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42 U.S.C. § 8471 — Effect on environmental requirements

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

42 U.S.C. § 8471 — Effect on environmental requirements

**(a) Compliance with applicable environmental requirements** Except as provided in [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8352/b&num=0&edition=prelim); and the existence of such prohibition shall not be construed to preempt such local requirement with respect to that facility.

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Source location: Title 42, Chapter 92, § 8471; 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. § 8301 — Findings; statement of purposes

**(a) Findings** The Congress finds that— (1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended 11 So in original. Probably should be “expanded”. use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and (2) the purposes of this chapter are furthered in cases in which coal or other alternate fuels are used by electric powerplants, consistent with applicable environmental requirements, as primary energy sources in lieu of natural gas or petroleum. **(b) Statement of purposes** The purpose 22 So in original. Probably should be “purposes”. of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are— (1) to reduce the importation of petroleum and increase the Nation’s capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States; (2) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum, as a primary energy source; (3) to the extent permitted by this chapter, to encourage the use of synthetic gas derived from coal or other alternate fuels; (4) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities; (5) to encourage the modernization or replacement of existing and new electric powerplants which utilize natural gas or petroleum as a primary energy source

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

42 U.S.C. § 8374 — Emergency authorities

**(a) Coal allocation authority** (1) If the President— (A) declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), or (B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines— (i) is, or is likely to be, of significant scope and duration, and of an emergency nature; (ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and (iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God; the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare. (2) For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof). **(b) Emergency prohibition on use of natural gas or petroleum** If the President declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emissio

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

42 U.S.C. § 8471 — Effect on environmental requirements

Page 7615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8472 (Pub. L. 95–620, title VII, § 747, Nov. 9, 1978, 92 Stat. 3344.) Editorial Notes REFERENCES IN 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 chap- ter. 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. PART F—APPROPRIATIONS AUTHORIZATION § 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 author- ization 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.) Editorial Notes REFERENCES IN 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. PART G—COORDINATION WITH OTHER PROVISIONS OF LAW § 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 b

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