secretary shall, by order, grant an exemption under this subsection

for the use of natural gas or petroleum, if he finds that the

petitioner has demonstrated that -

(1) the petitioner will comply with the prohibitions of part A

by the end of the proposed exemption by the use of a synthetic

fuel derived from coal or another alternate fuel; and

(2) the petitioner is not able to comply with such prohibitions

by the use of such synthetic fuel until the end of the proposed

exemption.

The effectiveness of an exemption under this subsection is

conditioned on the petitioner filing and maintaining a compliance

plan meeting the requirements of section 8324(b) of this title.

(c), (d) Repealed. Pub. L. 100-42, Sec. 1(c)(5)(E), May 21, 1987,

101 Stat. 312

(e) Duration of temporary exemptions

(1) Except as provided in paragraph (2), exemptions under this

section for any powerplant may not exceed, taking into account any

extension or renewal, 5 years.

(2)(A) An exemption under subsection (a)(1) of this section may

be granted for a period of more than 5 years, but may not exceed,

taking into account any extension or renewal, 10 years.

(B) An exemption under subsection (b) of this section may be

extended beyond the 5-year limit under paragraph (1), but such

exemption, so extended, may not exceed 10 years.

(3) If an exemption is granted for any powerplant before the

powerplant is placed in service, the period before it is placed in

service shall not be taken into account in computing the 5-year and

the 10-year limitations of paragraphs (1) and (2).

-SOURCE-

(Pub. L. 95-620, title II, Sec. 211, Nov. 9, 1978, 92 Stat. 3299;

Pub. L. 100-42, Sec. 1(c)(5), May 21, 1987, 101 Stat. 312.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42, Sec. 1(c)(5)(A)-(D),

substituted "from" for "or installation from one or more of" in

introductory provisions, substituted "the fuel that would be used"

for "using imported petroleum" and struck out "or installation"

after "powerplant" in par. (1), struck out "or installation" after

"powerplant" in par. (2), and struck out "or 8312" after "8311" in

par. (3).

Subsec. (b). Pub. L. 100-42, Sec. 1(c)(5)(A), substituted "from"

for "or installation from one or more of".

Subsec. (c). Pub. L. 100-42, Sec. 1(c)(5)(E), struck out subsec.

(c) which read as follows: "After consideration of a petition (and

comments thereon) for an exemption for a powerplant or installation

from one or more of the prohibitions of part A, the Secretary may,

by order, grant an exemption under this subsection for the use of

natural gas or petroleum, if he finds that the petitioner has

demonstrated that for the period of the proposed exemption the

issuance of such exemption would be in the public interest and

would be consistent with the purposes of this chapter."

Subsec. (d). Pub. L. 100-42, Sec. 1(c)(5)(E), struck out subsec.

(d) which read as follows: "After consideration of a petition (and

comments thereon) for an exemption from the prohibition of the use

of petroleum under section 8312 of this title for an installation

with a design capacity of consuming any fuel (or any mixture

thereof) at a fuel heat input rate which does not exceed 300

million Btu's per hour, the Secretary may, by order, grant an

exemption under this subsection for the use of petroleum if he

finds that the petitioner has demonstrated, by the existence of

binding contracts or other evidence, including appropriate State

construction permits, that he will use coal or another alternate

fuel for at least 75 percent of the annual fuel heat input rate

upon the expiration of such exemption. For provisions relating to

authority to receive, consider and granting (or denying) certain

petitons [sic] for an exemption under this subsection, see section

902(b)."

Subsec. (e)(1), (3). Pub. L. 100-42, Sec. 1(c)(5)(B), struck out

"or installation" after "powerplant" wherever appearing.

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AND TEMPORARY EXEMPTION

ISSUED UNDER SUBSECTION (D) AS EFFECTIVE PRIOR TO 180 DAYS AFTER

NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

and the temporary exemption issued under subsec. (d) of this

section as prior to 180 days after Nov. 9, 1978, see section 902 of

Pub. L. 95-620, set out as a note under section 8301 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "not".

-End-

-CITE-

42 USC Sec. 8322 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8322. Permanent exemptions

-STATUTE-

(a) Permanent exemption due to lack of alternate fuel supply, site

limitations, environmental requirements, or adequate capital

(1) After consideration of a petition (and comments thereon) for

an exemption for a powerplant from the prohibitions of part A, the

Secretary shall, by order, grant a permanent exemption under this

subsection with respect to natural gas or petroleum, if he finds

that the petitioner has demonstrated that despite diligent good

faith efforts -

(A) it is likely that an adequate and reliable supply of coal

or other alternate fuel of the quality necessary to conform with

design and operational requirements for use as a primary energy

source (i) will not be available within the first 10 years of the

useful life of the powerplant, or (ii) will not be available at a

cost (taking into account associated facilities for the

transportation and use of such fuel) which, based upon the best

practicable estimates, does not substantially exceed the cost, as

determined by rule by the Secretary, of the fuel that would be

used as a primary energy source during the useful life of the

powerplant involved;

(B) one or more site limitations exist which would not permit

the location or operation of such powerplant using coal or any

other alternate fuel as a primary energy source;

(C) the prohibitions of part A could not be satisfied without

violating applicable environmental requirements; or

(D) the required use of coal or any other alternate fuel would

not allow the petitioner to obtain adequate capital for the

financing of such powerplant.

(2) The demonstration required to be made by a petitioner under

paragraph (1) shall be made with respect to the site of such

powerplant and reasonable alternative sites.

(b) Permanent exemption due to certain State or local requirements

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from the prohibitions of part A, the

Secretary may, by order, grant a permanent exemption under this

subsection with respect to natural gas or petroleum, if he finds

that the petitioner has demonstrated that -

(1) with respect to the proposed site of the powerplant, the

construction or operation of such a facility using coal or any

other alternate fuel is infeasible because of a State or local

requirement (other than a building code or a nuisance or zoning

law);

(2) there is no reasonable alternative site for such powerplant

which meets the criteria set forth in subsection (a)(1)(A)

through (D) of this section; and

(3) the granting of the exemption would be in the public

interest and would be consistent with the purposes of this

chapter.

(c) Permanent exemption for cogeneration

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

cogeneration facility, the Secretary may, by order, grant a

permanent exemption under this subsection with respect to natural

gas or petroleum, if he -

(1) finds that the petitioner has demonstrated that economic

and other benefits of cogeneration are unobtainable unless

petroleum or natural gas, or both, are used in such facility, and

(2) includes in the final order a statement of the basis for

such finding.

(d) Permanent exemption for certain mixtures containing natural gas

or petroleum

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from the prohibitions of part A, the

Secretary shall, by order, grant a permanent exemption under this

subsection with respect to natural gas or petroleum, if he finds

that the petitioner has demonstrated that -

(1) the powerplant uses, or proposes to use, a mixture of

petroleum or natural gas and coal or another alternate fuel as a

primary energy source; and

(2) the amount of the petroleum or natural gas used in such

mixture will not exceed the minimum percentage of the total Btu

heat input of the primary energy sources of such powerplant

needed to maintain reliability of operation of such powerplant

consistent with maintaining a reasonable level of fuel

efficiency, as determined in accordance with rules prescribed by

the Secretary.

(e) Permanent exemption for emergency purposes

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection with respect to natural gas or

petroleum, if he finds that the petitioner has demonstrated that

such powerplant will be maintained and operated only for emergency

purposes (as defined by rule by the Secretary).

(f) Permanent exemption for powerplants necessary to maintain

reliability of service

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from one or more of the prohibitions of

part A, the Secretary may, by order, grant a permanent exemption

under this subsection with respect to natural gas or petroleum if

he finds that the petitioner has demonstrated that -

(1) such exemption is necessary to prevent impairment of

reliability of service, and

(2) the petitioner, despite diligent good faith efforts, is not

able to make the demonstration necessary to obtain an exemption

under subsection (a) or (b) of this section in the time required

to prevent such impairment of service.

-SOURCE-

(Pub. L. 95-620, title II, Sec. 212, Nov. 9, 1978, 92 Stat. 3300;

Pub. L. 100-42, Sec. 1(c)(6), May 21, 1987, 101 Stat. 312.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-42, Sec. 1(c)(6)(A)-(C),

substituted "from" for "or installation from one or more of" in

introductory provisions, substituted "the fuel that would be used"

for "using imported petroleum" and struck out "or installation"

after "powerplant" wherever appearing in subpar. (A), and struck

out "or installation" after "powerplant" in subpars. (B) and (D).

Subsec. (a)(2). Pub. L. 100-42, Sec. 1(c)(1)(D), struck out " -

"(A) in the case of a new major fuel-burning installation, be

made with respect to the site of such installation proposed by

the petitioner; and

"(B) in the case of a new electric powerplant,"

after "paragraph (1) shall".

Subsec. (a)(3). Pub. L. 100-42, Sec. 1(c)(6)(E), struck out par.

(3) which read as follows: "Notwithstanding the preceding

provisions of this subsection, a powerplant which has been granted

an exemption under subsection (h) of this section may not be

granted an exemption under this subsection."

Subsec. (b). Pub. L. 100-42, Sec. 1(c)(6)(A), (B), (F), in

introductory provisions substituted "from" for "or installation

from one or more of", in par. (1) struck out "or installation"

after "powerplant", and in par. (2) struck out "in the case of a

powerplant," after "(2)".

Subsec. (d). Pub. L. 100-42, Sec. 1(c)(6)(A), (B), (G), struck

out "(1)" before "After consideration of", substituted "from" for

"installation from one or more of" in introductory provisions,

redesignated subpars. (A) and (B) of former par. (1) as pars. (1)

and (2), respectively, struck out "or installation" after

"powerplant" wherever appearing in such pars., and struck out

former par. (2) which read as follows: "In the case of a new major

fuel-burning installation, the percentage determined by the

Secretary under subparagraph (B) of paragraph (1) shall not be less

than 25 percent."

Subsec. (e). Pub. L. 100-42, Sec. 1(c)(6)(B), struck out "or

installation" after "powerplant" wherever appearing.

Subsec. (g). Pub. L. 100-42, Sec. 1(c)(6)(H), struck out subsec.

(g) which related to issuance, by order of Secretary of Energy, of

permanent exemptions for use of natural gas or petroleum for

peakload powerplants.

Subsec. (h). Pub. L. 100-42, Sec. 1(c)(6)(H), struck out subsec.

(h) which related to issuance, by order of Secretary of Energy, of

permanent exemptions for use of petroleum for intermediate load

powerplants.

Subsec. (i). Pub. L. 100-42, Sec. 1(c)(6)(H), struck out subsec.

(i) which related to issuance, by order of Secretary of Energy, of

permanent exemptions for use of natural gas or petroleum for

installations based upon product or process requirements.

Subsec. (j). Pub. L. 100-42, Sec. 1(c)(6)(H), struck out subsec.

(j) which related to issuance, by order of Secretary of Energy, of

permanent exemptions for use of natural gas or petroleum for

installations necessary to meet scheduled equipment outages.

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8323, 8471 of this title.

-End-

-CITE-

42 USC Sec. 8323 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8323. General requirements for exemptions

-STATUTE-

(a) Use of mixtures or fluidized bed combustion not feasible

Except in the case of an exemption under section 8322(d) of this

title, the Secretary may grant a permanent exemption for a

powerplant under this part only -

(1) if the applicant has demonstrated that the use of a mixture

of natural gas or petroleum and coal or another alternate fuel,

for which an exemption under section 8322(d) of this title would

be available, is not economically or technically feasible; and

(2) if the Secretary has not made a finding that the use of a

method of fluidized bed combustion of coal or another alternate

fuel is economically and technically feasible.

(b) State approval required for powerplant

If the appropriate State regulatory authority has not approved a

powerplant for which a petition has been filed, such exemption, to

the extent it applies to the prohibition under section 8311 of this

title against construction without the capability of using coal or

another alternate fuel, shall not take effect until all approvals

required by such State regulatory authority which relate to

construction have been obtained.

(c) No alternative power supply in the case of a powerplant

(1) Except in the case of an exemption under section 8322(c) of

this title, the Secretary may not grant an exemption for a new

powerplant unless he finds that the petitioner has demonstrated

that there is no alternative supply of electric power which is

available within a reasonable distance at a reasonable cost without

impairing short-run or long-run reliability of service and which

can be obtained by the petitioner, despite reasonable good faith

efforts.

(2) The Secretary shall forward a copy of any such petition to

the Federal Energy Regulatory Commission promptly after it is filed

with the Secretary and shall consult with such Commission before

making any finding on such petition under paragraph (1).

-SOURCE-

(Pub. L. 95-620, title II, Sec. 213, Nov. 9, 1978, 92 Stat. 3304;

Pub. L. 100-42, Sec. 1(c)(7), May 21, 1987, 101 Stat. 312.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42, Sec. 1(c)(7)(A), (B), in

introductory provisions struck out "or (g)" after "8322(d)" and "or

installation" after "powerplant".

Subsec. (b). Pub. L. 100-42, Sec. 1(c)(7)(C), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "If the

appropriate State regulatory authority has not approved a

powerplant for which a petition has been filed, such exemption -

"(1) to the extent it applies to the prohibition under section

8311(2) of this title against construction without the capability

of using coal or another alternate fuel, shall not take effect

until all approvals required by such State regulatory authority

which relate to construction have been obtained; and

"(2) to the extent it applies to the prohibition under section

8311(1) of this title against the use of natural gas or petroleum

as a primary energy source, shall not take effect until all

approvals required by such State regulatory authority which

relate to construction or operation have been obtained."

Subsec. (c)(1). Pub. L. 100-42, Sec. 1(c)(7)(A), in introductory

provisions struck out "or (g)" after "section 8322(c)".

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-End-

-CITE-

42 USC Sec. 8324 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER II - NEW FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8324. Terms and conditions; compliance plans

-STATUTE-

(a) Terms and conditions generally

Any exemption from any prohibition under this part shall be on

such terms and conditions as the Secretary determines appropriate,

including terms and conditions requiring the use of effective fuel

conservation measures which are practicable and consistent with the

purposes of this chapter. In the case of any temporary exemption,

the terms and conditions (which may include a compliance plan

meeting the requirements of subsection (b) of this section) shall

be designed to insure that upon the expiration of such exemption,

the persons and powerplant covered by such exemption will comply

with the applicable prohibitions.

(b) Compliance plans

A compliance plan meets the requirements of this subsection if it

is approved by the Secretary and -

(1) contains (A) a schedule indicating how compliance with

applicable prohibitions of this chapter will occur and (B)

evidence of binding contracts for fuel, or facilities for the

production of fuel, which would allow or (!1) such compliance;

and

(2) is revised at such times and to such extent as the

Secretary may require to reflect changes in circumstances.

-SOURCE-

(Pub. L. 95-620, title II, Sec. 214, Nov. 9, 1978, 92 Stat. 3304;

Pub. L. 100-42, Sec. 1(c)(8), May 21, 1987, 101 Stat. 312.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42 struck out "or installation"

after "powerplant".

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8321 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "for".

-End-

-CITE-

42 USC SUBCHAPTER III - EXISTING FACILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

-HEAD-

SUBCHAPTER III - EXISTING FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 8402, 8441, 8472 of

this title.

-End-

-CITE-

42 USC Part A - Prohibitions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part A - Prohibitions

-HEAD-

PART A - PROHIBITIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 8351, 8352 of this title.

-End-

-CITE-

42 USC Sec. 8341 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part A - Prohibitions

-HEAD-

Sec. 8341. Existing electric powerplants

-STATUTE-

(a) Certification by powerplants of coal capability

At any time, the owner or operator of an existing electric

powerplant may certify to the Secretary, for purposes of subsection

(b) of this section -

(1) whether or not such powerplant has or previously had the

technical capability to use coal or another alternate fuel as a

primary energy source;

(2) whether or not such powerplant could have the technical

capability to use coal or another alternate fuel as a primary

energy source without having -

(A) substantial physical modification of the powerplant, or

(B) substantial reduction in the rated capacity of the

powerplant; and

(3) whether or not it is financially feasible to use coal or

another alternate fuel as a primary energy source in such a

powerplant.

