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42 U.S.C. § 8323 — General requirements for exemptions
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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Source file: Laws/federal/codes/united-states-code/title-42/section-8323-general-requirements-for-exemptions--09a096b745.md
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Source location: Title 42, Chapter 92, § 8323; chapter-092-powerplant-and-industrial-fuel-use.md
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**(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 demonstrated that there is no alternative supply of electric power which is available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts.
(2) The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the Secretary and shall consult with such Commission before making any finding on such petition under paragraph (1).
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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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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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Federal law — U.S. Code and appendices · legal_authorities
Page 7591
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8323
grant a permanent exemption under this sub-
section with respect to natural gas or petro-
leum, if he—
(1) finds that the petitioner has dem-
onstrated that economic and other benefits of
cogeneration are unobtainable unless petro-
leum 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 com-
ments thereon) for an exemption for a power-
plant from the prohibitions of part A, the Sec-
retary shall, by order, grant a permanent ex-
emption under this subsection with respect to
natural gas or petroleum, if he finds that the pe-
titioner 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 effi-
ciency, as determined in accordance with rules
prescribed by the Secretary.
(e) Permanent exemption for emergency pur-
poses
After consideration of a petition (and com-
ments thereon) for an exemption from one or
more of the prohibitions of part A for a power-
plant, the Secretary shall, by order, grant a per-
manent 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
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