A bill to repeal and amend certain sections of the Powerplant and Industrial Fuel Use Act of 1978.
PL 100-42 (H.R.1941), enacted 05/21/1987

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101 STAT. 310 
PUBLIC LAW 100-42—MAY 21, 1987 
Public Law 100-42 
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100th Congress 
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An Act 
May 21, 1987 
To repeal and amend certain sections of the Powerplant and Industrial Fuel Use Act 
[H.R. 1941] 
of 1978. 
Be it enacted by the Senate and House of Representatives of the 
Energy. 
United States of America in Congress assembled, 
SECTION 1. REPEAL OF CERTAIN SECTIONS OF THE POWERPLANT AND 
INDUSTRIAL FUEL USE ACT OF 1978. 
(a) IN GENERAL.—The following provisions of the Powerplant and 
Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et seq.) are repealed: 
(1) Section 202 (42 U.S.C. 8312). 
(2) Section 302 (42 U.S.C. 8342). 
(3) Section 401 (42 U.S.C. 8371). 
(4) Section 402 (42 U.S.C. 8372). 
(5) Section 405 (42 U.S.C. 8375). 
(6)TitleV(42U.S.C.8391). 
(7) Section 801 (42 U.S.C. 8481). 
(b) CLERICAL AMENDMENT.—The table of contents in section 101(b) 
of the Powerplant and Industrial Fuel Use Act of 1978 is amended 
by striking the items relating to the provisions repealed by subsec-
tion (a) of this section. 
(c) CONFORMING AMENDMENTS.—(1) Section 102 of the Powerplant 
and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301) is amended— 
(A) by striking "and major fuel-burning installations" wher-
ever it appears; and 
(B) in subsection Ot)), by striking paragraphs (2) and (6) and 
redesignating paragraphs (3), (4), (5), (7), (8), (9), (10), (11), and 
(12) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10), 
respectively. 
(2) Section 103 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8302) is amended— 
(A) in subsection (a)(13)(B)— 
(i) by striking clause (ii)(III); 
(ii) by striking "; or" at the end of clause (ii)(II) and 
inserting a period; and 
(iii) by inserting "and" at the end of clause (iiXD; 
(B) in subsection (a)(15), by striking "or major fuel-burning 
installation"; 
(C) in subsection (a)(16), by striking "or installation" each 
place it appears; 
(D) in subsection (a)(19), by striking "or a m^or fuel-burning 
installation"; 
(E) in subsection (a)(20), by striking "or major fuel-burning 
installation"; 
(F) in subsection 03), by striking "or major fuel-burning 
installation" wherever it appears; 
(G) in subsection 0)X1XD), by striking all after "synthetic gas 
involved" and inserting a period; and 
(H) by striking subsection 05X3). 
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PUBLIC LAW 100-42—MAY 21, 1987 
101 STAT. 311 
(3) Section 104 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8303) is amended to read as follows: 
"SEC. 104. TERRITORIAL APPLICATION. 
"The provisions of this Act shall onlv apply within the contiguous 
48 States and the District of Columbia. . 
(4)(A) Section 201 of the Powerplant and Industrial Fuel Use Act 
of 1978 (42 U.S.C. 8311) is amended to read as follows: 
"SEC. 20L COAL CAPABILITY OF NEW ELECTRIC POWERPLANTS; CERTIFI-
CATION OF COMPLIANCE. 
"(a) GENERAL PROHIBITION.—Except to such extent as may be 
authorized under subtitle 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) CAPABIUTY 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 pre-
cluded from using coal or another alternate fuel as its primary 
energy source. 
Capability to use coal or another alternate fuel shall not be inter-
preted 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) APPUCABIUTY 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 power-
plant. 
"(d) SELF-CERTIFICATION.—(1) In order to meet the requirement of 
subsection (a), the owner or operator of any new electric powerplant 
to be operated as a base load powerplant proposing to use natural 
§as or petroleum as its primary energy source shall certify to the 
ecretary 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 Ot)). Such certification shall be 
effective to establish compliance with the requirement of subsection 
(a) 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 nec-
essary to verify the certification. . 
