42 U.S.C. § 8302 — Definitions

Page 7584 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8302 States to the extent such reduction and use further the goal of national energy self-suffi- ciency 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 nat- ural 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 up- grading of railroad service and equipment nec- essary to transport coal to regions or States which can use coal in greater quantities; (5) to encourage the modernization or re- placement of existing and new electric power- plants which utilize natural gas or petroleum as a primary energy source and which cannot utilize coal or other alternate fuels where to do so furthers the conservation of natural gas and petroleum; (6) to require that existing and new electric powerplants which utilize natural gas, petro- leum, or coal or other alternate fuels pursuant to this chapter comply with applicable envi- ronmental requirements; (7) to insure that all Federal agencies utilize their authorities fully in furtherance of the purposes of this chapter by carrying out pro- grams designed to prohibit or discourage the use of natural gas and petroleum as a primary energy source and by taking such actions as lie within their authorities to maximize the efficient use of energy and conserve natural gas and petroleum in programs funded or car- ried out by such agencies; (8) to insure that adequate supplies of nat- ural gas are available for essential agricul- tural uses (including crop drying, seed drying, irrigation, fertilizer production, and produc- tion of essential fertilizer ingredients for such uses); (9) to reduce the vulnerability of the United States to energy supply interruptions; and (10) to regulate interstate commerce. (Pub. L. 95–620, title I, § 102, Nov. 9, 1978, 92 Stat. 3291; Pub. L. 100–42, § 1(c)(1), May 21, 1987, 101 Stat. 310.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1987—Subsec. (a)(1), (2). Pub. L. 100–42, § 1(c)(1)(A), struck out ‘‘and major fuel-burning installations’’ after ‘‘electric powerplants’’. Subsec. (b)(2). Pub. L. 100–42, § 1(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2) relating to conservation of natural gas and petroleum for uses for which there are no alternatives. Subsec. (b)(3), (4). Pub. L. 100–42, § 1(c)(1)(B), redesig- nated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2). Subsec. (b)(5). Pub. L. 100–42, § 1(c)(1), redesignated par. (7) as (5) and struck out ‘‘and major fuel-burning installations’’ after ‘‘electric powerplants’’. Former par. (5) redesignated (4). Subsec. (b)(6). Pub. L. 100–42, § 1(c)(1), redesignated par. (8) as (6) and struck out ‘‘and major fuel-burning installations’’ after ‘‘electric powerplants’’, and struck out former par. (6) which related to prohibition or minimization of use of natural gas and petroleum as a primary energy source. Subsec. (b)(7) to (10). Pub. L. 100–42, § 1(c)(1)(B), redes- ignated former pars. (9) to (12) as (7) to (10), respec- tively. Former pars. (7) and (8) redesignated (5) and (6), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–620, title IX, § 901, Nov. 9, 1978, 92 Stat. 3349, provided that: ‘‘Unless otherwise provided in this Act [see Short Title note set out below] the provisions of this Act shall take effect 180 days after the date of the enactment of this Act [Nov. 9, 1978], except that the Secretary may issue rules pursuant to such provisions at any time after such date of enactment, which rules may take effect no earlier than 180 days after such date of enactment.’’ SHORT TITLE Pub. L. 95–620, title I, § 101(a), Nov. 9, 1978, 92 Stat. 3289, provided that: ‘‘This Act [enacting this chapter, amending sections 6211 and 7193 of this title, section 796 of Title 15, Commerce and Trade, section 1202 of Title 19, Customs Duties, sections 821, 822 and 825 of Title 45, Railroads, and section 26b of former Title 49, Transpor- tation, and enacting provisions set out as notes under this section and section 822 of Title 45] may be cited as the ‘Powerplant and Industrial Fuel Use Act of 1978’.’’ EXEMPTION FOR CERTAIN ELECTRIC POWERPLANTS AND TEMPORARY EXEMPTION ISSUED UNDER SECTION 8321(d) AS EFFECTIVE PRIOR TO 180 DAYS AFTER NO- VEMBER 9, 1978 Pub. L. 95–620, title IX, § 902, Nov. 9, 1978, 92 Stat. 3349, provided that: ‘‘(a) EXEMPTIONS IN THE CASE OF CERTAIN POWER- PLANTS.