(b) Authority of Secretary to prohibit where coal or alternate fuel

capability exists

The Secretary may prohibit, in accordance with section 8343(a) or

(b) of this title, the use of petroleum or natural gas, or both, as

a primary energy source in any existing electric powerplant, if an

affirmative certification under subsection (a)(1), (2), and (3) of

this section is in effect with respect to such powerplant and if,

after examining the basis for the certification, the Secretary

concurs with the certification.

(c) Authority of Secretary to prohibit excessive use in mixtures

At any time, the owner or operator of an existing electric

powerplant may certify to the Secretary for purposes of this

subsection whether or not it is technically and financially

feasible to use a mixture of petroleum or natural gas and coal or

another alternate fuel as a primary energy source in that

powerplant. If an affirmative certification under this subsection

is in effect with respect to such powerplant and if, after

examining the basis for the certification, the Secretary concurs

with the certification, the Secretary may prohibit, in accordance

with section 8343(a) of this title, the use of petroleum or natural

gas, or both, in such powerplant in amounts in excess of the

minimum amount necessary to maintain reliability of operation of

the unit consistent with maintaining reasonable fuel efficiency of

such mixture.

(d) Amendment of subsection (a) and (c) certifications

The owner or operator of any such powerplant may at any time

amend any certification under subsection (a) or (c) of this section

in order to take into account changes in relevant facts and

circumstances; except that no such amendment to such a

certification may be made after the date of any final prohibition

under subsection (b) or (c) of this section based on that

certification.

-SOURCE-

(Pub. L. 95-620, title III, Sec. 301, as added Pub. L. 97-35, title

X, Sec. 1021(a), Aug. 13, 1981, 95 Stat. 614.)

-MISC1-

PRIOR PROVISIONS

A prior section 8341, Pub. L. 95-620, title III, Sec. 301, Nov.

9, 1978, 92 Stat. 3305, related to existing electric powerplants,

prior to repeal by Pub. L. 97-35, title X, Sec. 1021(a), Aug. 13,

1981, 95 Stat. 614.

EFFECTIVE DATE

Section effective Aug. 13, 1981, see section 1038 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 6240 of this title.

VALIDITY OF ORDERS UNDER FORMER PROVISIONS OF THIS SECTION

Section 1022 of Pub. L. 97-35 provided that:

"(a) The amendments made by section 1021 to section 301(b) and

(c) of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs.

(b) and (c) of this section] shall not apply to any electric

powerplant for which a final order was issued pursuant to section

301(b) or (c) of such Act before the date of the enactment of this

Act [Aug. 13, 1981].

"(b) Any electric powerplant issued a proposed order under

section 301(b) or (c) of such Act which is pending on the date of

the enactment of this Act may elect not to have the amendments made

by section 1021 to such section 301(b) or (c) apply with respect to

that powerplant. Such an election shall be irrevocable and shall be

made in such form and manner as the Secretary of Energy shall,

within 45 days after the date of the enactment of this Act,

prescribe. Such an election shall be made not later than 60 days

after the date on which the Secretary of Energy prescribes the form

and manner of making such election.

"(c)(1) The amendments made by section 1021 shall not affect the

validity of any final order issued under section 301(b) or (c) of

the Powerplant and Industrial Fuel Use Act of 1978 before the date

of the enactment of this Act.

"(2) The validity of any proposed order issued under such section

301(b) or (c) shall not be affected in the case of powerplants

covered by elections made under subsection (b).

"(3) The authority of the Secretary of Energy to amend, repeal,

rescind, modify, or enforce any order referred to in paragraph (1)

or (2), or rules applicable thereto, shall remain in effect

notwithstanding any such amendments."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7651d, 8343, 8351, 8352

of this title.

-End-

-CITE-

42 USC Sec. 8342 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part A - Prohibitions

-HEAD-

Sec. 8342. Repealed. Pub. L. 100-42, Sec. 1(a)(2), May 21, 1987,

101 Stat. 310

-MISC1-

Section, Pub. L. 95-620, title III, Sec. 302, Nov. 9, 1978, 92

Stat. 3306, authorized Secretary to prohibit use of petroleum or

natural gas as primary energy source in existing major fuel-burning

installations having coal or alternate fuel capability and, in

installations in which mixtures of petroleum or natural gas and

coal or other alternate fuels are found feasible, to prohibit

excessive use of petroleum or natural gas in such mixtures.

-End-

-CITE-

42 USC Sec. 8343 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part A - Prohibitions

-HEAD-

Sec. 8343. Rules relating to case-by-case and category prohibitions

-STATUTE-

(a) Case-by-case prohibitions

(1) Except to the extent authorized by subsection (b) of this

section, the Secretary shall prohibit any powerplant from using

natural gas or petroleum under the authority granted him under

section 8341(b) or (c) of this title only by means of a final order

issued by him which shall be limited to the particular powerplant

involved.

(2) The Secretary may issue such a final order only with respect

to a powerplant which is not, at the time the proposed order is

issued, covered by a final rule issued under subsection (b) of this

section.

(b) Prohibitions applicable to categories of facilities

(1) The Secretary may prohibit, by rule, the use of natural gas

or petroleum under section 8341(b) of this title in existing

electric powerplants.

(2) Each powerplant to be covered by any final rule issued under

this subsection shall be specifically identified in the proposed

rule published under section 8411(b) of this title.

(3) In prescribing any final rule under this subsection, the

Secretary shall take into account any special circumstances or

characteristics of each category of powerplants (such as the

intermittent use, size, age, or geographic location of such

powerplants). Any such rules shall not apply in the case of any

existing electric powerplant with respect to which a comparable

prohibition was issued by order.

-SOURCE-

(Pub. L. 95-620, title III, Sec. 303, Nov. 9, 1978, 92 Stat. 3306;

Pub. L. 100-42, Sec. 1(c)(9), May 21, 1987, 101 Stat. 312.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-42, Sec. 1(c)(9)(A), (B),

struck out "or installation" after "powerplant" in two places and

"or 8342" after "section 8341(b) or (c)".

Subsec. (a)(2). Pub. L. 100-42, Sec. 1(c)(9)(A), struck out "or

installation" after "powerplant".

Subsec. (a)(3). Pub. L. 100-42, Sec. 1(c)(9)(C), struck out par.

(3) which read as follows:

"(A) Subject to subparagraph (B), the Secretary shall not issue a

final order under this subsection to any powerplant if it is

demonstrated that such powerplant would have been granted an

exemption if such prohibition had been established by a final rule

pursuant to subsection (b) of this section rather than by order

pursuant to this subsection, except that if a temporary exemption

would have been granted, such a final order may be issued but may

not take effect until such time as the temporary exemption would

have terminated.

"(B) In any case in which an order is not issued by reason of

subparagraph (A) or in which the effective date of such order is

delayed under subparagraph (A), the Secretary shall take such steps

as may be necessary to assure the installation involved complies

with the same requirements (including provisions of section 8354(a)

of this title) as would have been applicable if an exemption had

been granted based upon the grounds for which the order is not

issued or the effective date of which is delayed."

Subsec. (b)(1). Pub. L. 100-42, Sec. 1(c)(9)(D), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The

Secretary may, by rule, prohibit the use of natural gas or

petroleum pursuant to section 8341(b) or 8342(a) of this title -

"(A) in the case of any category of existing electric

powerplants identified in such rule; and

"(B) in the case of any category of existing major fuel-burning

installations which have design capabilities of consuming fuel

(or any mixture thereof) at a fuel heat input rate of 300 million

Btu's per hour or greater which are identified in such rule."

Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(9)(A), struck out "or

installation" after "powerplant".

Subsec. (b)(3). Pub. L. 100-42, Sec. 1(c)(9)(A), (E), struck out

"or installations" after "powerplants" in two places in

introductory provisions, and amended last sentence generally. Prior

to amendment, last sentence read as follows: "Any such rules shall

not apply in the case of any existing electric powerplant with

respect to which a comparable prohibition was issued by order."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8341 of this title.

-End-

-CITE-

42 USC Part B - Exemptions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part B - Exemptions

-HEAD-

PART B - EXEMPTIONS

-End-

-CITE-

42 USC Sec. 8351 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8351. Temporary exemptions

-STATUTE-

(a) Temporary exemption due to lack of alternate fuel supply, site

limitations, or environmental requirements

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant such an exemption

for the use of natural gas or petroleum, if he finds that the

petitioner has demonstrated that for the period of the proposed

exemption, despite diligent good faith efforts -

(1) it is likely that an adequate and reliable supply of coal

or other alternate fuel of the quality necessary to conform with

design and operational requirements for use as a primary energy

source, will not be available to such powerplant at a cost

(taking into account associated facilities for the transportation

and use of such fuel) which, based upon the best practicable

estimates, does not substantially exceed the costs, as determined

by rule by the Secretary, of using imported petroleum as a

primary energy source;

(2) one or more site limitations exist which would not permit

the operation of such a powerplant using coal or any other

alternate fuel as a primary energy source; or

(3) the prohibitions of section 8341 of this title could not be

satisfied without violating applicable environmental

requirements.

(b) Temporary exemption based upon future use of synthetic fuels

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary, by order, shall grant an exemption under

this subsection for the use of natural gas or petroleum, if he

finds that the petitioner has demonstrated that -

(1) the petitioner will comply with the prohibitions of part A

by the end of the proposed exemption by the use of a synthetic

fuel derived from coal or another alternate fuel; and

(2) the petitioner is not able to comply with such prohibitions

by the use of such synthetic fuel until the end of the proposed

exemption.

The effectiveness of an exemption under this subsection is

conditioned on the petitioner filing and maintaining a compliance

plan meeting the requirements of section 8354(b) of this title.

(c) Temporary exemption based upon use of innovative technologies

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary, by order, shall grant an exemption under

this subsection for the use of natural gas or petroleum, if he

finds that the petitioner has demonstrated that such powerplant

will comply with such prohibitions at the expiration of such

exemption by the adoption of a technology for the use of coal or

another alternate fuel which at the time of the granting of the

exemption is determined by the Secretary to be an innovative

technology. The effectiveness of an exemption under this subsection

is conditioned on the petitioner filing and maintaining a

compliance plan meeting the requirements of section 8354(b) of this

title.

(d) Temporary exemption for units to be retired

(1) After consideration of a petition (and comments thereon) for

an exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant an exemption under

this subsection for the use of natural gas or petroleum, if he

finds that the petitioner has demonstrated that such powerplant is

to permanently cease operation at or before the expiration of the

exemption period. An exemption under this subsection is conditioned

on the petitioner filing and maintaining a compliance plan meeting

the requirements of section 8354(b) (other than paragraph (1)(B))

of this title.

(2) Notwithstanding any other provision of this chapter, an

exemption under this part may not be granted for any powerplant

once an exemption under this subsection has been granted for such

powerplant.

(e) Temporary public interest exemption

After consideration of a petition (and comments thereon) for an

exemption for a powerplant from one or more of the prohibitions of

part A for a powerplant, the Secretary may, by order, grant an

exemption under this subsection for the use of natural gas or

petroleum, if he finds that the petitioner has demonstrated that

for the period of the proposed exemption the issuance of such

exemption is in the public interest and is consistent with the

purposes of this chapter.

(f) Temporary exemption for peakload powerplants

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant an exemption under

this subsection for the use of natural gas or petroleum, if the

petitioner certifies that such powerplant is to be operated solely

as a peakload powerplant.

(g) Temporary exemption for powerplants where necessary to maintain

reliability of service

(1) After consideration of a petition (and comments thereon) for

an exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant an exemption under

this subsection for the use of natural gas or petroleum, if he

finds that the petitioner has demonstrated that such exemption is

necessary to prevent impairment of reliability of service.

(2) Notwithstanding any other provision of this chapter, an

exemption under this part (other than a permanent exemption under

section 8352(f) of this title for the use of petroleum) may not be

granted for any powerplant for which an exemption under this

subsection has been granted.

(h) Duration of temporary exemptions

(1) Except as provided in paragraphs (2) and (3), exemptions

under this section for any powerplant may not exceed, taking into

account any extension or renewal, 5 years.

(2)(A) An exemption under subsection (a)(1) of this section may

be granted for a period of more than 5 years, but may not exceed,

taking into account any extension or renewal, 10 years.

(B) Subject to paragraph (3), an exemption under subsections (b),

(c), and (g) of this section may be extended beyond the 5-year

limit under paragraph (1), but such exemption, so extended, may not

exceed 10 years.

(3) An exemption under subsections (d), (f), and (g) of this

section for the use of natural gas by a powerplant may not extend

beyond December 31, 1994.

(4) In computing the 5-year and 10-year limitations of paragraphs

(1) and (2) in the case of any exemption under this section, the

period before the prohibition on the use of natural gas and

petroleum would first apply (if the exemption had not been granted)

shall be disregarded.

-SOURCE-

(Pub. L. 95-620, title III, Sec. 311, Nov. 9, 1978, 92 Stat. 3307;

Pub. L. 100-42, Sec. 1(c)(10), (11), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42, Sec. 1(c)(10), (11), struck

out "or installation" after "powerplant" in introductory provisions

and in pars. (1) and (2) and struck out "or 8342" after "section

8341" in par. (3).

Subsecs. (b) to (e), (h)(1). Pub. L. 100-42, Sec. 1(c)(10),

struck out "or installation" after "powerplant" wherever appearing.

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-End-

-CITE-

42 USC Sec. 8352 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8352. Permanent exemptions

-STATUTE-

(a) Permanent exemption due to lack of alternate fuel supply, site

limitations, or environmental requirements

(1) After consideration of a petition (and comments thereon) for

an exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection for the use of natural gas or

petroleum, if he finds that the petitioner has demonstrated that

despite diligent good faith efforts -

(A) it is likely that an adequate and reliable supply of coal

or other alternate fuels of the quality necessary to conform with

design and operational requirements for use as a primary energy

source will not be available to such powerplant at a cost (taking

into account associated facilities for the transportation and use

of such fuel) which, based upon the best practicable estimates,

does not substantially exceed the cost, as determined by rule by

the Secretary, of using imported petroleum as a primary energy

source during the remaining useful life of the powerplant;

(B) one or more site limitations exist which would not permit

the operation of such a powerplant using coal or any other

alternate fuel as a primary energy source; or

(C) the prohibitions of part A could not be satisfied without

violating applicable environmental requirements.

(2) Notwithstanding the preceding provisions of this subsection,

a powerplant which has been granted an exemption under subsection

(g) of this section may not be granted an exemption under this

subsection.

(b) Permanent exemption due to certain State or local requirements

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary may, by order, grant a permanent

exemption under this subsection, if he finds that the petitioner

has demonstrated that -

(1) with respect to the site of the powerplant, the operation

of such a facility using coal or any other alternate fuel is

infeasible because of a State or local requirement;

(2) if such State or local requirement is under a building code

or nuisance or zoning law, no other exemption under this part

could be granted for such facility; and

(3) the granting of the exemption would be in the public

interest and would be consistent with the purposes of this

chapter.

(c) Permanent exemption for cogeneration

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

cogeneration facility, the Secretary may, by order, grant a

permanent exemption under this subsection, if he -

(1) finds that the petitioner has demonstrated that economic

and other benefits of cogeneration are unobtainable unless

petroleum or natural gas, or both, are used in such facility, and

(2) includes in the final order a statement of the basis for

such finding.

