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42 U.S.C. § 8301 — Findings; statement of purposes
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 42, Chapter 92, § 8301; chapter-092-powerplant-and-industrial-fuel-use.md
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**(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 and which cannot utilize coal or other alternate fuels where to do so furthers the conservation of natural gas and petroleum;
(6) to require that existing and new electric powerplants which utilize natural gas, petroleum, or coal or other alternate fuels pursuant to this chapter comply with applicable environmental requirements;
(7) to insure that all Federal agencies utilize their authorities fully in furtherance of the purposes of this chapter by carrying out programs designed to prohibit or discourage the use of natural gas and petroleum as a primary energy source and by taking such actions as lie within their authorities to maximize the efficient use of energy and conserve natural gas and petroleum in programs funded or carried out by such agencies;
(8) to insure that adequate supplies of natural gas are available for essential agricultural uses (including crop drying, seed drying, irrigation, fertilizer production, and production of essential fertilizer ingredients for such uses);
(9) to reduce the vulnerability of the United States to energy supply interruptions; and
(10) to regulate interstate commerce.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Publication of Harmonized Tariff Schedule
The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402.
#### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule
Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Federal Energy Administrator to request, acquire, and collect energy information; rules and regulations** For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this chapter or the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.].11 See References in Text note below. The Federal Energy Administrator shall promptly promulgate rules pursuant to subsection (b)(1)(A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days.
**(b) Powers of Federal Energy Administrator in obtaining energy information; verification of accuracy; compliance orders**
(1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized—
(A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports;
(B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;
(C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 796
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of contractual interests**
(1) In order to facilitate voluntary conversion of facilities from the use of natural gas to the use of heavy petroleum fuel oil, the Commission shall, by rule, provide a procedure for the approval by the Commission of any transfer to any person described in paragraph 2(B)(i), (ii), or (iii) of contractual interests involving the receipt of natural gas described in paragraph 2(A).
(2)
(A) The rule required under paragraph (1) shall apply to—
(i) natural gas—
(I) received by the user pursuant to a contract entered into before September 1, 1977, not including any renewal or extension thereof entered into on or after such date other than any such extension or renewal pursuant to the exercise by such user of an option to extend or renew such contract;
(II) other than natural gas the sale for resale or the transportation of which was subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.] as of September 1, 1977;
(III) which was used as a fuel in any facility in existence on September 1, 1977.
(ii) natural gas subject to a prohibition order issued under [section 717z of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717z&num=0&edition=prelim).
(B) The rule required under paragraph (1) shall permit the transfer of contractual interests—
(i) to any interstate pipeline;
(ii) to any local distribution company served by an interstate pipeline; and
(iii) to any person served by an interstate pipeline for a high priority use by such person.
(3) The rule required under paragraph (1) shall pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717y
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations of rules, regulations, or orders promulgated pursuant to Emergency Petroleum Allocation Act of 1973** If upon investigation the Secretary or his authorized representative believes that a person has violated any regulation, rule, or order described in [section 7191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191/a&num=0&edition=prelim) promulgated pursuant to the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.], he may issue a remedial order to the person. Each remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to have been violated. For purposes of this section “person” includes any individual, association, company, corporation, partnership, or other entity however organized.
**(b) Notice of intent to contest; final order not subject to review** If within thirty days after the receipt of the remedial order issued by the Secretary, the person fails to notify the Secretary that he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency.
**(c) Notice of contestation to Commission; stay; hearing; cross examination; final order; enforcement and review** If within thirty days after the receipt of the remedial order issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advis
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7194
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability**
(1) After January 1, 2000, each existing utility unit as provided below is subject to the limitations or requirements of this section. Each utility unit subject to an annual sulfur dioxide tonnage emission limitation under this section is an affected unit under this subchapter. Each source that includes one or more affected units is an affected source. In the case of an existing unit that was not in operation during calendar year 1985, the emission rate for a calendar year after 1985, as determined by the Administrator, shall be used in lieu of the 1985 rate. The owner or operator of any unit operated in violation of this section shall be fully liable under this chapter for fulfilling the obligations specified in [section 7651j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651j&num=0&edition=prelim).
(2) In addition to basic Phase II allowance allocations, in each year beginning in calendar year 2000 and ending in calendar year 2009, inclusive, the Administrator shall allocate up to 530,000 Phase II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and (B), and (h)(2) of this section and [section 7651e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651e&num=0&edition=prelim). Not later than June 1, 1998, the Administrator shall calculate, for each unit granted an extension pursuant to [section 7651h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651h&num=0&edition=prelim) the difference between (A) the number of allowances allocated for the unit in calendar year 2000, and (B) the product of the unit’s baseline multiplied by 1.20 lbs/mmBtu, divided by 2000, and sum the computations. In each year,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally** Unless otherwise expressly provided, for the purposes of this chapter—
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “person” means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof.
(3)
(A) Except as provided in subparagraph (B), the term “natural gas” means any fuel consisting in whole or in part of—
(i) natural gas;
(ii) liquid petroleum gas;
(iii) synthetic gas derived from petroleum or natural gas liquids; or
(iv) any mixture of natural gas and synthetic gas.
(B) The term “natural gas” does not include—
(i) natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the Secretary;
(ii) natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu’s per day;
(iii) natural gas to the extent the exclusion of such gas is provided for in subsection (b); or
(iv) synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu’s per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit.
(4) The term “petroleum” means crude oil and products derived from crude oil, other than—
(A) synthetic gas derived from crude oil;
(B) liquid petroleum gas;
(C) liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules p
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall only apply within the contiguous 48 States and the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8303
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8321
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8322
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8323
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