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42 U.S.C. § 8311 — Coal capability of new electric powerplants; certification of compliance
Federal law — U.S. Code and appendices · legal_authorities
**(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), 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 t
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Source file: Laws/federal/codes/united-states-code/title-42/section-8311-coal-capability-of-new-electric-powerplants-certification-of-compliance--343250218f.md
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Source location: Title 42, Chapter 92, § 8311; chapter-092-powerplant-and-industrial-fuel-use.md
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**(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), 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). 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 necessary to verify the certification.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 11 So in original. Probably should be “not”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8311&num=0&edition=prelim) 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 pe
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of mixtures or fluidized bed combustion not feasible** Except in the case of an exemption under [section 8322(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8322/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8322/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8311&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8322/c&num=0&edition=prelim), the Secretary may not grant an exemption for a new powerplant unless he finds that the petitioner has dem
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Federal law — U.S. Code and appendices · legal_authorities
Page 7588
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8303
which paragraph (1) applied during the annual
period ending with the calendar month pre-
ceding the date of such report; and
(B) the amount, quality, and point of deliv-
ery by the pipeline to such person of the nat-
ural gas covered by paragraph (1) which is used
by the person during such annual period.
(3) Repealed. Pub. L. 100–42, § 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.
(Pub. L. 95–620, title I, § 103, Nov. 9, 1978, 92 Stat.
3292; Pub. L. 100–42, § 1(c)(2), May 21, 1987, 101
Stat. 310.)
Editorial Notes
REFERENCES IN 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 In-
dustrial Fuel Use Act of 1978, which is classified prin-
cipally 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 Clean Air Act, referred to in subsec. (a)(17)(B), is
act July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 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, § 2, Oct. 18, 1972, 86
Stat. 816, which is classified generally to chapter 26
(§ 1251 et seq.) of Title 33, Navigation and Navigable Wa-
ters. For complete classification of this Act to the
Code, see Short Title note s
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