(d) Permanent exemption for certain fuel mixtures containing

natural gas or petroleum

(1) After consideration of a petition (and comments thereon) for

an exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection, if he finds that the petitioner

has demonstrated that -

(A) the powerplant uses, or proposes to use, a mixture of

petroleum or natural gas and coal or another alternate fuel as a

primary energy source; and

(B) the amount of the petroleum or natural gas used in such

mixture will not exceed the minimum percentage of the total Btu

heat input of the primary energy sources of such powerplant

needed to maintain reliability of operation of the unit

consistent with maintaining a reasonable level of fuel

efficiency, as determined in accordance with rules prescribed by

the Secretary.

(2) Repealed. Pub. L. 100-42, Sec. 1(c)(12)(A), May 21, 1987, 101

Stat. 313.

(3) The Secretary may authorize a higher percentage than that

referred to in paragraph (1)(B) if he finds that the higher

percentage of natural gas allowed would be mixed with synthetic

fuels derived from municipal wastes or agricultural wastes and

would encourage the use of alternate or new technologies which use

renewable sources of energy.

(e) Permanent exemption for emergency purposes

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection, if he finds that the petitioner

has demonstrated that such powerplant will be maintained and

operated only for emergency purposes (as defined by rule by the

Secretary).

(f) Permanent exemption for peakload powerplants

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection, if he finds that -

(1) the powerplant is operated solely as a peakload powerplant;

(2) a denial of such petition is likely to result in an

impairment of reliability of service; and

(3)(A) modification of the powerplant to permit compliance with

such prohibitions is technically infeasible; or

(B) such modification would result in an unreasonable expense.

(g) Permanent exemption for intermediate load powerplants

(1) After consideration of a petition (and comments thereon) for

an exemption from one or more of the prohibitions of part A on the

use of petroleum by a powerplant, the Secretary may, by order,

grant a permanent exemption under this subsection, if he finds that

the petitioner has demonstrated that -

(A) the Administrator of the Environmental Protection Agency

(or the appropriate State air pollution control agency) certifies

to the Secretary that the use by such powerplant of coal or any

available alternate fuel as a primary energy source will cause or

contribute to a concentration, in an air quality control region

or any area within such region, of a pollutant for which any

national ambient air quality standard is or would be exceeded for

such area;

(B) such powerplant is to be operated only to replace no more

than the equivalent capacity of existing electric powerplants -

(i) which use natural gas or petroleum as a primary energy

source,

(ii) which are owned by the same person who is to operate

such powerplant, and

(iii) which, if they used coal as a primary energy source,

would cause or contribute to such a concentration in such

region;

(C) such powerplant is and shall continue to be operated solely

as an intermediate load powerplant;

(D) the net fuel heat input rate for such powerplant will be

maintained at or less than 9,500 Btu's per kilowatt hour

throughout the remaining useful life of the powerplant; and

(E) the powerplant has the capability to use synthetic fuels

derived from coal or other alternate fuel.

(2) The Secretary shall, from time to time, review each exemption

granted to a powerplant under this subsection, and shall terminate

such exemption if he finds that there is available a supply of

synthetic fuel derived from coal or other alternate fuel suitable

for use as a primary energy source by such powerplant.

(h) Permanent exemption for use of natural gas by certain

powerplants with capacities of less than 250 million Btu's per

hour

(1) Subject to paragraph (2), after consideration of a petition

(and comments thereon) for an exemption from any prohibition of

part A for the use of natural gas by a powerplant, the Secretary

shall, by order, grant a permanent exemption under this subsection

for such use, if he finds that the petitioner has demonstrated that

-

(A) such powerplant has a design capability of consuming fuel

(or any mixture thereof) at a fuel heat input rate of less than

250 million Btu's per hour;

(B) such powerplant was a baseload powerplant on April 20,

1977; and

(C) such powerplant is not capable of consuming coal without -

(i) substantial physical modification of the unit; or

(ii) substantial reduction in the rated capacity of the unit

(as determined by the Secretary).

(2) An exemption under this subsection may only apply to the

prohibitions under section 8341 of this title and prohibitions

established by final rules or orders issued before January 1, 1990.

(i) Permanent exemption for use of LNG by certain powerplants

After consideration of a petition (and comments thereon) for an

exemption from one or more of the prohibitions of part A for a

powerplant, the Secretary shall, by order, grant a permanent

exemption under this subsection for the use of liquefied natural

gas if the Administrator of the Environmental Protection Agency (or

the appropriate State air pollution control agency) has certified

to the Secretary that the use of coal by such powerplant as a

primary energy source will cause or contribute to a concentration,

in an air quality control region or any area within such region, of

a pollutant for which any national ambient air quality standard is

or would be exceeded for such region or area and the use of coal

would not comply with applicable environmental requirements.

-SOURCE-

(Pub. L. 95-620, title III, Sec. 312, Nov. 9, 1978, 92 Stat. 3309;

Pub. L. 100-42, Sec. 1(c)(10), (12), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsecs. (a)(1), (b), (d)(1). Pub. L. 100-42, Sec.

1(c)(10), struck out "or installation" after "powerplant" wherever

appearing.

Subsec. (d)(2). Pub. L. 100-42, Sec. 1(c)(12)(A), struck out par.

(2) which read as follows: "In the case of an existing major

fuel-burning installation, the percentage determined by the

Secretary under subparagraph (B) of paragraph (1) shall not be less

than 25 percent."

Subsec. (d)(3). Pub. L. 100-42, Sec. 1(c)(12)(B), substituted

"The" for "In the case of an existing electric powerplant, the".

Subsec. (e). Pub. L. 100-42, Sec. 1(c)(10), struck out "or

installation" after "powerplant" wherever appearing.

Subsec. (j). Pub. L. 100-42, Sec. 1(c)(12)(C), struck out subsec.

(j) which related to granting, by Secretary of Energy, of permanent

exemptions for use of natural gas for installations served by

international pipelines.

Subsec. (k). Pub. L. 100-42, Sec. 1(c)(12)(C), struck out subsec.

(k) which related to granting, by Secretary of Energy, of permanent

exemptions for use of natural gas or petroleum for installations

based upon product or process requirements.

Subsec. (l). Pub. L. 100-42, Sec. 1(c)(12)(C), struck out subsec.

(l) which related to granting, by Secretary of Energy, of permanent

exemptions for use of natural gas or petroleum for installations

necessary to meet scheduled equipment outages.

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8351, 8353, 8471, 8473 of

this title.

-End-

-CITE-

42 USC Sec. 8353 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8353. General requirements for exemptions

-STATUTE-

(a) Use of mixtures or fluidized bed combustion not feasible

Except in the case of an exemption under section 8352(b), (f), or

(i) of this title, the Secretary may grant a permanent exemption

for a powerplant under this part only -

(1) if the applicant has demonstrated that the use of a mixture

of natural gas or petroleum and coal (or other alternate fuels),

for which an exemption under section 8352(b) of this title would

be available, is not economically or technically feasible; and

(2) if the Secretary has not made a finding that the use of a

method of fluidized bed combustion of coal or an alternate fuel

is economically and technically feasible.

(b) No alternative power supply in case of a powerplant

(1) In the case of an exemption under section 8352(b) or (g) of

this title, the Secretary may not grant an exemption for an

existing powerplant unless he finds that the petitioner has

demonstrated that there is no alternative supply of electric power

which is available within a reasonable distance at a reasonable

cost without impairing short-run or long-run reliability of service

and which can be obtained by the petitioner, despite reasonable

good faith efforts.

(2) The Secretary shall forward a copy of any such petition to

the Federal Energy Regulatory Commission promptly after it is filed

with the Secretary and shall consult with the Commission before

making any finding on such petition under paragraph (l).

-SOURCE-

(Pub. L. 95-620, title III, Sec. 313, Nov. 9, 1978, 92 Stat. 3313;

Pub. L. 100-42, Sec. 1(c)(10), (13), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42, Sec. 1(c)(13), struck out "or

installation" after "powerplant" in introductory provisions.

Pub. L. 100-42, Sec. 1(c)(10), which directed the substitution of

"or (i)" for "(i), or (j)" was executed by making the substitution

for "(i) or (j)" to reflect the probable intent of Congress.

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-End-

-CITE-

42 USC Sec. 8354 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER III - EXISTING FACILITIES

Part B - Exemptions

-HEAD-

Sec. 8354. Terms and conditions; compliance plans

-STATUTE-

(a) Terms and conditions generally

Any exemption from any prohibition under this part shall be on

such terms and conditions as the Secretary determines appropriate,

including terms and conditions requiring the use of effective fuel

conservation measures which are practicable and consistent with the

purposes of this chapter. In the case of any temporary exemption,

the terms and conditions (which may include a compliance plan

meeting the requirements of subsection (b) of this section) shall

be designed to insure that upon the expiration of such exemption,

the persons and powerplant covered by such exemption will comply

with the applicable prohibitions.

(b) Compliance plans

A compliance plan meets the requirements of this subsection if it

is approved by the Secretary and -

(1) contains (A) a schedule indicating how compliance with

applicable prohibition of this chapter will occur and (B)

evidence of binding contracts for fuel, or facilities for the

production of fuel, which would allow for such compliance; and

(2) is revised at such times and to such extent as the

Secretary may require to reflect changes in circumstances.

-SOURCE-

(Pub. L. 95-620, title III, Sec. 314, Nov. 9, 1978, 92 Stat. 3314;

Pub. L. 100-42, Sec. 1(c)(10), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42 struck out "or installation"

after "powerplant".

EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AS EFFECTIVE PRIOR TO

180 DAYS AFTER NOVEMBER 9, 1978

For effectiveness of exemption for certain electric powerplants

as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub.

L. 95-620, set out as a note under section 8301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8351 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY

AUTHORITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-HEAD-

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-End-

-CITE-

42 USC Secs. 8371, 8372 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-HEAD-

Secs. 8371, 8372. Repealed. Pub. L. 100-42, Sec. 1(a)(3), (4), May

21, 1987, 101 Stat. 310

-MISC1-

Section 8371, Pub. L. 95-620, title IV, Sec. 401, Nov. 9, 1978,

92 Stat. 3314, authorized Secretary to prohibit by order the use of

natural gas as primary energy source in existing boilers used for

space heating purposes which consume 300 Mcf or more natural gas

per day and have capability to use petroleum as primary energy

source, and in new boilers to be used for space heating purposes

which would be capable of consuming 300 Mcf or more of natural gas

per day.

Section 8372, Pub. L. 95-620, title IV, Sec. 402, Nov. 9, 1978,

92 Stat. 3315; Pub. L. 97-35, title X, Sec. 1024, Aug. 13, 1981, 95

Stat. 617, prohibited installation of outdoor lighting fixtures

using natural gas before Nov. 9, 1978, phased out distribution of

natural gas to be used in outdoor lighting other than that

installed for residential use before Nov. 9, 1978, and required

distributors of natural gas to disseminate information to customers

to discourage use of natural gas for outdoor lighting.

-End-

-CITE-

42 USC Sec. 8373 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-HEAD-

Sec. 8373. Conservation in Federal facilities, contracts, and

financial assistance programs

-STATUTE-

(a) Federal facilities

(1) Each Federal agency owning or operating any electric

powerplant shall comply with any prohibition, term, condition, or

other substantial or procedural requirement under this chapter, to

the same extent as would be the case if such powerplant were owned

or operated by a nongovernmental person.

(2) The President may, by order, exempt from the application of

paragraph (1) any powerplant owned or operated by any Federal

agency, if the President determines that -

(A) such use is in the paramount interest of the United States

and that the powerplant involved is a component of or is used

solely in connection with any weaponry, equipment, aircraft,

vessels, vehicles or other classes or categories of property

which -

(i) are owned or operated by the Armed Forces of the United

States (including the Coast Guard) or by the National Guard of

any State; and

(ii) are uniquely military in nature; or

(B) there is a lack of appropriation for such use but only if

the President specifically requested such appropriations as a

part of the budgetary process and the Congress failed to make

available such requested appropriation.

Such order shall not take effect until 60 days after a copy of such

order has been transmitted to each House of the Congress. The

President shall review each such determination every 2 years and

submit a report to the Congress on the results of such review.

(b) Federal contracts and financial assistance

(1) In order to implement the purposes of this chapter, the

President shall, not later than 30 days after the effective date of

this chapter, issue an order -

(A) requiring each Federal agency which is authorized to extend

Federal assistance by way of grant, loan, contract, or other form

of financial assistance, to promptly effectuate the purposes of

this chapter relating to the conservation of petroleum and

natural gas, by rule, in such contracting or assistance

activities within 180 days after issuance of such order, and

(B) setting forth procedures, sanctions, penalties, and such

other provisions as the President determines necessary to carry

out such requirement effectively, including a requirement that

each agency annually transmit to the President, and make

available to the public, a report on the actions taken and to be

taken to implement such order.

(2) The President may exempt by order any specific grant, loan,

contract, or other form of financial assistance from all or part of

the provisions of this subsection if he determines such exemption

is in the national interest. The President shall notify the

Congress in writing of such exemption at least 60 days before it is

effective.

(3) The President or any Federal agency may not use the authority

granted under paragraph (1) to require compliance, including the

use of coal, by any person or facility with any prohibition under

other sections of this chapter if such person or facility has been

specifically determined by the Secretary as subject to such

prohibition or has been exempted from the application of such

prohibition.

-SOURCE-

(Pub. L. 95-620, title IV, Sec. 403, Nov. 9, 1978, 92 Stat. 3317;

Pub. L. 100-42, Sec. 1(c)(14), May 21, 1987, 101 Stat. 313; Pub. L.

102-486, title XXX, Sec. 3011, Oct. 24, 1992, 106 Stat. 3128.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec.

(b)(1), is the effective date of Pub. L. 95-620. See section 901 of

Pub. L. 95-620, set out as an Effective Date note under section

8301 of this title.

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-486 struck out subsec. (c), which

read as follows: "The President shall annually submit a detailed

report to each House of the Congress on the actions taken by the

President and each Federal agency to implement this section,

including the progress and problems associated with implementation

of this section."

1987 - Subsec. (a)(1). Pub. L. 100-42, Sec. 1(c)(14)(A), struck

out ", major fuel-burning installation, or other unit" after

"electric powerplant" and ", installation, or unit" after "such

powerplant".

Subsec. (a)(2). Pub. L. 100-42, Sec. 1(c)(14)(B), (C), struck out

", installation, or other unit" after "powerplant" in introductory

provisions, ", installation, or unit" after "powerplant" in subpar.

(A), and last sentence which read as follows: "Any powerplant,

installation, or other unit permitted to use natural gas or

petroleum under an exemption under this paragraph shall establish

and carry out effective fuel conservation measures, as determined

by the Secretary."

Subsec. (a)(3). Pub. L. 100-42, Sec. 1(c)(14)(D), struck out par.

(3) which read as follows: "Any powerplant, installation, or unit

owned or operated by any such Federal agency shall be entitled to

any exemption by the Secretary to the same extent, in the same

manner, and under the same terms and conditions as would apply if

it were owned or operated by a nongovernmental person."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the report under the last sentence of subsec. (a)(2) of this

section is listed as the 16th item on page 19), see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-EXEC-

EX. ORD. NO. 12185. EFFECTUATION OF CONSERVATION OF PETROLEUM AND

NATURAL GAS BY RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE

Ex. Ord. No. 12185, Dec. 17, 1979, 44 F.R. 75093, provided:

By the authority vested in me as President of the United States

of America by Section 403(b) of the Powerplant and Industrial Fuel

Use Act of 1978 (92 Stat. 3318; Public Law 95-620) [42 U.S.C.

8373(b)] and Section 301 of Title 3 of the United States Code, in

order to encourage additional conservation of petroleum and natural

gas by recipients of Federal financial assistance, it is hereby

ordered as follows:

1-101. Each Federal agency, as that term is defined in Section

103(a)(25) of the Powerplant and Industrial Fuel Use Act of 1978

(92 Stat. 3297) [42 U.S.C. 8302(a)(25)], shall effectuate through

its financial assistance programs the purposes of that Act relating

to the conservation of petroleum and natural gas.

