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42 U.S.C. § 8312 — Repealed.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

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42 U.S.C. § 8312 — Repealed.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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Source file: Laws/federal/codes/united-states-code/title-42/section-8312-repealed-pub-l-10042-1-a-1-may-21-1987-101-stat-310--00d5897deb.md
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Source location: Title 42, Chapter 92, § 8312; chapter-092-powerplant-and-industrial-fuel-use.md

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

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

**(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 pe

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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,

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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