—In the case of— ‘‘(1) any electric powerplant which, as of April 20, 1977, has received a final decision from the appro- priate State agency authorizing the construction of such powerplant, and ‘‘(2) any electric powerplant (A) consisting of one or more combined cycle units owned or operated by an electric utility which serves at least 2,000,000 cus- tomers and (B) for which an application has been filed for at least one year before the date of the enactment of this Act [Nov. 9, 1978] with the appropriate State agency for authorization to construct such power- plant, the Secretary may receive, consider, and grant (or deny) any petition for an exemption under title II or III [subchapters II and III of this chapter] notwithstanding section 901 [section 901 of Pub. L. 95–620, set out as a note above] or the fact that all rules related to such pe- tition have not been prescribed at the time. ‘‘(b) EXEMPTIONS UNDER SECTION 211(d).—The Sec- retary may receive, consider, and grant (or deny) any petition for any exemption under section 211(d) [section 8321(d) of this title] notwithstanding section 901 [sec- tion 901 of Pub. L. 95–620, set out as a note above], or the fact that all rules related to such petition have not been prescribed at the time.’’ § 8302. Definitions (a) Generally Unless otherwise expressly provided, for the purposes of this chapter— (1) The term ‘‘Secretary’’ means the Sec- retary of Energy. Page 7585 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8302 (2) The term ‘‘person’’ means any (A) indi- vidual, corporation, company, partnership, as- sociation, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof. (3)(A) Except as provided in subparagraph (B), the term ‘‘natural gas’’ means any fuel consisting in whole or in part of— (i) natural gas; (ii) liquid petroleum gas; (iii) synthetic gas derived from petroleum or natural gas liquids; or (iv) any mixture of natural gas and syn- thetic gas. (B) The term ‘‘natural gas’’ does not in- clude— (i) natural gas which is commercially un- marketable (either by reason of quality or quantity), as determined under rules pre- scribed by the Secretary; (ii) natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu’s per day; (iii) natural gas to the extent the exclu- sion of such gas is provided for in subsection (b); or (iv) synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu’s per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit. (4) The term ‘‘petroleum’’ means crude oil and products derived from crude oil, other than— (A) synthetic gas derived from crude oil; (B) liquid petroleum gas; (C) liquid, solid, or gaseous waste byprod- ucts of refinery operations which are com- mercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or (D) petroleum coke or waste gases from in- dustrial operations. (5) The term ‘‘coal’’ means anthracite and bituminous coal, lignite, and any fuel deriva- tive thereof. (6) The term ‘‘alternate fuel’’ means elec- tricity or any fuel, other than natural gas or petroleum, and includes— (A) petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agri- cultural wastes, wood, and renewable and geothermal energy sources; (B) liquid, solid, or gaseous waste byprod- ucts of refinery or industrial operations which are commercially unmarketable, ei- ther by reason of quality or quantity, as de- termined under rules prescribed by the Sec- retary; and (C) waste gases from industrial operations. (7)(A) The terms ‘‘electric powerplant’’ and ‘‘powerplant’’ mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which pro- duces electric power for purposes of sale or ex- change and— (i) has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater. (B) For purposes of subparagraph (A), the term ‘‘electric generating unit’’ does not in- clude— (i) any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and (ii) any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for resale, as determined by the Secretary. (C) For purposes of clause (ii) of subpara- graph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu’s per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule, to be appropriate. (8) The term ‘‘new electric powerplant’’ means— (A) any electric powerplant for which con- struction or acquisition began on a date on or after November 9, 1978; and (B) any electric powerplant for which con- struction or acquisition began on a date after April 20, 1977, and before November 9, 1978, unless the Secretary finds the construc- tion or acquisition of such powerplant could not be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter without— (i) adversely affecting electric system re- liability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appro- priate State authority), or (ii) imposing substantial financial pen- alty (as determined under rules prescribed by the Secretary). (9)(A) The