1-102. Each Federal agency which extends financial assistance

shall review those programs of financial assistance and identify

those which are most likely to offer opportunities for significant

conservation of petroleum and natural gas.

1-103. Within two months, and annually thereafter, each agency

shall publish for comment a list of those programs which it has

identified as likely to offer significant opportunity for

conservation. The public shall be given 60 days to submit comments,

including suggestions for rules which would effectuate the

conservation purposes of the Act [see Short Title note set out

under 42 U.S.C. 8301].

1-104. After receiving public comment and suggestions, and after

consulting with the Director of the Office of Management and

Budget, each agency shall publish proposed rules designed to

achieve conservation of petroleum and natural gas in connection

with the receipt of financial assistance.

Proposed rules should be published within 30 days of the close of

the comment period under Section 1-103.

1-105. Final rules shall be adopted by each agency in accordance

with the provisions of Sections 102(b) [42 U.S.C. 8301(b)], 403(b)

[42 U.S.C. 8373(b)] and 701(a) [42 U.S.C. 8411(a)] of the

Powerplant and Industrial Fuel Use Act of 1978, and the provisions

of this Order, not later than 180 days from the date of this Order.

1-106. No one shall be awarded any financial assistance unless

that award complies with the provisions of the conservation rules

adopted by the agency pursuant to this Order.

1-107. To the extent permitted by law and where not inconsistent

with the financial assistance program, final rules may provide for

the reduction or suspension of financial assistance under any

award. Such reduction or suspension shall not be ordered until

there has been an opportunity for a hearing on the record, and

shall last for such time as the recipient fails to comply with the

terms of the conservation rule.

1-108. No conservation rule shall be adopted which is

inconsistent with the statutory provisions establishing the

financial assistance program.

1-109. No conservation rule shall be used to enforce compliance

with any prohibition under the Act [see Short Title note set out

under 42 U.S.C. 8301] against any person or facility which has been

specifically determined by the Secretary of Energy as subject to or

exempt from a prohibition under the Act. The conservation rules

shall be used to enforce other new ways of achieving the purposes

of the Act related to the conservation of petroleum and natural

gas.

1-110. In order to assess the effectiveness of this program, each

agency shall annually prepare a report on its activities in accord

with Section 403(b)(1)(B) of the Act [42 U.S.C. 8373(b)]. These

reports shall be submitted to the President through the Secretary

of Energy.

1-111. The Secretary of Energy shall prepare for the President's

consideration and transmittal to the Congress the report required

by Section 403(c) of the Act [42 U.S.C. 8373(c)].

1-112. The Director of the Office of Management and Budget may

issue any rules, regulations, or orders he deems necessary to

ensure the implementation of this Order. The Director may exercise

any of the authority vested in the President by Section 403(b) of

the Act [42 U.S.C. 8373(b)], and may redelegate such of that

authority as he deems appropriate to the head of any other agency.

Jimmy Carter.

EXECUTIVE ORDER NO. 12217

Ex. Ord. No. 12217, June 18, 1980, 45 F.R. 41623, which

established the responsibilities and duties of Executive agencies

for compliance with this chapter, was revoked by Ex. Ord. No.

12437, Aug. 11, 1983, 48 F.R. 36801.

-End-

-CITE-

42 USC Sec. 8374 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-HEAD-

Sec. 8374. Emergency authorities

-STATUTE-

(a) Coal allocation authority

(1) If the President -

(A) declares a severe energy supply interruption, as defined in

section 6202(8) of this title, or

(B) finds, and publishes such finding, that a national or

regional fuel supply shortage exists or may exist which the

President determines -

(i) is, or is likely to be, of significant scope and

duration, and of an emergency nature;

(ii) causes, or may cause, major adverse impact on public

health, safety, or welfare or on the economy; and

(iii) results, or is likely to result, from an interruption

in the supply of coal or from sabotage, or an act of God;

the President may, by order, allocate coal (and require the

transportation thereof) for the use of any electric powerplant or

major fuel-burning installation, in accordance with such terms and

conditions as he may prescribe, to insure reliability of electric

service or prevent unemployment, or protect public health, safety,

or welfare.

(2) For purposes of this subsection, the term "coal" means

anthracite and bituminous coal and lignite (but does not mean any

fuel derivative thereof).

(b) Emergency prohibition on use of natural gas or petroleum

If the President declares a severe energy supply interruption, as

defined in section 6202(8) of this title, the President may, by

order, prohibit any electric powerplant or major fuel-burning

installation from using natural gas or petroleum, or both, as a

primary energy source for the duration of such interruption.

Notwithstanding any other provision of this section, any suspension

of emission limitations or other requirements of applicable

implementation plans, as defined in section 7410(d) (!1) of this

title, required by such prohibition shall be issued only in

accordance with section 7410(f) of this title.

(c) Emergency stays

The President may, by order, stay the application of any

provision of this chapter, or any rule or order thereunder,

applicable to any new or existing electric powerplant, if the

President finds, and publishes such finding, that an emergency

exists, due to national, regional, or systemwide shortages of coal

or other alternate fuels, or disruption of transportation

facilities, which emergency is likely to affect reliability of

service of any such electric powerplant.

(d) Duration of emergency orders

(1) Except as provided in paragraph (3), any order issued by the

President under this section shall not be effective for longer than

the duration of the interruption or emergency, or 90 days,

whichever is less.

(2) Any such order may be extended by a subsequent order which

the President shall transmit to the Congress in accordance with

section 6421 of this title. Such order shall be subject to

congressional review pursuant to such section.

(3) Notwithstanding paragraph (1), the effectiveness of any order

issued under this section shall not terminate under this subsection

during the 15-calendar-day period during which any such subsequent

order described in paragraph (2) is subject to congressional review

under section 6421 of this title.

(4) For purposes of this subsection, the provisions of this

subsection supersede the provisions of subchapter II of chapter 34

of title 50.

(e) Delegation of authority prohibited

The authority of the President to issue any order under this

section may not be delegated. This subsection shall not be

construed to prevent the President from directing any Federal

agency to issue rules or regulations or take such other action,

consistent with this section, in the implementation of such order.

(f) Publication and reports to Congress of orders

Any order issued under this section shall be published in the

Federal Register. To the greatest extent practicable, the President

shall, before issuing any order under this section, but in no event

later than 5 days after issuing such order, report to the Congress

of his intention to issue such order and state his reasons

therefor.

-SOURCE-

(Pub. L. 95-620, title IV, Sec. 404, Nov. 9, 1978, 92 Stat. 3319;

Pub. L. 100-42, Sec. 1(c)(15), May 21, 1987, 101 Stat. 313.)

-REFTEXT-

REFERENCES IN TEXT

Section 7410(d) of this title, referred to in subsec. (b), was

repealed by Pub. L. 101-549, title I, Sec. 101(d)(4), Nov. 15,

1990, 104 Stat. 2409.

Subchapter II (Sec. 1621 et seq.) of chapter 34 of title 50,

referred to in subsec. (d)(4), was in the original "title II of the

Act of September 14, 1976 (Public Law 94-412)", which is known as

the National Emergencies Act.

-MISC1-

AMENDMENTS

1987 - Subsec. (g). Pub. L. 100-42 struck out subsec. (g) which

permitted use of natural gas or petroleum as primary energy source

in peakload powerplant or major fuel-burning installation during

temporary emergency condition (other than emergency conditions

provided for under section 8302(a)(15) of this title).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8411, 8412, 8421, 8471 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8375 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES

-HEAD-

Sec. 8375. Repealed. Pub. L. 100-42, Sec. 1(a)(5), May 21, 1987,

101 Stat. 310

-MISC1-

Section, Pub. L. 95-620, title IV, Sec. 405, Nov. 9, 1978, 92

Stat. 3320, prohibited increased use of petroleum as primary energy

source in existing electric powerplants which, during calendar year

1977, used coal or another alternate fuel as primary energy source,

unless permit authorizing such increased use had been issued by

Secretary.

-End-

-CITE-

42 USC SUBCHAPTER V - SYSTEM COMPLIANCE OPTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER V - SYSTEM COMPLIANCE OPTION

-HEAD-

SUBCHAPTER V - SYSTEM COMPLIANCE OPTION

-End-

-CITE-

42 USC Sec. 8391 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER V - SYSTEM COMPLIANCE OPTION

-HEAD-

Sec. 8391. Repealed. Pub. L. 100-42, Sec. 1(a)(6), May 21, 1987,

101 Stat. 310

-MISC1-

Section, Pub. L. 95-620, title V, Sec. 501, Nov. 9, 1978, 92

Stat. 3321, mandated that existing electric powerplants owned or

operated by an electric utility be considered in compliance with

prohibitions under subchapter III of this chapter relating to use

of natural gas if there is in effect an approved plan of system

compliance for such utility, and set forth requirements for

approval of such plan.

-End-

-CITE-

42 USC SUBCHAPTER VI - FINANCIAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VI - FINANCIAL ASSISTANCE

-HEAD-

SUBCHAPTER VI - FINANCIAL ASSISTANCE

-End-

-CITE-

42 USC Sec. 8401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VI - FINANCIAL ASSISTANCE

-HEAD-

Sec. 8401. Assistance to areas impacted by increased coal or

uranium production

-STATUTE-

(a) Designation of impacted areas

(1) In accordance with such criteria and guidelines as the

Secretary of Agriculture shall, by rule, prescribe, the Governor of

any State may designate any area within such State for the purposes

of this section, if he finds that -

(A) either (i) employment in coal or uranium production

development activities in such area has increased for the most

recent calendar year by 8 percent or more from the immediately

preceding year or (ii) employment in such activities will

increase 8 percent or more per year during each of the 3 calendar

years beginning after the date of such finding;

(B) such employment increase has required or will require

substantial increases in housing or public facilities and

services or a combination of both in such area; and

(C) the State and the local government or governments serving

such area lack the financial and other resources to meet any such

increases in public facilities and services within a reasonable

time.

The Secretary of Agriculture shall prescribe a rule containing

criteria and guidelines for making a designation under this

subsection, after consultation with the Secretary of Labor and the

Secretary of Energy, not later than 180 days after the effective

date of this chapter.

(2) For purposes of paragraph (1)(C), increased revenues,

including severance tax revenues, royalties, and similar fees to

the State and local governments which are associated with the

increase in coal or uranium development activities and which are

not prohibited from being used under provisions of law in effect on

November 9, 1978, shall be taken into account in determining if a

State or local government lacks financial resources.

(3) The Secretary shall, after consultation with the Secretary of

Agriculture, approve any designation of an area under paragraph (1)

only if -

(A) the Governor of the State making the designation provides

the Secretary in writing with the data and information on which

such designation was made, together with such additional

information as the Secretary may require to carry out the

purposes of this section; and

(B) the Secretary determines that the requirements of

subparagraphs (A), (B), and (C) of paragraph (1) have been met.

(b) Planning grants

(1) The Secretary of Agriculture may make a grant to any State in

which there is an area designated and approved under subsection (a)

of this section for the purposes of developing a plan for such area

which shall include determinations of -

(A) the anticipated level of coal or uranium production

activities in such area;

(B) the socio-economic impacts which have occurred or which are

reasonably projected to occur as a result of the increase in coal

or uranium production activities;

(C) the availability and location of resources within such area

to meet the increased needs resulting from socio-economic impacts

determined under subparagraph (B) (such as any increased need for

housing, or public facilities and services); and

(D) the nature and expense of measures necessary to meet within

a reasonable time the increased needs resulting from such impact

for which there are no resources reasonably available other than

under this section.

(2)(A) Any grant for developing a plan under this subsection

shall be for an amount equal to 100 percent of the costs of such

plan, as determined by the Secretary of Agriculture.

(B) The aggregate amount granted under this subsection in any

fiscal year may not exceed 10 percent of the total amount

appropriated for purposes of this section for such year.

(3) The Governor of a State receiving a grant under this

subsection for developing a plan shall submit a copy of such plan

to the Secretary of Agriculture as soon as practicable after it has

been prepared.

(c) Land acquisition and development grants

(1) In the case of any real property -

(A) within an area for which a plan meeting the requirements of

subsection (b)(1) of this section has been approved;

(B) which is for housing or public facilities determined in

such plan as necessary due to an increase in employment due to

coal or uranium development activities;

(C) with respect to which the Secretary of Agriculture has

determined that the State and the local governments serving such

area do not have the financial resources to acquire or the legal

authority to acquire by condemnation; and

(D) with respect to which there has been an approval in writing

by the Governor of such State that the Secretary of Agriculture

exercise his authority under this paragraph;

the Secretary of Agriculture may acquire such real property or

interest therein, by purchase, donation, lease, or exchange.

Property so acquired shall be transferred to the State under such

terms and conditions as the Secretary of Agriculture deems

appropriate. Such terms and conditions shall provide for the

reimbursement to the Secretary of Agriculture for the fair market

value of the property, as determined by the Secretary of

Agriculture. The value of any improvement of such property made

after such acquisition shall not be taken into account in

determining the fair market value of such property under this

subsection. Amounts so received by the Secretary of Agriculture

shall be deposited in the Treasury of the United States as

miscellaneous receipts.

(2) Any approval by a Governor of a State under paragraph (1)(D)

shall constitute a binding commitment of such State to accept the

property to be acquired and to provide reimbursement for the amount

of the fair market value of such property, as determined under

paragraph (1).

(3) The Secretary of Agriculture may acquire property under

paragraph (1) by condemnation only if he finds that -

(A) such property is not available by means other than

condemnation at a price which does not substantially exceed the

fair market value of such property;

(B) other real property is not similarly available which is

within the same designated area and which is suitable for the

purposes to which the property involved is to be applied; and

(C) the State and the local governments serving such area lack

the legal authority to acquire such property by condemnation.

(4)(A) In the case of any real property which meets the

requirements of subparagraphs (A), (B), and (C) of paragraph (1),

the Secretary of Agriculture may make a grant to the State in which

such property is located for the purposes of acquiring such

property, and for any site development which is consistent with the

plan developed under subsection (b) of this section.

(B) In the case of property acquired by the Secretary of

Agriculture under paragraph (1) and transferred to the State, the

Secretary of Agriculture may make a grant to such unit of

government for the purposes of site development which is consistent

with such plan.

(C) Grants for real property acquisition or site development or

both under this paragraph may not exceed 75 percent of the costs

thereof, as determined by the Secretary of Agriculture.

(5) In the selection of real property for acquisition and in such

acquisition under this subsection, preference shall be given to

real property which the Secretary of Agriculture determines at such

time to be unoccupied or previously mined and abandoned.

(6)(A) Property held by the United States in trust for Indians or

any Indian tribe may not be acquired by condemnation under this

section.

(B) No property within the National Forest System (as defined in

section 1609 (!1) of title 16) may be exchanged by the Secretary in

any acquisition under paragraph (1).

(d) General requirements regarding assistance

(1) Assistance under this section shall be provided only upon

application, which application shall contain such information as

the Secretary of Agriculture shall prescribe.

(2) The Secretary of Agriculture may make any grant under this

section in whole or in part to the local government or governments

serving an area designated and approved under subsection (a) of

this section, or to a council of local governments which includes

one or more local governments serving such area (in lieu of making

such grant solely to the State), if he has determined, after

consultation with the Governor of the State, that to do so would be

appropriate.

(3) The Secretary of Agriculture shall prescribe, by rule,

criteria for the allocation of assistance under this section. Such

criteria shall give due weight to the magnitude of the employment

increase involved, the financial resources of the designated area,

and the ratio of the financial burden on the area to the resources

available to such area.

