dreamproit/uscode huggingface dataset:
42 U.S.C. § 7671o (THE PUBLIC HEALTH AND WELFARE)
§ 7671o. Transfers among Parties to Montreal Protocol
(a) In general
Consistent with the Montreal Protocol, the United States may engage in transfers with other Parties to the Protocol under the following conditions:
(1) The United States may transfer production allowances to another Party if, at the time of such transfer, the Administrator establishes revised production limits for the United States such that the aggregate national United States production permitted under the revised production limits equals the lesser of (A) the maximum production level permitted for the substance or substances concerned in the transfer year under the Protocol minus the production allowances transferred, (B) the maximum production level permitted for the substance or substances concerned in the transfer year under applicable domestic law minus the production allowances transferred, or (C) the average of the actual national production level of the substance or substances concerned for the 3 years prior to the transfer minus the production allowances transferred.
(2) The United States may acquire production allowances from another Party if, at the time of such transfer, the Administrator finds that the other Party has revised its domestic production limits in the same manner as provided with respect to transfers by the United States in this subsection.
(b) Effect of transfers on production limits
The Administrator is authorized to reduce the production limits established under this chapter as required as a prerequisite to transfers under paragraph (1) of subsection (a) or to increase production limits established under this chapter to reflect production allowances acquired under a transfer under paragraph (2) of subsection (a).
(c) Regulations
The Administrator shall promulgate, within 2 years after November 15, 1990, regulations to implement this section.
(d) “Applicable domestic law” defined
In the case of the United States, the term “applicable domestic law” means this chapter.
(July 14, 1955, ch. 360, title VI, § 616, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2669.)
42 U.S.C. § 7920 (THE PUBLIC HEALTH AND WELFARE)
§ 7920. Enforcement
(a) Civil penalty; appellate review; action to recover civil penalty; sovereign immunity; equitable remedies
(1) Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action shall be subject to an assessment by the Secretary of a civil penalty of not more than $1,000 per day per violation. Such assessment shall be made by order after notice and an opportunity for a public hearing, pursuant to section 554 of title 5.
(2) Any person against whom a penalty is assessed under this section may, within sixty 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) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, 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. Section 7172(d) of this title shall not apply with respect to the functions of the Secretary under this section.
(4) No civil penalty may be assessed against the United States or any State or political subdivision of a State or any official or employee of the foregoing.
(5) Nothing in this section shall prevent the Secretary from enforcing any provision of this subchapter or any cooperative agreement or any such rule by injunction or other equitable remedy.
(b) Atomic energy licensing requirements
Subsection (a) shall not apply to any licensing requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. Such licensing requirements shall be enforced by the Commission as provided in such Act.
(Pub. L. 95–604, title I, § 110, Nov. 8, 1978, 92 Stat. 3030.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables.
The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
42 U.S.C. § 8235c (THE PUBLIC HEALTH AND WELFARE)
§ 8235c. Approval of applications for plans for prototype residential energy efficiency programs
(a) Approval requirements
The Secretary may approve an application submitted under section 8235b of this title for a plan establishing a prototype residential energy efficiency program only if—
(1) the application is approved in writing—
(A) by the public utility which is to enter into the contract under the plan;
(B) by the State regulatory authority having ratemaking authority over such public utility, in the case of a regulated utility; and
(C) by the Governor (or any State agency specifically authorized under State law to approve such plans) of the State whose government is submitting the application (if the application is submitted by a State government) or of the State in which the local government is located (if the application is submitted by a local government); and
(2) the application has been published, a public hearing on the application has been conducted, after notice to the public, at which representatives of the public utility which is to enter into the contract under the plan, persons engaged in the supply or installation of residential energy conservation measures, and members of the public (including ratepayers of such public utility and other interested individuals) had an opportunity to provide comment on the application, and any amendments to the application, which may be made to take into account the proceedings of the hearing, are made.
(b) Factors in approving applications
The Secretary shall take into consideration in approving an application under subsection (a) for a plan establishing a prototype residential energy efficiency program—
(1) the potential for energy savings from the demonstration of the program;
(2) the likelihood that the value of the energy saved by public utilities under the program will be sufficient to cover the estimated cost of the energy conservation measures to be supplied and installed under the program;
(3) the anticipated effects of the program on competition in the portion of the service area of the public utility designated in the contract entered into under the plan; and
(4) such other factors as the Secretary determines are appropriate.
(Pub. L. 95–619, title II, § 264, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 748.)
42 U.S.C. § 8235d (THE PUBLIC HEALTH AND WELFARE)
§ 8235d. Rules and regulations
(a) Proposed rules and regulations
The Secretary shall issue proposed rules and regulations to carry out this part not later than 120 days after June 30, 1980.
(b) Final rules and regulations
The Secretary shall issue final rules and regulations to carry out this part not later than 90 days after the issuance of proposed rules and regulations under subsection (a).
