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42 U.S.C. § 8341 — Existing electric powerplants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification by powerplants of coal capability** At any time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)—
(1) whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source;
(2) whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having—
(A) substantial physical modification of the powerplant, or
(B) substantial reduction in the rated capacity of the powerplant; and
(3) whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant.
**(b) Authority of Secretary to prohibit where coal or alternate fuel capability exists** The Secretary may prohibit, in accordance with section 8343(a) or (b) of this title, the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(1), (2), and (3) is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification.
**(c) Authority of Secretary to prohibit excessive use in mixtures** At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certific
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Source location: Title 42, Chapter 92, § 8341; chapter-092-powerplant-and-industrial-fuel-use.md
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**(a) Certification by powerplants of coal capability** At any time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)—
(1) whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source;
(2) whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having—
(A) substantial physical modification of the powerplant, or
(B) substantial reduction in the rated capacity of the powerplant; and
(3) whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant.
**(b) Authority of Secretary to prohibit where coal or alternate fuel capability exists** The Secretary may prohibit, in accordance with section 8343(a) or (b) of this title, the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(1), (2), and (3) is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification.
**(c) Authority of Secretary to prohibit excessive use in mixtures** At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification, the Secretary may prohibit, in accordance with [section 8343(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8343/a&num=0&edition=prelim), the use of petroleum or natural gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture.
**(d) Amendment of subsection (a) and (c) certifications** The owner or operator of any such powerplant may at any time amend any certification under subsection (a) or (c) in order to take into account changes in relevant facts and circumstances; except that no such amendment to such a certification may be made after the date of any final prohibition under subsection (b) or (c) based on that certification.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 6235, Pub. L. 94–163, title I, § 155, Dec. 22, 1975, 89 Stat. 884; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Early Storage Reserve.
Section 6236, Pub. L. 94–163, title I, § 156, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Industrial Petroleum Reserve.
Section 6237, Pub. L. 94–163, title I, § 157, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102–486, title XIV, § 1405, Oct. 24, 1992, 106 Stat. 2995, related to the Regional Petroleum Reserve.
Section 6238, Pub. L. 94–163, title I, § 158, Dec. 22, 1975, 89 Stat. 886; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to a report on the establishment of Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas Reserves.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6240
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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) Temporary exemption due to lack of alternate fuel supply, site limitations, or environmental requirements** 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 such an exemption 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 costs, as determined by rule by the Secretary, of using imported petroleum as a primary energy source;
(2) one or more site limitations exist which would not permit the operation of such a powerplant using coal or any other alternate fuel as a primary energy source; or
(3) the prohibitions of [section 8341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8341&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 from one or more of the prohibitions of part A for a powerplant, the Secretary, by order, shall 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 p
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8351
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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, or environmental requirements**
(1) 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 for the use of 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 fuels 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 using imported petroleum as a primary energy source during the remaining useful life of the powerplant;
(B) one or more site limitations exist which would not permit the operation of such a powerplant using coal or any other alternate fuel as a primary energy source; or
(C) the prohibitions of part A could not be satisfied without violating applicable environmental requirements.
(2) Notwithstanding the preceding provisions of this subsection, a powerplant which has been granted an exemption under subsection (g) may not be granted an exemption under this subsection.
**(b) Permanent exemption due to certain State or local requirements** 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 may, by order, grant a permanent exemption under th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8352
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Federal law — U.S. Code and appendices · legal_authorities
Page 7593
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8343
SUBCHAPTER III—EXISTING FACILITIES
PART A—PROHIBITIONS
§ 8341. Existing electric powerplants
(a) Certification by powerplants of coal capa-
bility
At any time, the owner or operator of an exist-
ing electric powerplant may certify to the Sec-
retary, for purposes of subsection (b)—
(1) whether or not such powerplant has or
previously had the technical capability to use
coal or another alternate fuel as a primary en-
ergy source;
(2) whether or not such powerplant could
have the technical capability to use coal or
another alternate fuel as a primary energy
source without having—
(A) substantial physical modification of
the powerplant, or
(B) substantial reduction in the rated ca-
pacity of the powerplant; and
(3) whether or not it is financially feasible to
use coal or another alternate fuel as a primary
energy source in such a powerplant.
(b) Authority of Secretary to prohibit where coal
or alternate fuel capability exists
The Secretary may prohibit, in accordance
with section 8343(a) or (b) of this title, the use of
petroleum or natural gas, or both, as a primary
energy source in any existing electric power-
plant, if an affirmative certification under sub-
section (a)(1), (2), and (3) is in effect with respect
to such powerplant and if, after examining the
basis for the certification, the Secretary concurs
with the certification.
(c) Authority of Secretary to prohibit excessive
use in mixtures
At any time, the owner or operator of an exist-
ing electric powerplant may certify to the Sec-
retary for purposes of this subsection whether or
not it is technically and financially feasible to
use a mixture of petroleum or natural gas and
coal or another alternate fuel as a primary en-
ergy so
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