(4) Assistance under this section shall be provide only if the

Secretary of Agriculture is satisfied that -

(A) the amounts expended by the State and the local governments

involved for the same purposes for which such assistance is

provided will not be reduced; and

(B) the amount of such assistance does not reflect any amount

for which other Federal financial assistance is provided or on

proper application would be provided.

(e) "Coal or uranium development activities" and "site development"

defined

For the purposes of this section -

(1) The term "coal or uranium development activities" means the

production, processing, or transportation of coal or uranium.

(2) The term "site development" means necessary off-site

improvements, such as the construction of sewer and water

connections, construction of access roads, and appropriate site

restoration, but does not include any portion of the construction

of housing or public facilities.

(f) Reports

Any person regularly engaged in any coal or uranium development

activity within an area designated and approved under subsection

(a) of this section shall prepare and transmit a report to the

Secretary of Energy within 90 days after a written request to such

person by the Governor of the State in which such area is located.

Such report shall include -

(1) projected employment levels for such activity by such

person within such area during each of the following 3 calendar

years;

(2) the projected increase in employees in such area to engage

in such activity during each of such calendar years;

(3) the projected quantity of coal (or uranium) to be produced,

processed, or transported by such person during each of such

calendar years; and

(4) actions such companies plan to take or are taking to

provide needed housing and other facilities for their employees

directly or by providing funds to the States or local communities

for this purpose.

Copies of the report shall be provided to the Secretary of Energy

and the Secretary shall, subject to the provisions of section

796(d) of title 15, provide the report to the Secretary of

Agriculture, the Governor, and the appropriate county or local

officials and make it available for public review.

(g) Administration

The Secretary of Agriculture shall carry out his responsibilities

under this section through the Farmers Home Administration and such

other agencies within the Department of Agriculture as he may

determine appropriate.

(h) Appropriations authorization

(1) (!2) There is hereby authorized to be appropriated to the

Secretary of Energy for purposes of this section, $60,000,000 for

fiscal year 1979 and $120,000,000 for fiscal year 1980. The

Secretary of Energy and the Secretary of Agriculture shall enter

into an agreement for the allocation of funds appropriated pursuant

to this section for carrying out their respective responsibilities

under this section, including the amounts for personnel and

administrative costs, and upon such agreement, the Secretary of

Energy shall transfer to the Secretary of Agriculture amounts

determined under that agreement.

(i) Protection from certain hazardous actions

Federal agencies having responsibilities concerning the health

and safety of any person working in any coal, uranium, metal, or

nonmetallic mine regulated by any Federal agency shall interpret

and utilize their authorities fully and promptly, including the

promulgation of standards and regulations, to protect existing and

future housing, property, persons, and public facilities located

adjacent to or near active and abandoned coal, uranium, metal, and

nonmetallic mines from actions occurring at such activities that

pose a hazard to such property or persons.

(j) Reorganization

The authority of the Secretary of Agriculture and the authority

of the Secretary of Energy under this section may not be

transferred to any other Secretary or to any other Federal agency

under chapter 9 of title 5 or under any other provision of law,

other than under specific provisions of a law enacted after

November 9, 1978. The preceding provisions of this subsection shall

not preclude either Secretary from delegating any such authority to

any officer, employee, or entity within such Secretary's

department.

-SOURCE-

(Pub. L. 95-620, title VI, Sec. 601, Nov. 9, 1978, 92 Stat. 3323.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec.

(a)(1), is the effective date of Pub. L. 95-620. See section 901 of

Pub. L. 95-620, set out as an Effective Date note under section

8301 of this title.

Section 1609 of title 16, referred to in subsec. (c)(6)(B), was

in the original "section 10 of the Forest and Rangeland Renewable

Resources Planning Act of 1974". Such section 10 is classified to

section 1608 of title 16 but has been editorially translated as

section 1609 of title 16 as the probable intent of Congress in that

the properties defined as being in the National Forest System

appear in section 1609.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8401a of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. No par. (2) has been enacted.

-End-

-CITE-

42 USC Sec. 8401a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VI - FINANCIAL ASSISTANCE

-HEAD-

Sec. 8401a. "Local government" defined

-STATUTE-

For the purposes of section 8401 of this title, the term "local

government" shall include -

(1) any county, parish, city, town, township, village or other

general purpose political subdivision of a State with the power

to levy taxes and expend Federal, State, and local funds and

exercise governmental powers; and

(2) which (in whole or in part) is located in, or has authority

over the energy impacted area: Provided further, That such term

shall include a public or private nonprofit corporation, or a

school, water, sewer, highway, or other public special purpose

district, authority, or body, with the concurrence of the

Governor: Provided further, That such term shall be applicable to

all applications for assistance received since the effective date

of section 8401 of this title.

-SOURCE-

(Pub. L. 96-514, title II, Sec. 201, Dec. 12, 1980, 94 Stat. 2975.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of section 8401 of this title, referred to in

par. (2), see section 901 of Pub. L. 95-620, set out as an

Effective Date note under section 8301 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1981, and not as part of the

Powerplant and Industrial Fuel Use Act of 1978 which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 8402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VI - FINANCIAL ASSISTANCE

-HEAD-

Sec. 8402. Loans to assist powerplant acquisitions of air pollution

control equipment

-STATUTE-

(a) Authority to make loans

The Secretary may, in accordance with the provisions of this

section and such rules and regulations as he shall prescribe, make

a loan (and may make a commitment to loan) to any person who owns

or operates any existing electric powerplant converting to coal or

other alternate fuel as its primary energy source after the

effective date of this chapter for the purpose of financing the

purchase and installation of one or more certified air pollution

control devices for such electric powerplant.

(b) Limitations and conditions

A loan made under this section shall -

(1) not exceed two-thirds of the cost of purchasing and

installing the certified air pollution control devices;

(2) have a maturity date not extending beyond 10 years after

the date such loan is made;

(3) bear interest at a rate not less than (A) a rate determined

by the Secretary of the Treasury, taking into consideration the

average market yield of outstanding Treasury obligations of

comparable maturity, plus (B) 1 percent;

(4) be made on the condition of payment to the Secretary of a

loan fee in an amount equal to (A) such insurance fee as the

Secretary determines is necessary to avoid a Federal revenue loss

under this section, plus (B) 1 percent of the loan amount; and

(5) be made only if the Secretary finds that -

(A) the financial assistance applied for is not otherwise

available from other Federal agencies;

(B) the applicant is unable to obtain sufficient funds on

reasonable terms and conditions from any other source;

(C) there is continued reasonable assurance of full repayment

of the principal, interest, and fees; and

(D) competition among private entities for the provision of

air pollution control devices for electric powerplants using

coal as their primary energy source to be assisted under this

section will be in no way limited or precluded.

(c) Allocation and priorities

In making loans or commitments to loan pursuant to this section,

the Secretary shall -

(1) allocate a minimum of 25 percent of available financial

assistance to existing small municipal and rural powerplants; and

(2) give priority consideration to requests for financial

assistance by existing electric powerplants subject to any

prohibition under subchapter III of this chapter (or under

section 792 of title 15).

(d) Definitions

For purposes of this section -

(1) The term "certified pollution control device" means a new

identifiable device which -

(A) is used, in connection with a powerplant, to abate or

control atmospheric pollution by removing, altering, disposing,

storing, or preventing the emission of pollutants;

(B) the appropriate State air pollution control agency has

certified to the Administrator of the Environmental Protection

Agency that such device is needed to meet, and is in conformity

with, State requirements for abatement or control of

atmospheric pollution or contamination;

(C) the Administrator of the Environmental Protection Agency

has certified to the Secretary as not duplicating or displacing

existing air pollution control devices with a remaining useful

economic life in excess of 2 years and as otherwise being in

furtherance of the requirements and purposes of the Clean Air

Act [42 U.S.C. 7401 et seq.];

(D) does not constitute or include a building, or a

structural component of a building, other than a building used

exclusively for the purposes set forth in subparagraph (A); and

(E) the construction of which began after the effective date

of this chapter.

(2) The term "small municipal or rural cooperative electric

powerplant" means an electric generating unit, which -

(A) by design is not capable of consuming fuel at a fuel heat

input rate in excess of a rate determined appropriate by the

Secretary by rule; and

(B) is owned or operated by a municipality or a rural

electric cooperative.

(e) Records

(1) The Secretary shall require all persons receiving financial

assistance under this section to keep such records as the Secretary

shall prescribe, including records which fully disclose the amount

and disposition by such recipient of the proceeds of such

assistance, the total cost of the project or undertaking in

connection with which such assistance was given or used, the amount

of that portion of the cost of the project or undertaking supplied

by other sources, and such other records as will facilitate an

effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall,

until the later of -

(A) the expiration of 3 years after completion of the project

or undertaking referred to in subsection (a) of this section, or

(B) full repayment of interest and principal on a loan made

under this section, occurs,

have access for the purposes of audit, evaluation, examination to

any books, documents, papers, and records of such receipts which in

the opinion of the Secretary or the Comptroller General may be

related or pertinent to such loan.

(f) Default

(1) If there is a default in any payment by the obligor of

interest or principal due under a loan entered into by the

Secretary under this section and such default has continued for 90

days, the Secretary has the right to demand payment of such unpaid

amount, unless the Secretary finds that such default has been

remedied, or a satisfactory plan to remedy such default by the

obligor has been accepted by the Secretary.

(2) In demanding payment of unpaid interest or principal by the

obligor, the Secretary has all rights specified in the loan-related

agreements with respect to any security which he held with respect

to the loan, including the authority to complete, maintain,

operate, lease, sell, or otherwise dispose of any property acquired

pursuant to such loan or related agreements.

(3) If there is a default under any loan, the Secretary shall

notify the Attorney General who shall take such action against the

obligator or other parties liable thereunder as is, in his

discretion, necessary to protect the interests of the United

States. The holder of such loan shall make available to the United

States all records and evidence necessary to prosecute any such

suit.

(g) Deposit of receipts

Amounts received by the Secretary as principal, interest, fees,

proceeds from security acquired following default, or other amounts

received by the Secretary in connection with loans made under this

section shall be paid into the Treasury of the United States as

miscellaneous receipts.

(h) Authorization of appropriation

There are hereby authorized to be appropriated to the Secretary

such sums as may be necessary to carry out the purposes of this

section, but not to exceed $400,000,000 for fiscal year 1979 and

$400,000,000 for fiscal year 1980. Authority granted to the

Secretary under subsection (a) of this section may be exercised

only to the extent as may be provided in advance in appropriation

Acts.

-SOURCE-

(Pub. L. 95-620, title VI, Sec. 602, Nov. 9, 1978, 92 Stat. 3327.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsecs. (a)

and (d)(1)(E), is the effective date of Pub. L. 95-620. See section

901 of Pub. L. 95-620, set out as an Effective Date note under

section 8301 of this title.

The Clean Air Act, referred to in subsec. (d)(1)(C), is act July

14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

-End-

-CITE-

42 USC SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

-HEAD-

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

-End-

-CITE-

42 USC Part A - Procedures 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part A - Procedures

-HEAD-

PART A - PROCEDURES

-End-

-CITE-

42 USC Sec. 8411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part A - Procedures

-HEAD-

Sec. 8411. Administrative procedures

-STATUTE-

(a) General rulemaking

Except to the extent otherwise provided in this section or other

provisions of this chapter, rules prescribed under this chapter

shall be made in accordance with the procedures set forth in

section 553 of title 5.

(b) Notices of rules and orders imposing prohibitions

Before the Secretary prescribes any rule or issues any order

imposing a prohibition under this chapter, he shall publish such

proposed rule or order in the Federal Register, together with a

statement of the reasons for such rule or order and, in the case of

a rule, a detailed statement of any special circumstances or

characteristics required to be taken into account in prescribing

such rule. A copy shall be transmitted to the person who operates

any such powerplant required to be specifically identified in such

rule or order.

(c) Petitions for exemptions

(1) Any petition for an exemption from any prohibition under this

chapter shall be filed at such time and shall be in such form as

the Secretary shall by rule prescribe. The Secretary, upon receipt

of such petition, shall publish a notice thereof in the Federal

Register together with a statement of the reasons set forth in such

a petition for requesting such exemption, and provide a period of

public comment of at least 45 days for written comments thereon.

Rules required under this paragraph shall be prescribed not later

than 120 days after November 9, 1978.

(2) The Secretary, upon receipt of such petition, shall notify

the appropriate State agencies having primary authority to permit

or regulate the construction or operation of the electric

powerplant which is the subject of such petition, and, to the

maximum extent practicable, consult with such agencies.

(3) The Secretary, within 6 months after the period for public

comment and hearing applicable to any petition for an exemption,

shall issue a final order granting or denying the petition for such

exemption, except that the Secretary may extend such period to a

specified date if he publishes notice thereof in the Federal

Register and includes with such notice a statement of the reasons

for such extension.

(d) Public comment on prohibitions and exemptions

(1) In the case of any proposed rule or order by the Secretary

imposing a prohibition or any petition for any order granting an

exemption under this chapter, any interested person shall be

afforded an opportunity to present oral data, views, and arguments

at a public hearing. At such hearing any interested person shall

have an opportunity to question -

(A) other interested persons who make oral presentations,

(B) employees and contractors of the United States who have

made written or oral presentations or who have participated in

the development of the proposed rule or order or in the

consideration of such petition, and

(C) experts and consultants who have provided information to

any person who makes an oral presentation and which is contained

in or referred to in such presentation,

with respect to disputed issues of material fact, except that the

Secretary may restrict questioning if he determines that such

questioning is duplicative or is not likely to result in a timely

and effective resolution of such issues. Any oral or documentary

evidence may be received, but the Secretary as a matter of policy

shall provide for the exclusion of irrelevant, immaterial, or

unduly repetitious evidence.

(2) A rule or order subject to this section may not be issued

except on consideration of the whole record or those parts thereof

cited by a party and supported by and in accordance with the

reliable, probative, and substantial evidence.

(e) Transcript

A transcript shall be kept of any public hearing made in

accordance with this section.

(f) Environmental Protection Agency comment

A copy of any proposed rule or order to be prescribed or issued

by the Secretary which imposes a prohibition under this chapter

(other than under section 8374 of this title), or a petition for an

exemption (or permit) under this chapter (other than under section

8374 of this title), shall be transmitted by the Secretary to the

Administrator of the Environmental Protection Agency and the

Secretary shall request such agency to comment thereon within the

period provided to the public unless a longer period is provided

under the Clean Air Act [42 U.S.C. 7401 et seq.]. In any such case,

the Administrator of the Environmental Protection Agency shall be

afforded the same opportunity to comment and question as is

provided other interested persons under subsection (d) of this

section.

(g) Repealed. Pub. L. 100-42, Sec. 1(c)(16)(E), May 21, 1987, 101

Stat. 313

(h) Coordination with other provisions of law

(1) Except as provided in sections 8412(c)(4), 8433(d)(5), and

8434 of this title, title V of the Department of Energy

Organization Act (42 U.S.C. 7191, et seq.) shall not apply with

respect to this chapter.

(2) The preceding provisions of this section shall not apply with

respect to any exercise of authority under section 8374 of this

title.

(3) The procedures applicable under this chapter shall not -

(A) be considered to be modified or affected by any other

provision of law unless such other provision specifically amends

this chapter (or provisions of law cited herein), or

(B) be considered to be superseded by any other provision of

law unless such other provision does so in specific terms,

referring to this chapter, and declaring that such provision

supersedes, in whole or in part, the procedures of this chapter.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 701, Nov. 9, 1978, 92 Stat. 3329;

Pub. L. 100-42, Sec. 1(c)(16), May 21, 1987, 101 Stat. 313.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (f), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Department of Energy Organization Act, referred to in subsec.

(h)(1), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 567, as amended.

Title V of the Department of Energy Organization Act is classified

generally to subchapter V (Sec. 7191 et seq.) of chapter 84 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7101 of this title and

Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-42, Sec. 1(c)(16)(A), struck out

"(other than under section 8372 of this title)" after "this

chapter" and "or installation" after "powerplant".