(Pub. L. 95–619, title II, § 265, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749.)
42 U.S.C. § 8236 (THE PUBLIC HEALTH AND WELFARE)
§ 8236. Voluntary rating guidelines
(a) In general
Not later than 18 months after October 24, 1992, the Secretary, in consultation with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, representatives of existing home energy rating programs, and other appropriate persons, shall, by rule, issue voluntary guidelines that may be used by State and local governments, utilities, builders, real estate agents, lenders, agencies in mortgage markets, and others, to enable and encourage the assignment of energy efficiency ratings to residential buildings.
(b) Contents of guidelines
The voluntary guidelines issued under subsection (a) shall—
(1) encourage uniformity with regard to systems for rating the annual energy efficiency of residential buildings;
(2) establish protocols and procedures for—
(A) certification of the technical accuracy of building energy analysis tools used to determine energy efficiency ratings;
(B) training of personnel conducting energy efficiency ratings;
(C) data collection and reporting;
(D) quality control; and
(E) monitoring and evaluation;
(3) encourage consistency with, and support for, the uniform plan for Federal energy efficient mortgages, including that developed under section 946 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12712 note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992;
(4) provide that rating systems take into account local climate conditions and construction practices, solar energy collected on-site, and the benefits of peak load shifting construction practices, and not discriminate among fuel types; and
(5) establish procedures to ensure that residential buildings can receive an energy efficiency rating at the time of sale and that such rating is communicated to potential buyers.
(Pub. L. 95–619, title II, § 271, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2787.)
heading: References in Text
text: Section 946 of the Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (b)(3), is section 946 of Pub. L. 101–625, which is set out as a note under section 12712 of this title.
Sections 105 and 106 of the Energy Policy Act of 1992, referred to in subsec. (b)(3), are sections 105 and 106 of Pub. L. 102–486. Section 105 amended section 12704 of this title and provisions set out as a note under section 12712 of this title. Section 106 is classified to section 1701z–16 of Title 12, Banks and Banking.
42 U.S.C. § 8254 (THE PUBLIC HEALTH AND WELFARE)
§ 8254. Establishment and use of life cycle cost methods and procedures
(a) Establishment of life cycle cost methods and procedures
The Secretary, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, and the Administrator of the General Services Administration, shall—
(1) establish practical and effective present value methods for estimating and comparing life cycle costs for Federal buildings, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of 40 years, whichever is shorter, and using average fuel costs and a discount rate determined by the Secretary; and
(2) develop and prescribe the procedures to be followed in applying and implementing the methods so established.
(b) Use of life cycle cost methods and procedures
(1) The design of new Federal buildings, and the application of energy conservation measures to existing Federal buildings, shall be made using life cycle cost methods and procedures established under subsection (a).
(2) In leasing buildings for its own use or that of another agency, each agency shall, after January 1, 1994, fully consider the efficiency of all potential building space at the time of renewing or entering into a new lease.
(c) Use in non-Federal structures
The Secretary shall make available information to the public on the use of life cycle cost methods in the construction of buildings, structures, and facilities in all segments of the economy.
(Pub. L. 95–619, title V, § 544, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3186; Pub. L. 102–486, title I, § 152(d), Oct. 24, 1992, 106 Stat. 2845; Pub. L. 110–140, title IV, § 441, Dec. 19, 2007, 121 Stat. 1623.)
heading: Amendments
text: 2007—Subsec. (a)(1). Pub. L. 110–140 substituted “40” for “25”.
1992—Subsec. (a). Pub. L. 102–486, § 152(d)(1), substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
Subsec. (b)(2). Pub. L. 102–486, § 152(d)(2), substituted “agency shall, after January 1, 1994, fully consider the efficiency of all potential building space at the time of renewing or entering into a new lease.” for “agency shall give appropriate preference to buildings which minimize life cycle costs.”
1988—Pub. L. 100–615 amended section generally, substituting provisions relating to establishment and use of life cycle cost methods and procedures for provisions defining terms (1) Secretary, (2) life cycle cost, (3) preliminary energy audit, (4) energy survey, (5) Federal building, (6) construction, and (7) energy performance target.
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
42 U.S.C. § 8262j (THE PUBLIC HEALTH AND WELFARE)
§ 8262j. Energy management requirements for United States Postal Service
(a) Energy management requirements for postal facilities
(1) The Postmaster General shall, to the maximum extent practicable, ensure that each United States Postal Service facility meets the energy management requirements for Federal buildings and agencies specified in section 8253 of this title.
(2) The Postmaster General may exclude from the requirements of such section any facility or collection of facilities, and the associated energy consumption and gross square footage if the Postmaster General finds that compliance with the requirements of such section would be impracticable. A finding of impracticability shall be based on the energy intensiveness of activities carried out in such facility or collection of facilities, the type and amount of energy consumed, or the technical feasibility of making the desired changes. The Postmaster General shall identify and list in the report required under section 8262i of this title the facilities designated by it for such exclusion.
