-CITE-
    42 USC CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE      01/03/2007

-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.                      
    8302.       Definitions.                                          
    8303.       Territorial application.                              

                      SUBCHAPTER II - NEW FACILITIES                  

                           PART A - PROHIBITIONS                       
    8311.       Coal capability of new electric powerplants;
                 certification of compliance.                         
    8312.       Repealed.                                             

                            PART B - EXEMPTIONS                        
    8321.       Temporary exemptions.                                 
    8322.       Permanent exemptions.                                 
    8323.       General requirements for exemptions.                  
    8324.       Terms and conditions; compliance plans.               

                   SUBCHAPTER III - EXISTING FACILITIES               

                           PART A - PROHIBITIONS                       
    8341.       Existing electric powerplants.                        
    8342.       Repealed.                                             
    8343.       Rules relating to case-by-case and category
                 prohibitions.                                        

                            PART B - EXEMPTIONS                        
    8351.       Temporary exemptions.                                 
    8352.       Permanent exemptions.                                 
    8353.       General requirements for exemptions.                  
    8354.       Terms and conditions; compliance plans.               

      SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES  
    8371, 8372. Repealed                                              
    8373.       Conservation in Federal facilities, contracts, and
                 financial assistance programs.                       
    8374.       Emergency authorities.                                
    8375.       Repealed.                                             

                  SUBCHAPTER V - SYSTEM COMPLIANCE OPTION              
    8391.       Repealed.                                             

                   SUBCHAPTER VI - FINANCIAL ASSISTANCE               
    8401.       Assistance to areas impacted by increased coal or
                 uranium production.                                  
    8401a.      "Local government" defined.                           
    8402.       Loans to assist powerplant acquisitions of air
                 pollution control equipment.                         

              SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT          

                            PART A - PROCEDURES                        
    8411.       Administrative procedures.                            
    8412.       Judicial review.                                      

                    PART B - INFORMATION AND REPORTING                
    8421.       Information.                                          
    8422.       Compliance report.                                    

                           PART C - ENFORCEMENT                       
    8431.       Notice of violation; other general provisions.        
    8432.       Criminal penalties.                                   
    8433.       Civil penalties.                                      
    8434.       Injunctions and other equitable relief.               
    8435.       Citizens suits.                                       

                PART D - PRESERVATION OF CONTRACTUAL RIGHTS            
    8441.       Preservation of contractual interest.                 

                             PART E - STUDIES                         
    8451.       National coal policy study.                           
    8452.       Repealed.                                             
    8453.       Impact on employees.                                  
    8454.       Study of compliance problem of small electric utility
                 systems.                                             
    8455.       Repealed.                                             
    8456.       Socioeconomic impacts of increased coal production and
                 other energy development.                            
    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.                 
    8472.       Effect of orders under section 792 of title 15.       
    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.                   

-End-


-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

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


-End-



-CITE-
    42 USC Sec. 8303                                            01/03/2007

-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                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
    SUBCHAPTER II - NEW FACILITIES

-HEAD-
                      SUBCHAPTER II - NEW FACILITIES                  

-End-


-CITE-
    42 USC Part A - Prohibitions                                01/03/2007

-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                       

-End-



-CITE-
    42 USC Sec. 8311                                            01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 8312                                            01/03/2007

-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.

-MISC1-
    Sec. 8312. Repealed. Pub. L. 100-42, Sec. 1(a)(1), May 21, 1987,
      101 Stat. 310.
      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                                  01/03/2007

-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                        

-End-



-CITE-
    42 USC Sec. 8321                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 8323                                            01/03/2007

-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                                            01/03/2007

-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.

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


-End-


-CITE-
    42 USC SUBCHAPTER III - EXISTING FACILITIES                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
    SUBCHAPTER III - EXISTING FACILITIES

-HEAD-
                   SUBCHAPTER III - EXISTING FACILITIES               

-End-


-CITE-
    42 USC Part A - Prohibitions                                01/03/2007

-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                       

-End-



-CITE-
    42 USC Sec. 8341                                            01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 8342                                            01/03/2007

-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.

-MISC1-
    Sec. 8342. Repealed. Pub. L. 100-42, Sec. 1(a)(2), May 21, 1987,
      101 Stat. 310.
      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                                            01/03/2007

-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."

-End-


-CITE-
    42 USC Part B - Exemptions                                  01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 8353                                            01/03/2007

-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                                            01/03/2007

-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.

-End-


-CITE-
    42 USC SUBCHAPTER IV - ADDITIONAL PROHIBITIONS; EMERGENCY
           AUTHORITIES                                     01/03/2007

-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                                     01/03/2007

-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.

-MISC1-
    Secs. 8371, 8372. Repealed. Pub. L. 100-42, Sec. 1(a)(3), (4), May
      21, 1987, 101 Stat. 310.
      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                                            01/03/2007

-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                                            01/03/2007

-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).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 8375                                            01/03/2007

-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.

-MISC1-
    Sec. 8375. Repealed. Pub. L. 100-42, Sec. 1(a)(5), May 21, 1987,
      101 Stat. 310.
      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              01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
    SUBCHAPTER V - SYSTEM COMPLIANCE OPTION

-HEAD-
    Sec. 8391. Repealed.

-MISC1-
    Sec. 8391. Repealed. Pub. L. 100-42, Sec. 1(a)(6), May 21, 1987,
      101 Stat. 310.
      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                 01/03/2007

-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                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. No par. (2) has been enacted.


-End-



-CITE-
    42 USC Sec. 8401a                                           01/03/2007

-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                                            01/03/2007

-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      01/03/2007

-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                                  01/03/2007

-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                                            01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 8412                                            01/03/2007

-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.)

-End-


-CITE-
    42 USC Part B - Information and Reporting                   01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                 01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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".

-End-



-CITE-
    42 USC Sec. 8433                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 8434                                            01/03/2007

-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.)

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    42 USC Sec. 8435                                            01/03/2007

-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          01/03/2007

-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                                            01/03/2007

-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                                     01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-MISC1-
    Sec. 8452. Repealed. Pub. L. 97-375, title I, Sec. 106(d), Dec. 21,
      1982, 96 Stat. 1820.
      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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-MISC1-
    Sec. 8455. Repealed. Pub. L. 104-66, title II, Sec. 2021(j)(1),
      Dec. 21, 1995, 109 Stat. 727.
      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                                            01/03/2007

-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                                            01/03/2007

-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                01/03/2007

-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                                            01/03/2007

-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    01/03/2007 

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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           01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 8481. Repealed.

-MISC1-
    Sec. 8481. Repealed. Pub. L. 100-42, Sec. 1(a)(7), May 21, 1987,
      101 Stat. 310.
      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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 8482. Repealed.

-MISC1-
    Sec. 8482. Repealed. Pub. L. 104-66, title I, Sec. 1051(e), Dec.
      21, 1995, 109 Stat. 716.
      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                                            01/03/2007

-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                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-