Subsec. (c)(1). Pub. L. 100-42, Sec. 1(c)(16)(B)(i), (ii), struck

out "or for any permit under section 8375 of this title" after

"this chapter" and "or permit" after "such exemption".

Subsec. (c)(2). Pub. L. 100-42, Sec. 1(c)(16)(B)(iii), struck out

"or, where appropriate, major fuel-burning installation" after

"powerplant".

Subsec. (c)(3). Pub. L. 100-42, Sec. 1(c)(16)(B)(i), struck out

"or permit" after "exemption" in two places.

Subsec. (c)(4). Pub. L. 100-42, Sec. 1(c)(16)(B)(iv), struck out

par. (4) which read as follows: "Any order for the approval of a

system compliance plan under section 8391 of this title, and any

petition for such an order, shall be treated for purposes of this

subchapter the same as an order (or petition) for an exemption."

Subsec. (d)(1). Pub. L. 100-42, Sec. 1(c)(16)(C), struck out "(or

permit)" after "an exemption" and "(other than under section 8372

of this title)" after "under this chapter".

Subsec. (f). Pub. L. 100-42, Sec. 1(c)(16)(D), struck out "8372

or" after "(other than under section" in two places.

Subsec. (g). Pub. L. 100-42, Sec. 1(c)(16)(E), struck out subsec.

(g) which read as follows: "A copy of any proposed rule or order to

be prescribed or issued by the Secretary which imposes a

prohibition under this chapter (other than under section 8372 or

8374 of this title) with respect to a major fuel-burning

installation or a boiler subject to section 8371 of this title or a

petition by such installation or boiler for an exemption (or

permit) under this chapter (other than under section 8372 or 8374

of this title), shall be transmitted by the Secretary to the

Federal Trade Commission and the Secretary shall request such

Commission to comment thereon within the period provided to the

public. In any such case, the Federal Trade Commission shall be

afforded the same opportunity to comment and question as is

provided other interested persons under subsection (d) of this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8343 of this title.

-End-

-CITE-

42 USC Sec. 8412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part A - Procedures

-HEAD-

Sec. 8412. Judicial review

-STATUTE-

(a) Publication and delay of prohibition or exemption to allow for

review

Any final rule or order prescribed by the Secretary imposing a

prohibition or granting an exemption (or permit) under this chapter

shall be published in the Federal Register, and shall not take

effect earlier than the 60th calendar day after such rule or order

is published.

(b) Publication of denial of exemption or permit

Any final order issued by the Secretary denying any petition for

an exemption or a permit under this chapter shall be published in

the Federal Register, together with the reasons for such action.

(c) Judicial review

(1) Any person aggrieved by any final rule or order referred to

in subsection (a) of this section or in section 8374 of this title,

or by the denial of a petition for an order granting an exemption

(or permit) referred to in subsection (b) of this section, may at

any time before the 60th day after the date such rule, order, or

denial is published under subsection (a) or (b) of this section,

file a petition with the United States court of appeals for the

circuit wherein such person resides, or has his principal place of

business, for judicial review thereof. A copy of the petition shall

be forthwith transmitted by the clerk of the court to the

Secretary. The Secretary thereupon shall file in the court the

written submissions to, and transcript of, the written or oral

proceedings on which the rule or order was based as provided in

section 2112 of title 28.

(2) Upon the filing of the petition referred to in paragraph (1),

the court shall have jurisdiction to review the rule, order, or

denial in accordance with chapter 7 of title 5, and to grant

appropriate relief as provided in such chapter. No rule or order

(or denial thereof) may be affirmed unless supported by substantial

evidence.

(3) The judgment of the court affirming or setting aside, in

whole or in part, any such rule, order, or denial shall be final,

subject to review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of title

28.

(4) Subject to the direction and control of the Attorney General,

as provided in section 519 of title 28, attorneys appointed by the

Secretary may appear for and represent the Secretary in any

proceeding instituted under this section in accordance with section

7192(c) of this title.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 702, Nov. 9, 1978, 92 Stat. 3331.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8343, 8411 of this title.

-End-

-CITE-

42 USC Part B - Information and Reporting 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part B - Information and Reporting

-HEAD-

PART B - INFORMATION AND REPORTING

-End-

-CITE-

42 USC Sec. 8421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part B - Information and Reporting

-HEAD-

Sec. 8421. Information

-STATUTE-

(a) Authority of Secretary

For purposes of carrying out his responsibilities under this

chapter, the Secretary may require, under the authority of this

chapter or any other authority administered by him, any person

owning, operating or controlling any electric powerplant, or any

other person otherwise subject to this chapter to submit such

information and reports of any kind or nature directly to the

Secretary necessary to implement the provisions of this chapter,

and insure compliance with the provisions of this chapter, and any

rule or order thereunder. The provisions of section 796(d) of title

15 shall apply with respect to information obtained under this

section to the same extent and in the same manner as it applies

with respect to energy information obtained under section 796 of

title 15.

(b) Authority of President and Federal Energy Regulatory Commission

In the case of responsibilities expressly given by this chapter

to the President or the Federal Energy Regulatory Commission,

subsection (a) of this section shall be applied as if the

references to the Secretary were references to the President or the

Federal Energy Regulatory Commission, as the case may be.

(c) Natural gas usage by electric utilities

(1) For purposes of section 8374(b) of this title and other

emergency authorities, the Secretary shall obtain data necessary to

determine -

(A) within 6 months after August 13, 1981, the total quantities

of natural gas used as a primary energy source by each electric

utility during calendar year 1977, and

(B) on a semiannual basis, the total quantities of natural gas

used as a primary energy source during the previous 6-month

period by each electric utility.

(2) Repealed. Pub. L. 104-66, title I, Sec. 1051(e), Dec. 21,

1995, 109 Stat. 716.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 711, Nov. 9, 1978, 92 Stat. 3332;

Pub. L. 97-35, title X, Sec. 1021(b), Aug. 13, 1981, 95 Stat. 615;

Pub. L. 100-42, Sec. 1(c)(17), May 21, 1987, 101 Stat. 313; Pub. L.

104-66, title I, Sec. 1051(e), Dec. 21, 1995, 109 Stat. 716.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c)(2). Pub. L. 104-66 struck out par. (2) which

read as follows: "The Secretary shall include in each annual report

to the Congress under section 8482 of this title a summary of

information received by the Secretary under this subsection."

1987 - Subsec. (a). Pub. L. 100-42 struck out "or major

fuel-burning installation" after "powerplant".

1981 - Subsec. (c). Pub. L. 97-35 added subsec. (c).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1038 of Pub. L. 97-35, set out as a note under section 6240 of this

title.

-End-

-CITE-

42 USC Sec. 8422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part B - Information and Reporting

-HEAD-

Sec. 8422. Compliance report

-STATUTE-

(a) Generally

Any person owning, operating, or proposing to operate one or more

existing electric powerplants required to come into compliance with

the prohibitions of this chapter shall on or before January 1,

1980, and annually thereafter, submit to the Secretary a report

identifying all such existing electric powerplants owned or

operated by such person. Such report shall -

(1) set forth the anticipated schedule for compliance with the

applicable requirements and prohibitions by each such electric

powerplant;

(2) indicate proposed or existing contracts or other

commitments or good faith negotiations for such contracts or

commitments for coal or another alternate fuel, equipment, or

combinations thereof, which would enable such powerplant to

comply with such prohibitions; and

(3) identify those electric powerplants, if any, for which

application for temporary or permanent exemption from the

prohibitions of this chapter may be filed.

(b) Report on implementation of section 8484 plan

Any electric utility required to submit a conservation plan under

section 8484 of this title shall annually submit to the Secretary a

report identifying the steps taken during the preceding year to

implement such plan.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 712, Nov. 9, 1978, 92 Stat. 3332;

Pub. L. 97-35, title X, Sec. 1023(b), Aug. 13, 1981, 95 Stat. 617.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1038 of Pub. L. 97-35, set out as a note under section 6240 of this

title.

-End-

-CITE-

42 USC Part C - Enforcement 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

PART C - ENFORCEMENT

-End-

-CITE-

42 USC Sec. 8431 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

Sec. 8431. Notice of violation; other general provisions

-STATUTE-

(a) Notice of violation

(1) Whenever, on the basis of any information available, the

Secretary finds that any person is in violation of any provision of

this chapter, or any rule or order thereunder, the Secretary shall

issue notice of such violation. Any notice issued under this

subsection shall be in writing and shall state with reasonable

specificity the nature of the violation.

(2) Paragraph (1) shall not be construed to relieve any person of

liability under the other provisions of this chapter for any act or

omission occurring before the issuance of notice.

(b) Individual liability of corporate personnel

Any individual director, officer, or agent of a corporation who

willfully authorizes, orders, or performs any of the acts or

practices constituting in whole or in part a violation of this

chapter, or any rule or order thereunder, shall be subject to

penalties under this section without regard to any penalties to

which the corporation may be subject, except that no such

individual director, officer, or agent shall be subject to

imprisonment under section 8432 of this title, unless he also knew

of noncompliance by the corporation or had received from the

Secretary notice of noncompliance by the corporation.

(c) Repealed. Pub. L. 100-42, Sec. 1(c)(18), May 21, 1987, 101

Stat. 313

(d) Federal agencies

The provisions of sections 8432 and 8433 of this title shall not

be construed to apply to any Federal agency or officer or employee

thereof acting in his official capacity.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 721, Nov. 9, 1978, 92 Stat. 3333;

Pub. L. 100-42, Sec. 1(c)(18), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-42 struck out subsec. (c) which

read as follows: "No person shall be subject to any penalty under

this part with respect to the operation of any powerplant in excess

of that allowed by an exemption granted on the basis of the

operation of such powerplant as a peakload powerplant if it is

demonstrated to the Secretary that such operation was necessary to

meet peakload demand and that other peakload powerplants within the

same system as such powerplant -

"(1) were unavailable for service -

"(A) due to unit or system outages; or

"(B) because operation of such other powerplants would result

in their exceeding the hours of operation allowed under an

exemption; and

"(2) have not been operated other than to meet peakload

demand."

-End-

-CITE-

42 USC Sec. 8432 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

Sec. 8432. Criminal penalties

-STATUTE-

Any person who willfully violates any provision of this chapter,

or any rule or order thereunder, shall be subject to a fine of not

more than $50,000, or to imprisonment for not more than one year,

or both, for each violation.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 722, Nov. 9, 1978, 92 Stat. 3333;

Pub. L. 100-42, Sec. 1(c)(19), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-42 struck out "(other than section 8372 of

this title)" after "this chapter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8431 of this title.

-End-

-CITE-

42 USC Sec. 8433 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

Sec. 8433. Civil penalties

-STATUTE-

(a) General civil penalty

Any person who violates any provision of this chapter, or rule or

order thereunder, shall be subject to a civil penalty, which shall

be assessed by the Secretary, of not more than $25,000 for each

violation. Each day of violation shall constitute a separate

violation.

(b) Civil penalty for operation in excess of exemption

In the case of any electric powerplant granted an exemption, any

person who operates such powerplant during any 12-calendar-month

period in excess of that authorized in such exemption, shall be

liable for a civil penalty, which shall be assessed by the

Secretary. The amount of such civil penalty may not exceed $10 per

barrel of petroleum or $3 per Mcf of natural gas used in operation

of such powerplant in excess of that authorized in such exemption.

(c) Repealed. Pub. L. 100-42, Sec. 1(c)(20)(C), May 21, 1987, 101

Stat. 314

(d) Assessment

(1) Before issuing an order assessing a civil penalty against any

person under this chapter, the Secretary shall provide to such

person notice of the proposed penalty. Such notice shall inform

such person of his opportunity to elect in writing within 30 days

after the date of receipt of such notice to have the procedures of

paragraph (3) (in lieu of those of paragraph (2)) apply with

respect to such assessment.

(2)(A) Unless an election is made within 30 calendar days after

receipt of notice under paragraph (1) to have paragraph (3) apply

with respect to such penalty, the Secretary shall assess the

penalty, by order, after a determination of violation has been made

on the record after an opportunity for an agency hearing pursuant

to section 554 of title 5 before an administrative law judge

appointed under section 3105 of such title 5. Such assessment order

shall include the administrative law judge's findings and the basis

for such assessment.

(B) Any person against whom a penalty is assessed under this

paragraph may, within 60 calendar days after the date of the order

of the Secretary assessing such penalty, institute an action in the

United States court of appeals for the appropriate judicial circuit

for judicial review of such order in accordance with chapter 7 of

title 5. The court shall have jurisdiction to enter a judgment

affirming, modifying, or setting aside in whole or in part, the

order of the Secretary, or the court may remand the proceeding to

the Secretary for such further action as the court may direct.

(3)(A) In the case of any civil penalty with respect to which the

procedures of this paragraph have been elected, the Secretary shall

promptly assess such penalty, by order, after the date of the

receipt of the notice under paragraph (1) of the proposed penalty.

(B) If the civil penalty has not been paid within 60 calendar

days after the assessment order has been made under subparagraph

(A), the Secretary shall institute an action in the appropriate

district court of the United States for an order affirming the

assessment of the civil penalty. The court shall have authority to

review de novo the law and the facts involved, and shall have

jurisdiction to enter a judgment enforcing, modifying, and

enforcing as so modified, or setting aside in whole or in part,

such assessment.

(C) Any election to have this paragraph apply may not be revoked

except with the consent of the Secretary.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order under paragraph

(2), or after the appropriate district court has entered final

judgment in favor of the Secretary under paragraph (3), the

Secretary shall institute an action to recover the amount of such

penalty in any appropriate district court of the United States. In

such action, the validity and appropriateness of such final

assessment order or judgment shall not be subject to review.

(5)(A) Notwithstanding the provisions of title 28, or of section

7192(c) of this title, the Secretary shall be represented by the

general counsel of the Department of Energy (or any attorney or

attorneys within the Department of Energy designated by the

Secretary) who shall supervise, conduct, and argue any civil

litigation to which paragraph (3) of this subsection applies

(including any related collection action under paragraph (4)) in a

court of the United States or in any other court, except the

Supreme Court. However, the Secretary or the general counsel shall

consult with the Attorney General concerning such litigation, and

the Attorney General shall provide, on request, such assistance in

the conduct of such litigation as may be appropriate.

(B) Subject to the provisions of section 7192(c) of this title,

the Secretary shall be represented by the Attorney General, or the

Solicitor General, as appropriate, in actions under this

subsection, except to the extent provided in subparagraph (A) of

this paragraph.

(C) Section 7172(d) of this title shall not apply with respect to

the functions of the Secretary under this subsection.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 723, Nov. 9, 1978, 92 Stat. 3333;

Pub. L. 100-42, Sec. 1(c)(20), May 21, 1987, 101 Stat. 313.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42, Sec. 1(c)(20)(A), struck out

"(other than section 8372 of this title)" after "this chapter".

Subsec. (b). Pub. L. 100-42, Sec. 1(c)(20)(B), (C), struck out

"(1)" before "In the case of" and struck out par. (2) which read as

follows: "Any person operating a major fuel-burning installation

granted an exemption which, for any 12-calendar-month period, uses

petroleum or natural gas, or both, in excess of that use allowed by

such exemption shall be liable for a civil penalty, which shall be

assessed by the Secretary. The amount of such civil penalty may not

exceed $10 per barrel of petroleum or $3 per Mcf of natural gas

which was used in excess of that use allowed by such exemption."

Subsec. (c). Pub. L. 100-42, Sec. 1(c)(20)(C), struck out subsec.

(c) which set forth civil penalties for violation of section 8372

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8411, 8431 of this title.