term ‘‘existing electric power- plant’’ means any electric powerplant other than a new electric powerplant. (B) Any powerplant treated under this chap- ter as an existing electric powerplant shall not be treated thereafter as a new electric power- plant merely by reason of a transfer of owner- ship. (10)(A) The terms ‘‘major fuel-burning in- stallation’’ and ‘‘installation’’ means a sta- tionary unit consisting of a boiler, gas turbine unit, combined cycle unit, or internal combus- tion engine which— (i) has a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more such units which are located at the same site and which in the aggregate have a de- sign capability of consuming any fuel (or Page 7586 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8302 mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater. (B) The terms ‘‘major fuel-burning installa- tion’’ and ‘‘installation’’ do not include— (i) any electric powerplant; or (ii) any pump or compressor used solely in connection with the production, gathering, transmission, storage, or distribution of gases or liquids, but only if there is certifi- cation to the Secretary of such use (in ac- cordance with rules prescribed by the Sec- retary). (C) For purposes of clause (ii) of subpara- graph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu’s per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule to be appropriate. (11) The term ‘‘new major fuel-burning in- stallation’’ means— (A) any major fuel-burning installation on which construction or acquisition began on a date on or after November 9, 1978; and (B) any major fuel-burning installation on which construction or acquisition began on a date after April 20, 1977, and before Novem- ber 9, 1978, unless the Secretary finds the construction or acquisition of such installa- tion could not be canceled, rescheduled, or modified to comply with applicable require- ments of this chapter without— (i) incurring significant operational det- riment of the unit (as determined by the Secretary); or (ii) imposing substantial financial pen- alty (as determined under rules prescribed by the Secretary). (12)(A) The term ‘‘existing major fuel-burn- ing installation’’ means any installation which is not a new major fuel-burning instal- lation. (B) Such term does not include a major fuel- burning installation for the extraction of min- eral resources located— (i) on or above the Continental Shelf of the United States, or (ii) on wetlands areas adjacent to the Con- tinental Shelf of the United States, where coal storage is not practicable or would produce adverse effects on environmental quality. (C) Any installation treated as an existing major fuel-burning installation shall not be treated thereafter as a new major fuel-burning installation merely by reason of a transfer of ownership. (13) The term ‘‘construction or acquisition began’’ means, when used with reference to a certain date, that— (A) construction in accordance with final drawings or equivalent design documents (as defined by the Secretary, by rule) began on or after that date; or (B)(i) construction or acquisition had been contracted for on or after that date, or (ii) if the construction or acquisition had been contracted for before such date, such con- struction or acquisition could be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter— (I) without imposing substantial finan- cial penalty, as determined under rules prescribed by the Secretary; and (II) in the case of a powerplant, without adversely affecting electric system reli- ability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appro- priate State authority). (14) The term ‘‘construction’’ means sub- stantial onsite construction or reconstruction, as defined by rule by the Secretary. (15) The term ‘‘primary energy source’’ means the fuel or fuels used by any existing or new electric powerplant, except it does not in- clude, as determined under rules prescribed by the Secretary— (A) the minimum amounts of fuel required for unit ignition, startup, testing, flame sta- bilization, and control uses, and (B) the minimum amounts of fuel required to alleviate or prevent (i) unanticipated equipment outages and (ii) emergencies di- rectly affecting the public health, safety, or welfare which would result from electric power outages. (16) The term ‘‘site limitation’’ means, when used with respect to any powerplant, any spe- cific physical limitation associated with a par- ticular site which relates to the use of coal or other alternate fuels as a primary energy source for such powerplant, such as— (A) inaccessibility