Natural gas. 
Petroleum and 
petroleum 
products. 
Federal 
Register, 
publication. 
101 STAT. 312 
PUBLIC LAW 100-42—MAY 21, 1987 
(B) The item relating to section 201 in the table of contents in 
section 101(b) of the Powerplant and Industrial Fuel Use Act of 1978 
is amended to read as follows: 
"Sec. 201. Coal capability of new electric powerplants; certification of compliance.". 
(5) Section 211 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8321) is amended— 
(A) by striking "or installation from one or more of and 
inserting "from" each place it appears; 
(B) by striking "or installation wherever it appears; 
^ 48" 
(C) in subsection (a)(1), by striking "using imported petro-
j 
leum" and inserting "the fuel that would be used"; 
(D) in subsection (aX3), by striking "or 202"; and 
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(E) by striking subsections (c) and (d). 
(6) Section 212 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8322) is amended— 
(A) by striking "or installation from one or more of each 
place it appears and inserting "from"; 
(B) by striking "or installation" each place it appears; 
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(C) in subsection (a)(1)(A), by striking "using imported petro-
i 
leum" and inserting "the fuel that would be used"; 
'^ 
(D) in subsection (aX2), by striking all that follows "paragraph 
(1) shall" through "new electric powerplant,"; 
(E) by striking subsection (a)(3); 
-A"" (F) in subsection (bX2), by striking "in the case of a power-
plant,"; 
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(G) in subsection (d)— 
(i) by striking "(1)" after the subsection heading; 
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(ii) by striking paragraph (2); and 
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(iii) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively; and 
(H) by striking subsections (g), (h), (i), and (j). 
(7) Section 213 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8323) is amended— 
(A) in subsections (a) and (cXD, by striking "or (g)"; 
(B) in subsection (a), by striking or installation '; and 
(C) by amending subsection (b) to read as follows: 
"(b) STATE APPROVAL REQUIRED FOR POWERPLANT.—If the appro-
priate State regulatory authority has not approved a powerplant for 
(
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which a petition has been filed, such exemption, to the extent it 
applies to the prohibition under section 201 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.". 
(8) Section 214(a) of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8324(a)) is amended by striking "or installation". 
(9) Section 303 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8343) is amended— 
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(A) by striking "or installation" and "or installations" wher-
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ever they appear; 
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(B) in subsection (aXD by striking "or 302"; 
(C) by striking subsection (aX3); 
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c'^ (D) by amending subsection (bXD to read as follows: 
Natural gas. 
"(1) The Secretary may prohibit, by rule, the use of natural gas or 
Petroleum and 
petrolcum Under section 301(b) in existing electric powerplants."; 
products. 
anCl 
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PUBLIC LAW 100-42—MAY 21, 1987 
101 STAT. 313 
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(E) by amending the last sentence of subsection (b)(3) to read 
' 
as follows: "Any such rules shall not apply in the C£ise of any 
existing electric powerplant with respect to which a comparable 
prohibition was issued by order.". 
(10) Subtitle B of title III of the Powerplant and Industrial Fuel 
Use Act of 1978 (42 U.S.C. 8351-8354) is amended by striking "or 
installation" each place it appears. 
(11) Section 311(aX3) of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8351(aX3)) is amended by striking "or 302". 
(12) Section 312 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8352) is amended— 
(A) by striking subsection (dX2); 
(B) in subsection (dX3), by striking "In the case of an existing 
electric powerplant, the" and inserting "The"; and 
(C) by striking subsections (j), (k), and (1). 
(13) Section 313(a) of the Powerplant and Industrial Fuel Use Act 
of 1978 (42 U.S.C. 8353(a)) is amended by striking "(i), or 0')" and 
inserting "or (i)". 