-End-

-CITE-

42 USC Sec. 8434 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

Sec. 8434. Injunctions and other equitable relief

-STATUTE-

Whenever it appears to the Secretary that any person has engaged,

is engaged, or is about to engage in acts or practices constituting

a violation of this chapter, or any rule or order thereunder, a

civil action,(!1) may be brought, in accordance with section

7192(c) of this title, in the appropriate district court of the

United States to enjoin such acts or practices, and, upon a proper

showing, the court shall grant, without bond, mandatory or

prohibitive injunctive relief, including interim equitable relief.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 724, Nov. 9, 1978, 92 Stat. 3335.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8411 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 8435 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part C - Enforcement

-HEAD-

Sec. 8435. Citizens suits

-STATUTE-

(a) General rule

Except as otherwise provided in subsection (b) of this section,

any aggrieved person may commence a civil action for mandatory or

prohibitive injunctive relief, including interim equitable relief,

against the Secretary or the head of any Federal agency which has a

responsibility under this chapter if there is an alleged failure of

the Secretary or such agency head to perform any act or duty under

this chapter which is not discretionary. The United States district

courts shall have jurisdiction over actions brought under this

section, without regard to the amount in controversy or the

citizenship of the parties.

(b) Notice to Secretary or agency head

No action may be commenced under subsection (a) of this section

before the 60th calendar day after the date on which the plaintiff

has given notice of such action to the Secretary or the agency head

involved. Notice under this subsection shall be given in such

manner as the Secretary shall prescribe by rule.

(c) Authority of Secretary to intervene

In any action brought under subsection (a) of this section, the

Secretary, if not a party, may intervene as a matter of right.

(d) Costs of litigation

The court, in issuing any final order in any action brought under

subsection (a) of this section, may award costs of litigation

(including reasonable attorney and expert witness fees) to any

party, whenever the court determines such award is appropriate.

(e) Other remedies to remain available

Nothing in this section shall restrict any right which any

aggrieved person (or class of aggrieved persons) may have under any

statute or common law to seek enforcement of this chapter or any

rule thereunder, or to seek any other relief (including relief

against the Secretary or the agency head involved).

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 725, Nov. 9, 1978, 92 Stat. 3335.)

-End-

-CITE-

42 USC Part D - Preservation of Contractual Rights 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part D - Preservation of Contractual Rights

-HEAD-

PART D - PRESERVATION OF CONTRACTUAL RIGHTS

-End-

-CITE-

42 USC Sec. 8441 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part D - Preservation of Contractual Rights

-HEAD-

Sec. 8441. Preservation of contractual interest

-STATUTE-

(a) Right to transfer contractual interests

(1) If any person receives natural gas, the use of which is

prohibited by the provisions of subchapter III of this chapter or

any rule or order thereunder, and if such natural gas is received

pursuant to a contract in effect on April 20, 1977, between such

person and any other person, such person receiving such natural gas

may transfer all or any portion of such person's contractual

interests under such contract and receive consideration from the

person to whom such contractual interests are transferred. The

consideration authorized by this subsection shall not exceed the

maximum consideration established as just compensation under this

section.

(2) Any person who would have transported or distributed the

natural gas subject to a contract with respect to which contractual

interests are transferred pursuant to paragraph (1) shall be

entitled to receive just compensation (as determined by the

Commission) from the person to whom such contractual interests are

transferred.

(b) Determination of consideration

(1) The Commission shall, by rule, establish guidelines for the

application on a regional or national basis (as may be appropriate)

of the criteria specified in subsection (e)(1) of this section to

determine the maximum consideration permitted as just compensation

under this section.

(2) The person transferring contractual interests pursuant to

subsection (a)(1) of this section and the person to whom such

interests are transferred may agree on the amount of, or method of

determining, the consideration to be paid for such transfer and

certify such consideration to the Commission. Except as provided in

paragraph (4), such agreed-upon consideration shall not exceed the

consideration determined by application of the guidelines

prescribed by the Commission under paragraph (1).

(3) In the event the person transferring contractual interests

pursuant to subsection (a)(1) of this section and the person to

whom such interests are to be transferred fail to agree, under

paragraph (2), on the amount of, or method of determining, the

consideration to be paid for such transfer, the Commission may, at

the request of both such persons, prescribe the amount of, or

method of determining, such consideration. Upon the request of

either such person, the Commission shall make such determination on

the record, after an opportunity for agency hearing. In any such

latter case, the determination of the Commission shall be binding

upon the party requesting that such determination be made on the

record of the agency hearing. The consideration prescribed by the

Commission shall not exceed the maximum consideration permitted as

just compensation under this section. In prescribing the amount of,

or method of determining, consideration under this paragraph, to

the maximum extent practicable, the Commission shall utilize any

liquidated damages provision set forth in the applicable contract,

but in no event may the Commission prescribe consideration in

excess of the maximum consideration permitted as just compensation

under this section.

(4) In the event that the consideration agreed upon under

paragraph (2) exceeds the consideration determined by application

of the guidelines prescribed by the Commission under paragraph (1),

the Commission may approve such agreed-upon consideration if the

Commission determines such agreed-upon consideration does not

exceed the maximum consideration permitted as just compensation

under this section.

(5) If consideration is agreed upon under paragraph (2) and such

consideration exceeds the consideration determined by application

of the guidelines prescribed under paragraph (1), but does not

exceed the maximum consideration permitted as just compensation

under this section, the Commission may not require a refund of any

portion of the agreed-upon consideration paid with respect to

deliveries of natural gas occurring prior to the Commission's

action under paragraph (4) approving or disapproving such

consideration unless the Commission determines -

(A) such agreed-upon consideration was fraudulently

established;

(B) the processing of the request for approval of such

agreed-upon consideration under paragraph (4) was willfully

delayed by a party to the transfer; or

(C) such agreed-upon consideration exceeds the maximum

consideration permitted as just compensation under this section.

(c) Restrictions on transfers unenforceable

(1) Any provision of any contract, which prohibits any transfer

authorized by subsection (a)(1) of this section or terminates such

contract on the basis of such transfer, shall be unenforceable in

any court of the United States and in any court of any State.

(2) No State may enforce any prohibition on any transfer

authorized by subsection (a)(1) of this section.

(d) Contractual obligations unaffected

The person acquiring contractual interests transferred pursuant

to subsection (a)(1) of this section shall assume the contractual

obligations which the person transferring such contractual

interests has under such contract. This subsection shall not

relieve the person transferring such contractual interests from any

contractual obligation of such person under such contract if such

obligation is not performed by the person acquiring such

contractual interests.

(e) Definitions

For purposes of this section -

(1) The term "just compensation", when used with respect to any

transfer of contractual interests authorized by subsection (a)(1)

of this section, means the maximum amount of, or method of

determining, consideration which does not exceed the amount by

which -

(A) the reasonable costs (excluding capital costs) incurred,

during the remainder of the period of the contract with respect

to which contractual interests are transferred under subsection

(a)(1) of this section, in direct association with the use of a

fuel, other than natural gas, as a primary energy source by the

applicable existing electric powerplant, exceed

(B) the price of natural gas under such contract during such

period.

For purposes of subparagraph (A), the reasonable costs associated

with the use of a fuel, other than natural gas, as a primary energy

source shall include an allowance for the amortization, over the

remaining useful life, of the undepreciated value of depreciable

assets located on the premises containing such electric powerplant,

which assets were directly associated with the use of natural gas

and are not usable in connection with the use of such other fuel.

(2) The term "just compensation", when used with respect to

subsection (a)(2) of this section, means an amount equal to any

loss of revenue, during the remaining period of the contract with

respect to which contractual interests are transferred pursuant to

subsection (a)(1) of this section, to the extent such loss (A) is

directly incurred by reason of the discontinuation of the

transportation or distribution of natural gas resulting from the

transfer of contractual interests pursuant to subsection (a)(1) of

this section, and (B) is not offset by revenues derived from other

transportation or distribution which would not have occurred if

such contractual interests had not been transferred.

(3) The term "contractual interests", with respect to a contract

described in subsection (a)(1) of this section, includes the right

to receive natural gas as affected by any applicable curtailment

plan filed with the Commission or the appropriate State regulatory

authority.

(4) The term "State" means each of the several States, the

District of Columbia, Puerto Rico, any territory or possession of

the United States, and any political subdivision of any of the

foregoing.

(5) The term "interstate pipeline" means any person engaged in

the transportation of natural gas in interstate commerce subject to

the jurisdiction of the Commission under the Natural Gas Act [15

U.S.C. 717 et seq.].

(6) The term "Commission" means the Federal Energy Regulatory

Commission.

(7) The term "contract", when used with respect to a contract for

receipt of natural gas, which contract was in existence on April

20, 1977, does not include any renewal or extension occurring after

such date unless such renewal or extension occurs pursuant to the

exercise of an option by the person receiving natural gas under

such contract.

(f) Coordination with Natural Gas Act

(1) Consideration paid by any interstate pipeline pursuant to

this section shall be deemed just and reasonable for purposes of

sections 4, 5, and 7 of the Natural Gas Act [15 U.S.C. 717c, 717d,

717f]. The Commission shall not deny a passthrough by such

interstate pipeline of such consideration based upon the amount of

such consideration paid pursuant to this section.

(2) No person shall be subject to the jurisdiction of the

Commission under the Natural Gas Act [15 U.S.C. 717 et seq.] or to

regulation as a common carrier under any provision of Federal or

State law solely by reason of making any sale, or engaging in any

transportation, of natural gas with respect to which the transfer

of contractual interests is authorized under subsection (a)(1) of

this section.

(3) Nothing in this section shall exempt from the jurisdiction of

the Commission under the Natural Gas Act [15 U.S.C. 717 et seq.]

any transportation in interstate commerce of natural gas, any sale

in interstate commerce for resale of natural gas, or any person

engaged in such transportation or such sale to the extent such

transportation, sale or person is subject to the juridiction (!1)

of the Commission under such Act without regard to the transfer of

contractual interests under subsection (a)(1) of this section.

(4) Nothing in this section shall exempt any person from any

obligation to obtain a certificate of public convenience and

necessity for the transportation by an interstate pipeline of

natural gas with respect to which the transfer of contractual

interests is authorized under subsection (a)(1) of this section.

The Commission shall not deny such a certificate for the

transportation in interstate commerce of natural gas based upon the

amount of consideration paid pursuant to this section.

(g) Volume limitation

No supplier of natural gas under any contract, with respect to

which contractual interests have been transferred under subsection

(a)(1) of this section, shall be required to supply natural gas

during any relevant period in volume amounts which exceed the

lesser of -

(1) the volume determined by reference to the maximum delivery

obligations specified in such contract;

(2) the volume which such supplier would have been required to

supply, under the curtailment plan in effect for such supplier,

to the person, who transferred contractual interests under

subsection (a)(1) of this section, if no such transfer had

occurred;

(3) the volume which would have been delivered, or for which

payment would have been made, pursuant to such contract but for

the prohibition on the use of such natural gas under subchapter

III of this chapter or any rule or order thereunder; and

(4) the volume actually delivered or for which payment would

have been made pursuant to such contract during the

12-calendar-month period ending immediately before such transfer

of contractual interests pursuant to this section.

(h) Judicial review

Any action by the Commission under this section is subject to

judicial review in accordance with chapter 7 of title 5.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 731, Nov. 9, 1978, 92 Stat. 3336;

Pub. L. 100-42, Sec. 1(c)(21), May 21, 1987, 101 Stat. 314.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act, referred to in subsecs. (e)(5) and (f)(2),

(3), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which

is classified generally to chapter 15B (Sec. 717 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see section 717w of Title 15 and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-42, Sec. 1(c)(21)(A), struck

out reference to subchapter II of this chapter.

Subsec. (e)(1). Pub. L. 100-42, Sec. 1(c)(21)(B), struck out "or

major fuel-burning installation" after "powerplant" in subpar. (A)

and "or major fuel-burning installation" after "powerplant" in last

sentence.

Subsec. (g)(3). Pub. L. 100-42, Sec. 1(c)(21)(A), struck out

reference to subchapter II of this chapter.

-FOOTNOTE-

(!1) So in original. Probably should be "jurisdiction".

-End-

-CITE-

42 USC Part E - Studies 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

PART E - STUDIES

-End-

-CITE-

42 USC Sec. 8451 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8451. National coal policy study

-STATUTE-

(a) Study

The President, acting through the Secretary and the Administrator

of the Environmental Protection Agency, shall make a full and

complete investigation and study of the alternative national uses

of coal available in the United States to meet the Nation's energy

requirements consistent with national policies for the protection

and enhancement of the quality of the environment and for economic

recovery and full employment. In particular the study should

identify and evaluate -

(1) current and prospective coal requirements of the United

States;

(2) current and prospective voluntary and mandatory energy

conservation measures and their potential for reduction of the

United States coal requirements;

(3) current and prospective coal resource production,

transportation, conversion, and utilization requirements;

(4) the extent and adequacy of coal research, development, and

demonstration programs being carried out by Federal, State,

local, and nongovernmental entities (including financial

resources, manpower, and statutory authority);

(5) programs for the development of coal mining technologies

which increase coal production and utilization while protecting

the health and safety of coal miners;

(6) alternative strategies for meeting anticipated United

States coal requirements, consistent with achieving other

national goals, including national security and environmental

protection;

(7) existing and prospective governmental policies and laws

affecting the coal industry with the view of determining what, if

any, changes in and implementation of such policies and laws may

be advisable in order to consolidate, coordinate, and provide an

effective and equitable national energy policy consistent with

other national policies; and

(8) the most efficient use of the Nation's coal resources

considering economic (including capital and consumer costs, and

balance of payments), social (including employment),

environmental, technological, national defense, and other

aspects.

(b) Report

Within 18 months after the effective date of this chapter, the

President shall submit to the Congress a report with respect to the

studies and investigations, together with findings and

recommendations in order that the Congress may have such

information in a timely fashion. Such report shall include the

President's determinations and recommendations with respect to -

(1) the Nation's projected coal needs nationally and

regionally, for the next 2 decades with particular reference to

electric power;

(2) the coal resources available or which must be developed to

meet those needs, including, as applicable, the programs for

research, development, and demonstration necessary to provide

technological advances which may greatly enhance the Nation's

ability to efficiently and economically utilize its fuel

resources, consistent with applicable environmental requirements;

(3) the air, water, and other pollution created by coal

requirements, including any programs to overcome promptly and

efficiently any technological or economic barriers to the

elimination of such pollution;

(4) the existing policies and programs of the Federal

Government and of State and local governments, which have any

significant impact on the availability, production or efficient

and economic utilization of coal resources and on the ability to

meet the Nation's energy needs and environmental requirements;

and

(5) the adequacy of various transportation systems, including

roads, railroads, and waterways to meet projected increases in

coal production and utilization.

Before submitting a report to the Congress under subsection (b) of

this section, the President shall publish in the Federal Register a

notice and summary of the proposed report, make copies of such

report available, and accord interested persons an opportunity (of

not less than 90 days' duration) to present written comments; and

shall make such modifications of such report as he may consider

appropriate on the basis of such comments.

(c) Authorization of appropriations

There is hereby authorized to be appropriated to the Secretary

for allocation between the Department of Energy and the

Environmental Protection Agency for fiscal years 1979 and 1980, not

to exceed $18,000,000, for use in carrying out the purposes of this

section.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 741, Nov. 9, 1978, 92 Stat. 3339.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (b),

is the effective date of Pub. L. 95-620. See section 901 of Pub. L.

95-620, set out as an Effective Date note under section 8301 of

this title.

-End-

-CITE-

42 USC Sec. 8452 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8452. Repealed. Pub. L. 97-375, title I, Sec. 106(d), Dec. 21,

1982, 96 Stat. 1820

-MISC1-

Section, Pub. L. 95-620, title VII, Sec. 742, Nov. 9, 1978, 92

Stat. 3341, related to an investigation by the Secretary of the

performance and competition of the coal industry, to be reported to

Congress in interim reports with a final report to be submitted not

later than eighteen months after Nov. 9, 1978.