(b) Implementation steps
In carrying 1 subsection (a), the Postmaster General shall—
(1) not later than 1 year after October 24, 1992, prepare or update, as appropriate, a plan (which may be submitted as part of the first report submitted under section 8262i of this title)—
(A) describing how this section will be implemented;
(B) designating personnel primarily responsible for achieving the requirements of this section; and
(C) identifying high priority projects;
(2) perform energy surveys of United States Postal Service facilities as necessary to achieve the requirements of this section;
(3) install those energy conservation measures that will attain the requirements of this section in a cost-effective manner as defined in section 8254 of this title; and
(4) ensure that the operation and maintenance procedures applied under this section are continued.
(Pub. L. 102–486, title I, § 166, Oct. 24, 1992, 106 Stat. 2861.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262k (THE PUBLIC HEALTH AND WELFARE)
§ 8262k. Government contract incentives
(a) Establishment of criteria
Each agency, in consultation with the Federal Acquisition Regulatory Council, shall establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal Government contractors or subcontractors.
(b) Purpose of criteria
The criteria established under subsection (a) shall be used to encourage Federal contractors, and their subcontractors, which manage and operate federally-owned facilities, to adopt and utilize energy conservation measures designed to reduce energy costs in Government-owned and contractor-operated facilities and which are ultimately borne by the Federal Government.
(Pub. L. 102–486, title I, § 167, Oct. 24, 1992, 106 Stat. 2862.)
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8276 (THE PUBLIC HEALTH AND WELFARE)
§ 8276. System evaluation and purchase program
(a) Program
The Secretary shall establish, within 60 days after November 9, 1978, a photovoltaic systems evaluation and purchase program to provide such systems as are required by the Federal agencies to carry out this part. In acquiring photovoltaic solar electric systems under this part, the Secretary (or other Federal agency acting under delegation from the Secretary) shall insure that such systems reflect to the maximum extent practicable the most advanced and reliable technologies and shall schedule purchases in a manner which will stimulate the early development of a permanent low-cost private photovoltaic production capability in the United States, and to stimulate the private sector market for photovoltaic power systems. The Secretary and other Federal agencies acting under delegation from the Secretary shall, subject to the availability of appropriated funds, procure not more than 30 megawatts of photovoltaic solar electric systems during fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.
(b) Other procurement
Nothing in this part shall preclude any Federal agency from directly procuring a photovoltaic solar electric system (in lieu of obtaining one under the program under subsection (a)), except that any such Federal agency shall consult with the Secretary before procuring such a system.
(Pub. L. 95–619, title V, § 567, Nov. 9, 1978, 92 Stat. 3281; Pub. L. 96–294, title IV, § 407(2)(C), (D), June 30, 1980, 94 Stat. 717.)
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–294 inserted provisions relating to Federal agencies acting under delegations from the Secretary.
42 U.S.C. § 8285b (THE PUBLIC HEALTH AND WELFARE)
§ 8285b. Grants
(a) The Secretary may make grants to any Governor of a State for the training and certification of individuals to conduct energy audits.
(b) Before making a grant under subsection (a) to a Governor, the Secretary must receive from the Governor an application containing—
(A) any information which the Secretary deems is necessary to carry out this subchapter; and
(B) an assurance that the grant will supplement and not supplant other funds available for such training and certification and will be used to increase the total amount of funds available for such training and certification.
(c)
(1) Before making any grant under subsection (a) the Secretary shall establish minimum standards for the training and certification of individuals to conduct energy audits.
(2) The Secretary shall require each Governor receiving any grant under this subchapter to agree to meet the standards established pursuant to paragraph (1) in any training and certification conducted using funds provided under this subchapter.
(Pub. L. 96–294, title V, § 583, June 30, 1980, 94 Stat. 761.)
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8324 (THE PUBLIC HEALTH AND WELFARE)
§ 8324. Terms and conditions; compliance plans
(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)) 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.
(Pub. L. 95–620, title II, § 214, Nov. 9, 1978, 92 Stat. 3304; Pub. L. 100–42, § 1(c)(8), May 21, 1987, 101 Stat. 312.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1)(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: 1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.
heading: Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978
text: 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.
42 U.S.C. § 8354 (THE PUBLIC HEALTH AND WELFARE)
§ 8354. Terms and conditions; compliance plans
(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)) 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.
(Pub. L. 95–620, title III, § 314, Nov. 9, 1978, 92 Stat. 3314; Pub. L. 100–42, § 1(c)(10), May 21, 1987, 101 Stat. 313.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1)(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: 1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.
heading: Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978
text: 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.