dreamproit/uscode huggingface dataset:
42 U.S.C. § 8422 (THE PUBLIC HEALTH AND WELFARE)
§ 8422. Compliance report
(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.
(Pub. L. 95–620, title VII, § 712, Nov. 9, 1978, 92 Stat. 3332; Pub. L. 97–35, title X, § 1023(b), Aug. 13, 1981, 95 Stat. 617.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 1981 Amendment
text: 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.
42 U.S.C. § 8431 (THE PUBLIC HEALTH AND WELFARE)
§ 8431. Notice of violation; other general provisions
(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, § 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.
(Pub. L. 95–620, title VII, § 721, Nov. 9, 1978, 92 Stat. 3333; Pub. L. 100–42, § 1(c)(18), May 21, 1987, 101 Stat. 313.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 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.”
42 U.S.C. § 8432 (THE PUBLIC HEALTH AND WELFARE)
§ 8432. Criminal penalties
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.
(Pub. L. 95–620, title VII, § 722, Nov. 9, 1978, 92 Stat. 3333; Pub. L. 100–42, § 1(c)(19), May 21, 1987, 101 Stat. 313.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Pub. L. 100–42 struck out “(other than section 8372 of this title)” after “this chapter”.
42 U.S.C. § 8434 (THE PUBLIC HEALTH AND WELFARE)
§ 8434. Injunctions and other equitable relief
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.
(Pub. L. 95–620, title VII, § 724, Nov. 9, 1978, 92 Stat. 3335.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
42 U.S.C. § 8435 (THE PUBLIC HEALTH AND WELFARE)
§ 8435. Citizens suits
(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).
(Pub. L. 95–620, title VII, § 725, Nov. 9, 1978, 92 Stat. 3335.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (e), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
42 U.S.C. § 8452 (THE PUBLIC HEALTH AND WELFARE)
§ 8452. Repealed. Pub. L. 97–375, title I, § 106(d), Dec. 21, 1982, 96 Stat. 1820
text: Section, Pub. L. 95–620, title VII, § 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.
42 U.S.C. § 8453 (THE PUBLIC HEALTH AND WELFARE)
§ 8453. Impact on employees
(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.
(Pub. L. 95–620, title VII, § 743, Nov. 9, 1978, 92 Stat. 3342.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
42 U.S.C. § 8454 (THE PUBLIC HEALTH AND WELFARE)
§ 8454. Study of compliance problem of small electric utility systems
(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.
(Pub. L. 95–620, title VII, § 744, Nov. 9, 1978, 92 Stat. 3343.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
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.
42 U.S.C. § 8455 (THE PUBLIC HEALTH AND WELFARE)
§ 8455. Repealed. Pub. L. 104–66, title II, § 2021(j)(1), Dec. 21, 1995, 109 Stat. 727
text: Section, Pub. L. 95–620, title VII, § 745, Nov. 9, 1978, 92 Stat. 3343; Pub. L. 100–42, § 1(c)(22), May 21, 1987, 101 Stat. 314, related to emissions monitoring.
42 U.S.C. § 8456 (THE PUBLIC HEALTH AND WELFARE)
§ 8456. Socioeconomic impacts of increased coal production and other energy development
(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.
(Pub. L. 95–620, title VII, § 746, Nov. 9, 1978, 92 Stat. 3344; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
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.
heading: Change of Name
text: “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.
42 U.S.C. § 8457 (THE PUBLIC HEALTH AND WELFARE)
§ 8457. Use of petroleum and natural gas in combustors
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.
(Pub. L. 95–620, title VII, § 747, Nov. 9, 1978, 92 Stat. 3344.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
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.
42 U.S.C. § 8461 (THE PUBLIC HEALTH AND WELFARE)
§ 8461. Authorization of appropriations
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.
(Pub. L. 95–620, title VII, § 751, Nov. 9, 1978, 92 Stat. 3344.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
42 U.S.C. § 8471 (THE PUBLIC HEALTH AND WELFARE)
§ 8471. Effect on environmental requirements
(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.
(Pub. L. 95–620, title VII, § 761, Nov. 9, 1978, 92 Stat. 3345; Pub. L. 100–42, § 1(c)(23), May 21, 1987, 101 Stat. 314.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Subsec. (a). Pub. L. 100–42 struck out “or major fuel-burning installation” after “powerplant”.
42 U.S.C. § 8472 (THE PUBLIC HEALTH AND WELFARE)
§ 8472. Effect of orders under section 792 of title 15
(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.
(Pub. L. 95–620, title VII, § 762(a)–(c), Nov. 9, 1978, 92 Stat. 3345.)
heading: References in Text
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.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.