-End-

-CITE-

42 USC Sec. 8453 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8453. Impact on employees

-STATUTE-

(a) Evaluation

The Secretary shall conduct continuing evaluations of potential

loss or shifts of employment which may result from any prohibition

under this chapter, including, if appropriate, investigating

threatened plant closures or reductions in employment allegedly

resulting from such prohibition. The results of such evaluations

and each investigation shall promptly be made available to the

public.

(b) Investigation and hearings

On a written request filed with the Secretary by or on behalf of

any employee who is discharged or laid off, threatened with

discharge or layoff, or otherwise discriminated against, by any

person because of the alleged effects of any such prohibition, the

Secretary shall investigate the matter and, at the request of any

party, shall hold public hearings, after not less than 30 days

notice, at which the Secretary shall require the parties, including

any employer involved, to present information on the actual or

potential effect of such prohibition on employment and on any

alleged employee discharge, layoff, or other discrimination

relating to prohibitions and the detailed reasons or justification

therefor. At the completion of such investigation, the Secretary

shall make findings of fact as to the effect of such prohibition on

employment and on the alleged employee discharge, layoff, or

discrimination and shall make such recommendations as he deems

appropriate. Such report, findings, and recommendations shall be

available to the public. The Secretary of Labor shall participate

in each such investigation.

(c) Rule of construction

Nothing in this section shall be construed to require or

authorize the Secretary to modify or withdraw any prohibition under

this chapter.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 743, Nov. 9, 1978, 92 Stat. 3342.)

-End-

-CITE-

42 USC Sec. 8454 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8454. Study of compliance problem of small electric utility

systems

-STATUTE-

(a) Study

The Secretary shall conduct a study of the problems of compliance

with this chapter experienced by those electric utility systems

which have a total system generating capacity of less than 2,000

megawatts. The Secretary shall report his findings and his

recommendations to the Congress not later than 2 years after the

effective date of this chapter.

(b) Authorization of appropriations

There is authorized to be appropriated to the Secretary for the

fiscal year 1979 not to exceed $500,000 to carry out the provisions

of this section.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 744, Nov. 9, 1978, 92 Stat. 3343.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (a),

is the effective date of Pub. L. 95-620. See section 901 of Pub. L.

95-620, set out as an Effective Date note under section 8301 of

this title.

-End-

-CITE-

42 USC Sec. 8455 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8455. Repealed. Pub. L. 104-66, title II, Sec. 2021(j)(1),

Dec. 21, 1995, 109 Stat. 727

-MISC1-

Section, Pub. L. 95-620, title VII, Sec. 745, Nov. 9, 1978, 92

Stat. 3343; Pub. L. 100-42, Sec. 1(c)(22), May 21, 1987, 101 Stat.

314, related to emissions monitoring.

-End-

-CITE-

42 USC Sec. 8456 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8456. Socioeconomic impacts of increased coal production and

other energy development

-STATUTE-

(a) Committee

There is hereby established an interagency committee composed of

the heads of the Departments of Energy, Commerce, Interior,

Transportation, Housing and Urban Development, and Health and Human

Services, the Environmental Protection Agency, the Appalachian

Regional Commission, the Farmers' Home Administration, the Office

of Management and Budget, and such other Federal agencies as the

Secretary shall designate. In carrying out its functions the

committee shall consult with the National Governors' Conference and

interested persons, organizations, and entities. The chairman of

the committee shall be designated by the President. The committee

shall terminate 90 days after the submission of its report under

subsection (c) of this section.

(b) Functions of committee

It is the function of the committee to conduct a study of the

socioeconomic impacts of expanded coal production and rapid energy

development in general, on States, including local communities, and

on the public, including the adequacy of housing and public,

recreational, and cultural facilities for coal miners and their

families and the effect of any Federal or State laws or regulations

on providing such housing and facilities. The committee shall

gather data and information on -

(1) the level of assistance provided under this chapter and any

other programs related to impact assistance,

(2) the timeliness of assistance in meeting impacts caused by

Federal decisions on energy policy as well as private sector

decisions, and

(3) the obstacles to effective assistance contained in

regulations of existing programs related to impact assistance.

(c) Report

Within 1 year after the effective date of this chapter, the

committee shall submit a detailed report on the results of such

study to the Congress, together with any recommendations for

additional legislation it may consider appropriate.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 746, Nov. 9, 1978, 92 Stat. 3344;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (c),

is the effective date of Pub. L. 95-620. See section 901 of Pub. L.

95-620, set out as an Effective Date note under section 8301 of

this title.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a),

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 8457 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part E - Studies

-HEAD-

Sec. 8457. Use of petroleum and natural gas in combustors

-STATUTE-

The Secretary shall conduct a detailed study of the uses of

petroleum and natural gas as a primary energy source for combustors

and installations not subject to the prohibitions of this chapter.

In conducting such study, the Secretary shall -

(1) identify those categories of major fuel-burning

installations in which the substitution of coal or other

alternate fuels for petroleum and natural gas is economically and

technically feasible, and

(2) determine the estimated savings of natural gas and

petroleum expected from such substitution.

Within 1 year after the effective date of this chapter, the

Secretary shall submit a detailed report on the results of such

study to the Congress, together with any recommendations for

legislation he may consider appropriate.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 747, Nov. 9, 1978, 92 Stat. 3344.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in text, is the

effective date of Pub. L. 95-620. See section 901 of Pub. L.

95-620, set out as an Effective Date note under section 8301 of

this title.

-End-

-CITE-

42 USC Part F - Appropriations Authorization 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part F - Appropriations Authorization

-HEAD-

PART F - APPROPRIATIONS AUTHORIZATION

-End-

-CITE-

42 USC Sec. 8461 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part F - Appropriations Authorization

-HEAD-

Sec. 8461. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Secretary for

fiscal year 1979 $11,900,000, to carry out the provisions of this

chapter (other than provisions for which an appropriations

authorization is otherwise expressly provided in this chapter) and

section 792 of title 15.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 751, Nov. 9, 1978, 92 Stat. 3344.)

-End-

-CITE-

42 USC Part G - Coordination With Other Provisions of Law 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part G - Coordination With Other Provisions of Law

-HEAD-

PART G - COORDINATION WITH OTHER PROVISIONS OF LAW

-End-

-CITE-

42 USC Sec. 8471 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part G - Coordination With Other Provisions of Law

-HEAD-

Sec. 8471. Effect on environmental requirements

-STATUTE-

(a) Compliance with applicable environmental requirements

Except as provided in section 8374 of this title, nothing in this

chapter shall be construed as permitting any existing or new

electric powerplant to delay or avoid compliance with applicable

environmental requirements.

(b) Local environmental requirements

In the case of any new or existing facility -

(1) which is subject to any prohibition under this chapter, and

(2) which is also subject to any requirement of any local

environmental requirement which may be stricter than any Federal

or State environmental requirement,

the existence of such local requirement shall not be construed to

affect the validity or applicability of such prohibition to such

facility, except to the extent provided under section 8322(b) or

section 8352(b) of this title; and the existence of such

prohibition shall not be construed to preempt such local

requirement with respect to that facility.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 761, Nov. 9, 1978, 92 Stat. 3345;

Pub. L. 100-42, Sec. 1(c)(23), May 21, 1987, 101 Stat. 314.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-42 struck out "or major

fuel-burning installation" after "powerplant".

-End-

-CITE-

42 USC Sec. 8472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part G - Coordination With Other Provisions of Law

-HEAD-

Sec. 8472. Effect of orders under section 792 of title 15

-STATUTE-

(a) Effect of construction orders

Any electric powerplant or major fuel-burning installation issued

an order pursuant to section 792(c) of title 15 that is pending on

the effective date of this chapter shall, notwithstanding the

provisions of such section 792(c) or any other provision of this

chapter, be subject to the provisions of this chapter as if it were

a new electric powerplant or new major fuel-burning installation,

as the case may be, except that if such order became final before

such date, the provisions of subchapter II of this chapter shall

not apply to such powerplant or installation.

(b) Effect of prohibition orders

The provisions of subchapters II and III of this chapter shall

not apply to any powerplant or installation for which an order

issued pursuant to section 792(a) of title 15 before the effective

date of this chapter is pending or final or which, on review, was

held unlawful and set aside on the merits; except that any

installation issued such an order under such section 792(a) which

is pending on the effective date of this chapter may elect to be

covered by subchapter II or III of this chapter (as the case may

be) rather than such section 792. Such an election shall be

irrevocable and shall be made in such form and manner as the

Secretary shall, within 90 days after November 9, 1978, prescribe.

Such an election shall be made not later than 60 days after the

date on which the Secretary prescribes the form and manner of

making such election.

(c) Validity of orders

The preceding provisions of this chapter shall not affect the

validity of any order issued under subsection (a), or any final

order under subsection (c), of section 792 of title 15, and the

authority of the Secretary to amend, repeal, rescind, modify, or

enforce any such order, or rules applicable thereto, shall remain

in effect notwithstanding any limitation of time otherwise

applicable to such authority. Except as provided in this section,

the authority of the Secretary under section 792 of title 15 shall

terminate on the effective date of this chapter.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 762(a)-(c), Nov. 9, 1978, 92 Stat.

3345.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in text, is the

effective date of Pub. L. 95-620. See section 901 of Pub. L.

95-620, set out as an Effective Date note under section 8301 of

this title.

-End-

-CITE-

42 USC Sec. 8473 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT

Part G - Coordination With Other Provisions of Law

-HEAD-

Sec. 8473. Environmental impact statements under section 4332 of

this title

-STATUTE-

The following actions are not deemed to be major Federal actions

for purposes of section 4332(2)(C) of this title:

(1) the grant or denial of any temporary exemption under this

chapter for any electric powerplant;

(2) the grant or denial of any permanent exemption under this

chapter for any existing electric powerplant, other than an

exemption -

(A) under section 8352(c) of this title, relating to

cogeneration;

(B) Repealed. Pub. L. 100-42, Sec. 1(c)(24)(B), May 21, 1987,

101 Stat. 314;

(C) under section 8352(b) of this title, relating to certain

State or local requirements;

(D) under section 8352(g) of this title, relating to certain

intermediate load powerplants; and

(3) the grant or denial of any exemption under this chapter for

any powerplant for which the Secretary finds, in consultation

with the appropriate Federal agency, and publishes such finding

that an environmental impact statement is required in connection

with another Federal action and such statement will be prepared

by such agency and will reflect the exemption adequately.

Except as provided in the preceding provisions of this section, any

determination of what constitutes or does not constitute a major

Federal action shall be made under section 4332 of this title.

-SOURCE-

(Pub. L. 95-620, title VII, Sec. 763, Nov. 9, 1978, 92 Stat. 3346;

Pub. L. 100-42, Sec. 1(c)(24), May 21, 1987, 101 Stat. 314.)

-MISC1-

AMENDMENTS

1987 - Par. (1). Pub. L. 100-42, Sec. 1(c)(24)(A), struck out "or

major fuel-burning installation" after "powerplant".

Par. (2). Pub. L. 100-42, Sec. 1(c)(24), struck out "or major

fuel-burning installation" after "powerplant" and struck out

subpar. (B) which read as follows: "under section 8352(l) of this

title, relating to scheduled equipment outages;".

Par. (3). Pub. L. 100-42, Sec. 1(c)(24)(A), struck out "or major

fuel-burning installation" after "powerplant".

-End-

-CITE-

42 USC SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 8481 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 8481. Repealed. Pub. L. 100-42, Sec. 1(a)(7), May 21, 1987,

101 Stat. 310

-MISC1-

Section, Pub. L. 95-620, title VIII, Sec. 801, Nov. 9, 1978, 92

Stat. 3346, required annual disclosure of extent, characteristics,

and productive capacity of coal reserves, and of interests held

therein, with discretionary exception for small reserves, and

publication of such information by Secretary.

-End-

-CITE-

42 USC Sec. 8482 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 8482. Repealed. Pub. L. 104-66, title I, Sec. 1051(e), Dec.

21, 1995, 109 Stat. 716

-MISC1-

Section, Pub. L. 95-620, title VIII, Sec. 806, Nov. 9, 1978, 92

Stat. 3348, directed Secretary of Energy to submit annual report to

Congress on actions already taken and actions to be taken under

this chapter and under section 792 of title 15.

-End-

-CITE-

42 USC Sec. 8483 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 8483. Submission of reports

-STATUTE-

Copies of any report required by this chapter to be submitted to

the Congress shall be separately submitted to the Committee on

Interstate and Foreign Commerce of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate.

-SOURCE-

(Pub. L. 95-620, title VIII, Sec. 807, Nov. 9, 1978, 92 Stat.

3348.)

-CHANGE-

CHANGE OF NAME

Committee on Interstate and Foreign Commerce of House of

Representatives changed to Committee on Energy and Commerce of

House of Representatives immediately prior to noon on Jan. 3, 1981,

by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980.

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 8484 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE

SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 8484. Electric utility conservation plan

-STATUTE-

(a) Applicability

An electric utility is subject to this subsection (!1) if -

(1) the utility owns or operates any existing electric

powerplant in which natural gas was used as a primary energy

source at any time during the 1-year period ending on August 13,

1981, and

(2) the utility plans to use natural gas as a primary energy

source in any electric powerplant.

(b) Submission and approval of plan

The Secretary shall require each electric utility subject to this

section to -

(1) submit, within 1 year after August 13, 1981, and have

approved by the Secretary, a conservation plan which meets the

requirements of subsection (c) of this section; and

(2) implement such plan during the 5-year period beginning on

the date of the initial approval of such plan.

(c) Contents of plan

(1) Any conservation plan under this section shall set forth

means determined by the utility to achieve conservation of electric

energy not later than the 5th year after its initial approval at a

level, measured on an annual basis, at least equal to 10 percent of

the electric energy output of that utility during the most recent 4

calendar quarters ending prior to August 13, 1981, which is

attributable to natural gas.

(2) The conservation plan shall include -

(A) all activities required for such utility by part 1 of title

II of the National Energy Conservation Policy Act [42 U.S.C. 8211

et seq.];

(B) an effective public information program for conservation;

and

(C) such other measures as the utility may consider

appropriate.

(3) Any such plan may set forth a program for the use of

renewable energy sources (other than hydroelectric power).

(4) Any such plan shall contain procedures to permit the amounts

expended by such utility in developing and implementing the plan to

be recovered in a manner specified by the appropriate State

regulatory authority (or by the utility in the case of a

nonregulated utility).

(d) Plan approval

(1) The Secretary shall, by order, approve or disapprove any

conservation plan proposed under this subsection (!1) by an

electric utility within 120 days after its submission. The

Secretary shall approve any such proposed plan unless the Secretary

finds that such plan does not meet the requirements of subsection

(c) of this section and states in writing the reasons therefor.

(2) In the event the Secretary disapproves under paragraph (1)

the plan originally submitted, the Secretary shall provide a

reasonable period of time for resubmission.

(3) An electric utility may amend any approved plan, except that

the plan as amended shall be subject to approval in accordance with

paragraph (1).

-SOURCE-

(Pub. L. 95-620, title VIII, Sec. 808, as added Pub. L. 97-35,

title X, Sec. 1023(a), Aug. 13, 1981, 95 Stat. 616.)

-REFTEXT-

REFERENCES IN TEXT

The National Energy Conservation Policy Act, referred to in

subsec. (c)(2)(A), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3208,

as amended. Part 1 of title II of the National Energy Conservation

Policy Act was classified generally to part A (Sec. 8211 et seq.)

of subchapter II of chapter 91 of this title, and was omitted from

the Code pursuant to section 8229 of this title which terminated

authority under that part June 30, 1989. For complete

classification of this Act to the Code, see Short Title note set

out under section 8201 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Aug. 13, 1981, see section 1038 of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 6240 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8422 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-