to coal or other alter- nate fuels; (B) lack of transportation facilities for coal or other alternate fuels; (C) lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels; (D) lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of pollution con- trol equipment or devices necessary to as- sure compliance with applicable environ- mental requirements; and (E) lack of an adequate and reliable supply of water, including water for use in compli- ance with applicable environmental require- ments. (17) The term ‘‘applicable environmental re- quirements’’ includes— (A) any standard, limitation, or other re- quirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applica- ble to emissions of environmental pollutants (including air and water pollutants) or dis- posal of solid waste residues resulting from the use of coal or other alternate fuels or natural gas or petroleum as a primary en- ergy source or from the operation of pollu- tion control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and Page 7587 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8302 1 So in original. Probably should be capitalized. (B) any other standard, limitation, or other requirement established by, or pursu- ant to, the Clean Air Act [42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.], or the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (18)(A) The term ‘‘peakload powerplant’’ means a powerplant the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such power- plant’s design capacity multiplied by 1,500 hours. (B) The term ‘‘intermediate load power- plant’’ means a powerplant (other than a peak- load powerplant), the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such power- plant’s design capacity multiplied by 3,500 hours. (C) The term ‘‘base load powerplant’’ means a powerplant the electrical generation of which in kilowatt hours exceeds, for any 12- calendar-month period, such powerplant’s de- sign capacity multiplied by 3,500 hours. (D) Not later than 90 days after November 9, 1978, the Federal Energy Regulatory Commis- sion shall prescribe rules under which a power- plant’s design capacity may be determined for purposes of this paragraph. (19) the 1 term ‘‘cogeneration facility’’ means an electric powerplant which produces— (A) electric power; and (B) any other form of useful energy (such as steam, gas, or heat) which is, or will be, used for industrial, commercial, or space heating purposes. (20) The term ‘‘cost’’, unless the context in- dicates otherwise, means total costs (both op- erating and capital) incurred over the esti- mated remaining useful life of an electric pow- erplant, discounted to present value, as deter- mined by the Secretary (in the case of power- plants, in consultation with the State regu- latory authorities). In the case of an electric powerplant, such costs shall take into account any change required in the use of existing electric powerplants in the relevant dis- patching system and other economic factors which are included in planning for the produc- tion, transmission, and distribution of electric power within such system. (21) The term ‘‘State regulatory authority’’ means any State agency which has rate- making authority with respect to the sale of electricity by any State regulated electric utility. (22) The term ‘‘air pollution control agency’’ has the same meaning as given such term by section 302(b) of the Clean Air Act [42 U.S.C. 7602(b)]. (23) The term ‘‘electric utility’’ means any person, including any affiliate, or Federal agency which sells electric power. (24) The term ‘‘affiliate’’, when used in rela- tion to a person, means another person which controls, is controlled by, or is under common control with, such person. (25) The term ‘‘Federal agency’’ means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not in- clude— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; and (D) the government of the District of Co- lumbia. (26) The term ‘‘Btu’’ means British thermal unit. (27) the term ‘‘Mcf’’ means, when used in re- lation to natural gas, 1,000 cubic feet of nat- ural gas. (28) The term ‘‘mixture’’, when used in rela- tion to fuels used in a unit, means a mixture of such fuels or a combination of such fuels used simultaneously or alternately in such unit. (29) The term ‘‘fluidized bed combustion’’ means combustion of fuel in connection with a bed of inert material, such as limestone or do- lomite, which is held in a fluid-like state by the means of air or other gases being passed through such materials. (b) Special rules relating to definitions of natural gas and