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42 U.S.C. § 8351 — Temporary exemptions

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

42 U.S.C. § 8351 — Temporary exemptions

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Source file: Laws/federal/codes/united-states-code/title-42/section-8351-temporary-exemptions--0a9efbaae8.md
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Source location: Title 42, Chapter 92, § 8351; chapter-092-powerplant-and-industrial-fuel-use.md

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**(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 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 8354(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8354/b&num=0&edition=prelim). **(c) Temporary exemption based upon use of innovative technologies** 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 such powerplant will comply with such prohibitions at the expiration of such exemption by the adoption of a technology for the use of coal or another alternate fuel which at the time of the granting of the exemption is determined by the Secretary to be an innovative technology. The effectiveness of an exemption under this subsection is conditioned on the petitioner filing and maintaining a compliance plan meeting the requirements of [section 8354(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8354/b&num=0&edition=prelim). **(d) Temporary exemption for units to be retired** (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 an exemption under this subsection for the use of natural gas or petroleum, if he finds that the petitioner has demonstrated that such powerplant is to permanently cease operation at or before the expiration of the exemption period. An exemption under this subsection is conditioned on the petitioner filing and maintaining a compliance plan meeting the requirements of section 8354(b) (other than paragraph (1)(B)) of this title. (2) Notwithstanding any other provision of this chapter, an exemption under this part may not be granted for any powerplant once an exemption under this subsection has been granted for such powerplant. **(e) Temporary public interest exemption** After consideration of a petition (and comments thereon) for an exemption for a powerplant from one or more of the prohibitions of part A for a powerplant, the Secretary may, 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 the issuance of such exemption is in the public interest and is consistent with the purposes of this chapter. **(f) Temporary exemption for peakload powerplants** 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 an exemption under this subsection for the use of natural gas or petroleum, if the petitioner certifies that such powerplant is to be operated solely as a peakload powerplant. **(g) Temporary exemption for powerplants where necessary to maintain reliability of service** (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 an exemption under this subsection for the use of natural gas or petroleum, if he finds that the petitioner has demonstrated that such exemption is necessary to prevent impairment of reliability of service. (2) Notwithstanding any other provision of this chapter, an exemption under this part (other than a permanent exemption under [section 8352(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8352/f&num=0&edition=prelim) for the use of petroleum) may not be granted for any powerplant for which an exemption under this subsection has been granted. **(h) Duration of temporary exemptions** (1) Except as provided in paragraphs (2) and (3), 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) Subject to paragraph (3), an exemption under subsections (b), (c), and (g) may be extended beyond the 5-year limit under paragraph (1), but such exemption, so extended, may not exceed 10 years. (3) An exemption under subsections (d), (f), and (g) for the use of natural gas by a powerplant may not extend beyond December 31, 1994. (4) In computing the 5-year and 10-year limitations of paragraphs (1) and (2) in the case of any exemption under this section, the period before the prohibition on the use of natural gas and petroleum would first apply (if the exemption had not been granted) shall be disregarded.

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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

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

42 U.S.C. § 8341 — Existing electric powerplants

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8341

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

42 U.S.C. § 8351 — Temporary exemptions

Page 7594 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8351 1 So in original. Probably should be ‘‘subsection’’. at the time the proposed order is issued, covered by a final rule issued under section 1 (b). (b) Prohibitions applicable to categories of facili- ties (1) The Secretary may prohibit, by rule, the use of natural gas or petroleum under section 8341(b) of this title in existing electric power- plants. (2) Each powerplant to be covered by any final rule issued under this subsection shall be spe- cifically identified in the proposed rule pub- lished under section 8411(b) of this title. (3) In prescribing any final rule under this sub- section, the Secretary shall take into account any special circumstances or characteristics of each category of powerplants (such as the inter- mittent use, size, age, or geographic location of such powerplants). Any such rules shall not apply in the case of any existing electric power- plant with respect to which a comparable prohi- bition was issued by order. (Pub. L. 95–620, title III, § 303, Nov. 9, 1978, 92 Stat. 3306; Pub. L. 100–42, § 1(c)(9), May 21, 1987, 101 Stat. 312.) Editorial Notes AMENDMENTS 1987—Subsec. (a)(1). Pub. L. 100–42, § 1(c)(9)(A), (B), struck out ‘‘or installation’’ after ‘‘powerplant’’ in two places and ‘‘or 8342’’ after ‘‘section 8341(b) or (c)’’. Subsec. (a)(2). Pub. L. 100–42, § 1(c)(9)(A), struck out ‘‘or installation’’ after ‘‘powerplant’’. Subsec. (a)(3). Pub. L. 100–42, § 1(c)(9)(C), struck out par. (3) which read as follows: ‘‘(A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant if it is demonstrated that such powerplant would have been granted an exemption if such prohibi- tion had been established by a final r

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8351

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