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42 U.S.C. § 8411 — Administrative procedures
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 42, Chapter 92, § 8411; chapter-092-powerplant-and-industrial-fuel-use.md
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**(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 practicable, consult with such agencies.
(3) The Secretary, within 6 months after the period for public comment and hearing applicable to any petition for an exemption, shall issue a final order granting or denying the petition for such exemption, except that the Secretary may extend such period to a specified date if he publishes notice thereof in the Federal Register and includes with such notice a statement of the reasons for such extension.
**(d) Public comment on prohibitions and exemptions**
(1) In the case of any proposed rule or order by the Secretary imposing a prohibition or any petition for any order granting an exemption under this chapter, any interested person shall be afforded an opportunity to present oral data, views, and arguments at a public hearing. At such hearing any interested person shall have an opportunity to question—
(A) other interested persons who make oral presentations,
(B) employees and contractors of the United States who have made written or oral presentations or who have participated in the development of the proposed rule or order or in the consideration of such petition, and
(C) experts and consultants who have provided information to any person who makes an oral presentation and which is contained in or referred to in such presentation,
with respect to disputed issues of material fact, except that the Secretary may restrict questioning if he determines that such questioning is duplicative or is not likely to result in a timely and effective resolution of such issues. Any oral or documentary evidence may be received, but the Secretary as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence.
(2) A rule or order subject to this section may not be issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.
**(e) Transcript** A transcript shall be kept of any public hearing made in accordance with this section.
**(f) Environmental Protection Agency comment** A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this chapter (other than under [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim)), or a petition for an exemption (or permit) under this chapter (other than under [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim)), shall be transmitted by the Secretary to the Administrator of the Environmental Protection Agency and the Secretary shall request such agency to comment thereon within the period provided to the public unless a longer period is provided under the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.]. In any such case, the Administrator of the Environmental Protection Agency shall be afforded the same opportunity to comment and question as is provided other interested persons under subsection (d).
**(g) Repealed. Pub. L. 100–42, § 1(c)(16)(E), May 21, 1987, 101 Stat. 313**
**(h) Coordination with other provisions of law**
(1) Except as provided in sections 8412(c)(4), 8433(d)(5), and 8434 of this title, title V of the Department of Energy Organization Act ([42 U.S.C. 7191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), et seq.) shall not apply with respect to this chapter.
(2) The preceding provisions of this section shall not apply with respect to any exercise of authority under [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim).
(3) The procedures applicable under this chapter shall not—
(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this chapter (or provisions of law cited herein), or
(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this chapter, and declaring that such provision supersedes, in whole or in part, the procedures of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
### 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8391
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
**(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
**(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
**(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
**(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
**(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury.
**(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7191
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and were formerly classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense. See sections 6271 to 6283, repsectively, of Title 10, Armed Forces.
Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title.
Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization.
Section 7386b related to minor construction projects.
Section 7386c related to limits on construction projects.
Section 7386d related to fund transfer authority.
Section 7386e related to conceptual and construction design.
Section 7386f related to authority for emergency planning, design, and construction activities.
Section 7386g related to scope of authority to carry out plant projects.
Section 7386h related to availability of funds.
Section 7386i related to transfer of defense environmental management funds.
Section 7386j related to transfer of weapons activities funds.
Section 7386k related to funds available for all national security programs of the Department of Energy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8374
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 95–620, title IV, § 405, Nov. 9, 1978, 92 Stat. 3320, prohibited increased use of petroleum as primary energy source in existing electric powerplants which, during calendar year 1977, used coal or another alternate fuel as primary energy source, unless permit authorizing such increased use had been issued by Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8375
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
Page 7077
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7191
§ 7176. Reorganization
For the purposes of chapter 9 of title 5 the
Commission shall be deemed to be an inde-
pendent regulatory agency.
(Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat.
586.)
§ 7177. Access to information
(a) The Secretary, each officer of the Depart-
ment, and each Federal agency shall provide to
the Commission, upon request, such existing in-
formation in the possession of the Department
or other Federal agency as the Commission de-
termines is necessary to carry out its respon-
sibilities under this chapter.
(b) The Secretary, in formulating the informa-
tion to be requested in the reports or investiga-
tions under section 825c and section 825j of title
16 and section 717i and section 717j of title 15
shall include in such reports and investigations
such specific information as requested by the
Federal Energy Regulatory Commission and
copies of all reports, information, results of in-
vestigations and data under said sections shall
be furnished by the Secretary to the Federal En-
ergy Regulatory Commission.
(Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat.
587.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565, known as the Department of Energy Orga-
nization Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 7101 of
this title and Tables.
§ 7178. Federal Energy Regulatory Commission
fees and annual charges
(a) In general
(1) Except as provided in paragraph (2) and be-
ginning in fiscal year 1987 and in each fiscal year
thereafter, the Federal Ene
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7191
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Federal law — U.S. Code and appendices · legal_authorities
Page 7160
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7401
Sec.
PART C—CLEAN FUEL VEHICLES
7581.
Definitions.
7582.
Requirements applicable to clean-fuel vehi-
cles.
7583.
Standards for light-duty clean-fuel vehicles.
7584.
Administration and enforcement as per Cali-
fornia standards.
7585.
Standards for heavy-duty clean-fuel vehicles
(GVWR above 8,500 up to 26,000 lbs.).
7586.
Centrally fueled fleets.
7587.
Vehicle conversions.
7588.
Federal agency fleets.
7589.
California pilot test program.
7590.
General provisions.
SUBCHAPTER III—GENERAL PROVISIONS
7601.
Administration.
7602.
Definitions.
7603.
Emergency powers.
7604.
Citizen suits.
7605.
Representation in litigation.
7606.
Federal procurement.
7607.
Administrative proceedings and judicial re-
view.
7608.
Mandatory licensing.
7609.
Policy review.
7610.
Other authority.
7611.
Records and audit.
7612.
Economic impact analyses.
7613.
Repealed.
7614.
Labor standards.
7615.
Separability.
7616.
Sewage treatment grants.
7617.
Economic impact assessment.
7618.
Repealed.
7619.
Air quality monitoring.
7620.
Standardized air quality modeling.
7621.
Employment effects.
7622.
Employee protection.
7623.
Repealed.
7624.
Cost of vapor recovery equipment.
7625.
Vapor recovery for small business marketers
of petroleum products.
7625–1.
Exemptions for certain territories.
7625a.
Statutory construction.
7626.
Authorization of appropriations.
7627.
Air pollution from Outer Continental Shelf
activities.
7628.
Demonstration grant program for local gov-
ernments.
SUBCHAPTER IV—NOISE POLLUTION
7641.
Noise abatement.
7642.
Authorization of appropriations.
SUBCHAPTER IV–A—ACID DEPOSITION CONTROL
7651.
Findings and purposes.
7651a.
Definitions.
7651b.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7401. This identifies an authority to review, not proof of applicability.