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42 U.S.C. § 8391 — Repealed. Pub. L. 100–42, § 1(a)(6), May 21, 1987, 101 Stat. 310

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8391 — Repealed. Pub. L. 100–42, § 1(a)(6), May 21, 1987, 101 Stat. 310

### Statutory Notes Section, Pub. L. 95–620, title V, § 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.

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Source file: Laws/federal/codes/united-states-code/title-42/section-8391-repealed-pub-l-10042-1-a-6-may-21-1987-101-stat-310--927b53eb8a.md
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Source location: Title 42, Chapter 92, § 8391; chapter-092-powerplant-and-industrial-fuel-use.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8411 — Administrative procedures

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). **(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8391 — Repealed. Pub. L. 100–42, § 1(a)(6), May 21,

Page 7601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8401 (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 pre- vent 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 great- est extent practicable, the President shall, be- fore 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. (Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319; Pub. L. 100–42, § 1(c)(15), May 21, 1987, 101 Stat. 313.) Editorial Notes REFERENCES IN TEXT Section 7410(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 101–549, title I, § 101(d)(4), Nov. 15, 1990, 104 Stat. 2409. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Indus- trial 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. Subchapter II (§ 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. AMENDMENTS 1987—Subsec. (g). Pub. L. 100–42 struck out subsec. (g) which per

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