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42 U.S.C. § 8321 — Temporary exemptions

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

42 U.S.C. § 8321 — Temporary exemptions

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Source file: Laws/federal/codes/united-states-code/title-42/section-8321-temporary-exemptions--9a84ee3456.md
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Source location: Title 42, Chapter 92, § 8321; chapter-092-powerplant-and-industrial-fuel-use.md

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**(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 petitioner has demonstrated that— (1) the petitioner will comply with the prohibitions of part A by the end of the proposed exemption by the use of a synthetic fuel derived from coal or another alternate fuel; and (2) the petitioner is not able to comply with such prohibitions by the use of such synthetic fuel until the end of the proposed exemption. The effectiveness of an exemption under this subsection is conditioned on the petitioner filing and maintaining a compliance plan meeting the requirements of [section 8324(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8324/b&num=0&edition=prelim). **(c) , (d) Repealed. Pub. L. 100–42, § 1(c)(5)(E), May 21, 1987, 101 Stat. 312** **(e) Duration of temporary exemptions** (1) Except as provided in paragraph (2), exemptions under this section for any powerplant may 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 paragraph (1), but such exemption, so extended, may not exceed 10 years. (3) If an exemption is granted for any powerplant 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).

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

42 U.S.C. § 8311 — Coal capability of new electric powerplants; certification of compliance

**(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

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. § 8312 — Repealed. Pub. L. 100–42, § 1(a)(1), May 21, 1987, 101 Stat. 310

### Statutory Notes Section, Pub. L. 95–620, title II, § 202, Nov. 9, 1978, 92 Stat. 3298, prohibited, except to extent authorized under part B, use of natural gas or petroleum as primary energy source in new major fuel-burning installation consisting of a boiler, and authorized Secretary to prohibit nonboilers from using natural gas or petroleum.

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

42 U.S.C. § 8321 — Temporary exemptions

Page 7589 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8321 1 So in original. Probably should be ‘‘not’’. (1) has sufficient inherent design character- istics to permit the addition of equipment (in- cluding all necessary pollution devices) nec- essary to render such electric powerplant ca- pable of using coal or another alternate fuel as its primary energy source; and (2) is not physically, structurally, or techno- logically 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 pow- erplant to be immediately able to use coal or an- other 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 sit- uations, as defined by the Secretary and re- ported 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 sub- section (a), the owner or operator of any new electric powerplant to be operated as a base load powerplant proposing to use natural gas or pe- troleum as its primary energy source shall cer- tify to the Secretary prior to construction, or prior to operation as a base load powerplant in the case of a new electric powerplant operated as a peakload powerplant or intermediate load powerplant, that such powerplant has capability to use coal or another alternate fuel, within the meaning of subsection (b). Such c

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