Browse Arkansas Code titles and sections

42 U.S.C. § 8322 — Permanent exemptions

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

42 U.S.C. § 8322 — Permanent exemptions

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8322

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: bb78934ee189f5850cc8e466c41c0ac111651c261b100806a2fd10b848390caa. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_455c4b42297c243125dd77ad
Source file: Laws/federal/codes/united-states-code/title-42/section-8322-permanent-exemptions--a0acafa7d6.md
Pages: Not recorded – Not recorded
Passage SHA-256: 3e596a7516b8af7c157c230e1ac31a2329462586469540c4728722c55916b5d0

Source location: Title 42, Chapter 92, § 8322; chapter-092-powerplant-and-industrial-fuel-use.md

Stored source content

**(a) Permanent exemption due to lack of alternate fuel supply, site limitations, environmental requirements, or adequate capital** (1) 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 a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that despite diligent good faith efforts— (A) 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 (i) will not be available within the first 10 years of the useful life of the powerplant, or (ii) will not be available 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 during the useful life of the powerplant involved; (B) one or more site limitations exist which would not permit the location or operation of such powerplant using coal or any other alternate fuel as a primary energy source; (C) the prohibitions of part A could not be satisfied without violating applicable environmental requirements; or (D) the required use of coal or any other alternate fuel would not allow the petitioner to obtain adequate capital for the financing of such powerplant. (2) The demonstration required to be made by a petitioner under paragraph (1) shall be made with respect to the site of such powerplant and reasonable alternative sites. **(b) Permanent exemption due to certain State or local requirements** After consideration of a petition (and comments thereon) for an exemption for a powerplant from the prohibitions of part A, the Secretary may, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that— (1) with respect to the proposed site of the powerplant, the construction or operation of such a facility using coal or any other alternate fuel is infeasible because of a State or local requirement (other than a building code or a nuisance or zoning law); (2) there is no reasonable alternative site for such powerplant which meets the criteria set forth in subsection (a)(1)(A) through (D); and (3) the granting of the exemption would be in the public interest and would be consistent with the purposes of this chapter. **(c) Permanent exemption for cogeneration** After consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of part A for a cogeneration facility, the Secretary may, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he— (1) finds that the petitioner has demonstrated that economic and other benefits of cogeneration are unobtainable unless petroleum or natural gas, or both, are used in such facility, and (2) includes in the final order a statement of the basis for such finding. **(d) Permanent exemption for certain mixtures containing natural gas or petroleum** 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 a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that— (1) the powerplant uses, or proposes to use, a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source; and (2) the amount of the petroleum or natural gas used in such mixture will not exceed the minimum percentage of the total Btu heat input of the primary energy sources of such powerplant needed to maintain reliability of operation of such powerplant consistent with maintaining a reasonable level of fuel efficiency, as determined in accordance with rules prescribed by the Secretary. **(e) Permanent exemption for emergency purposes** After consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of part A for a powerplant, the Secretary shall, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that such powerplant will be maintained and operated only for emergency purposes (as defined by rule by the Secretary). **(f) Permanent exemption for powerplants necessary to maintain reliability of service** After consideration of a petition (and comments thereon) for an exemption for a powerplant from one or more of the prohibitions of part A, the Secretary may, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum if he finds that the petitioner has demonstrated that— (1) such exemption is necessary to prevent impairment of reliability of service, and (2) the petitioner, despite diligent good faith efforts, is not able to make the demonstration necessary to obtain an exemption under subsection (a) or (b) in the time required to prevent such impairment of service.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8301

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 8322 — Permanent exemptions

Page 7590 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8322 not exceed, taking into account any extension or renewal, 5 years. (2)(A) An exemption under subsection (a)(1) may be granted for a period of more than 5 years, but may not exceed, taking into account any extension or renewal, 10 years. (B) An exemption under subsection (b) may be extended beyond the 5-year limit under para- graph (1), but such exemption, so extended, may not exceed 10 years. (3) If an exemption is granted for any power- plant before the powerplant is placed in service, the period before it is placed in service shall not be taken into account in computing the 5-year and the 10-year limitations of paragraphs (1) and (2). (Pub. L. 95–620, title II, § 211, Nov. 9, 1978, 92 Stat. 3299; Pub. L. 100–42, § 1(c)(5), May 21, 1987, 101 Stat. 312.) Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–42, § 1(c)(5)(A)–(D), sub- stituted ‘‘from’’ for ‘‘or installation from one or more of’’ in introductory provisions, substituted ‘‘the fuel that would be used’’ for ‘‘using imported petroleum’’ and struck out ‘‘or installation’’ after ‘‘powerplant’’ in par. (1), struck out ‘‘or installation’’ after ‘‘power- plant’’ in par. (2), and struck out ‘‘or 8312’’ after ‘‘8311’’ in par. (3). Subsec. (b). Pub. L. 100–42, § 1(c)(5)(A), substituted ‘‘from’’ for ‘‘or installation from one or more of’’. Subsec. (c). Pub. L. 100–42, § 1(c)(5)(E), struck out sub- sec. (c) which read as follows: ‘‘After consideration of a petition (and comments thereon) for an exemption for a powerplant or installation from one or more of the prohibitions of part A, the Secretary may, by order, grant an exemption under this subsection for the use of natural gas or petroleum, if he finds that the petitioner has d

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8322

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.