(14) Section 403 of the Powerplant and Industrial Fuel Use Act of 
jmg ima^sn 
1978 (42 U.S.C. 8373) is amended— 
(A) in subsection (aXD, by striking ", major fuel-burning 
installation, or other unit" and ", installation, or unit"; 
(B) in subsection (aX2), by striking ", installation, or other 
unit" and ", installation, or unit"; 
(C) in subsection (aX2), by striking the last sentence; and 
(D) by striking subsection (aX3). 
(15) Section 404 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8374) is amended by striking subsection (g). 
(16) Section 701 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8411) is amended— 
im; aBi t 5i 
(A) in subsection (b), by striking "(other than under section 
402)" and "or installation'^'; 
(B) in subsection (c)— 
(i) by striking "or permit" each place it appears; 
(ii) by striking "or for any permit under section 405," in 
par^aph (1); 
(iii) by striking "or, where appropriate, major fuel-burn-
ing installation" in paragraph (2); and 
(iv) by striking paragraph (4); 
(C) in the first sentence of subsection (dXl)— 
(i) by striking "(or permit)"; and 
(ii) by striking "(other than under section 402)"; 
(D) in subsection (f), by striking "402 or" both places it 
appears; and 
(E) by striking subsection (g). 
(17) Section 711 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8421) is amended by striking in the first sentence of 
subsection (a), "or major fuel-burning installation". 
(18) Section 721 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8431) is amended by striking subsection (c). 
(19) Section 722 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8432) is amended by striking "(other than section 
402)". 
(20) Section 723 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8433) is amended— 
(A) in subsection (a), by striking "(other than section 402)"; 
(B) in subsection 0)), by striking (1)"; and 
.C'-joa 
101 STAT. 314 
PUBLIC LAW 100-42—MAY 21, 1987 
(C) by striking subsections (b)(2) and (c). 
(21) Section 731 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 US.C. 8441) is amended— 
(A) in subsections (aXD and (gX3), by striking "title II or"; and 
(B) in subsection (eXD, by striking "or major fuel-burning 
installation" and "or major fuel burning installation". 
(22) Section 745 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8455) is amended by striking in the first sentence of 
subsection (a) "and major fuel-burning installations". 
(23) Section 761(a) of the Powerplant and Industrial Fuel Use Act 
of 1978 (42 U.S.C. 8471(a)) is amended by striking "or major fuel-
burning installation". 
(24) Section 763 of the Powerplant and Industrial Fuel Use Act of 
1978 (42 U.S.C. 8473) is amended— 
(A) by striking "or major fuel-burning installation" each place 
it appears; and 
(B) by striking paragraph (2XB). 
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Natural gas. 
SEC. 2. REPEAL OF INCREMENTAL PRICING REQUIREMENTS. 
(a) REPEAL.—Subject to subsections (b) and (c) of this section, title 
II of the Natural Gas Policy Act of 1978 (15 U.S.C. 3341-3348) is 
repealed, and the items relating to title II are stricken from the 
table of contents of that Act. 
15 use 3341 
(b) LIMITED CONTINUING EFFECT OF RULES.—A rule promulgated 
note. 
by the Federal Energy Regulatory Commission, under title II of the 
Natural Gas Policy Act of 1978 shall continue in effect only with 
respect to the flowthrough of costs incurred before the enactment of 
this section, including any surcharges based on such costs. 
15 use 3341 
(c) IMPLEMENTATION.—The Federal Energy Regulatory Commis-
note. 
sion may take appropriate action to implement this section. 
Approved May 21, 1987. 
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LEGISLATIVE HISTORY—H.R. 1941 (S. 85): 
HOUSE REPORTS: No. 100-78 (eomm. on Energy and eommerce). 
SENATE REPORTS: No. 100-30 accompanying S. 85 (eomm. on Energy and Natural 
Resources). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
May 4, considered and passed House. 
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May 7, considered and passed Senate. 
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WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
H 
May 21, Presidential remarks.