alternate fuel (1) Subject to paragraph (2), natural gas which is to be used by a powerplant shall for purposes of this chapter (other than this subsection), be excluded from the definition of ‘‘natural gas’’ under subsection (a)(3)(B)(iii) and shall be in- cluded within the definition of ‘‘alternate fuel’’ under subsection (a)(6) if the person proposing to use such natural gas certifies to the Secretary (together with such supporting documents as the Secretary may require) that— (A) such person owns, or is entitled to re- ceive, at the point of manufacture, synthetic gas derived from coal or another alternate fuel; (B) the Btu content of such synthetic gas is equal to, or greater than, the Btu content of the natural gas to be covered by this sub- section by reason of such certification, plus the approximate Btu content of any natural gas consumed or lost in transportation; (C) such person delivers, or arranges for the delivery of, such synthetic gas to a pipeline or pipelines which by transport or displacement are capable of delivering such synthetic gas, mixed with natural gas, to such person; and (D) all necessary permits, licenses, or ap- provals from appropriate Federal, State, and local agencies (including Indian tribes) have been obtained for construction and operation of the facilities for the manufacture of the synthetic gas involved. (2) The application of paragraph (1) with re- spect to the use of natural gas by any power- plant shall be conditioned on the person using such natural gas submitting to the Secretary a report not later than one year after certification is made under paragraph (1), and annually there- after, containing the following information: (A) the source, amount, quality, and point of delivery to the pipeline of the synthetic gas to Page 7588 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8303 which paragraph (1) applied during the annual period ending with the calendar month pre- ceding the date of such report; and (B) the amount, quality, and point of deliv- ery by the pipeline to such person of the nat- ural gas covered by paragraph (1) which is used by the person during such annual period. (3) Repealed. Pub. L. 100–42, § 1(c)(2)(H), May 21, 1987, 101 Stat. 310. (4) For purposes of this subsection, the term ‘‘pipeline’’ means any interstate or intrastate pipeline or local distribution company. (Pub. L. 95–620, title I, § 103, Nov. 9, 1978, 92 Stat. 3292; Pub. L. 100–42, § 1(c)(2), May 21, 1987, 101 Stat. 310.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and In- dustrial Fuel Use Act of 1978, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. The Clean Air Act, referred to in subsec. (a)(17)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (a)(17)(B), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Solid Waste Disposal Act, referred to in subsec. (a)(17)(B), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(17)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. AMENDMENTS 1987—Subsec. (a)(13)(B)(ii). Pub. L. 100–42, § 1(c)(2)(A), inserted ‘‘and’’ at end of subcl. (I), substituted period for ‘‘; or’’ at end of subcl. (II), and struck out subcl. (III) which read as follows: ‘‘in the case of a major fuel- burning installation, without incurring significant operational detriment of the unit (as determined by the Secretary).’’ Subsec. (a)(15). Pub. L. 100–42, § 1(c)(2)(B), struck out ‘‘or major fuel-burning installation’’ after ‘‘electric powerplant’’. Subsec. (a)(16). Pub. L. 100–42, § 1(c)(2)(C), struck out ‘‘or installation’’ after ‘‘any powerplant’’ in introduc- tory provisions and after ‘‘such powerplant’’ in intro- ductory provisions and subpar. (D). Subsec. (a)(19). Pub. L. 100–42, § 1(c)(2)(D), struck out ‘‘or a major fuel-burning installation’’ after ‘‘electric powerplant’’. Subsec. (a)(20). Pub. L. 100–42, § 1(c)(2)(E), struck out ‘‘or major fuel-burning installation’’ after ‘‘life of an electric powerplant’’. Subsec. (b)(1). Pub. L. 100–42, § 1(c)(2)(F), struck out ‘‘or major fuel-burning installation’’ after ‘‘used by a powerplant’’ in introductory provisions. Subsec. (b)(1)(D). Pub. L. 100–42, § 1(c)(2)(G), sub- stituted a period for ‘‘, except that for purposes of the prohibition under section 8311(2) of this title against powerplants being constructed without the capability of using coal or another alternate fuel, only permits, li- censes, and approvals for the construction of such syn- thetic gas facilities shall be required under this sub- paragraph to be certified and documented.’’ Subsec. (b)(2). Pub. L. 100–42, § 1(c)(2)(F), struck out ‘‘or major fuel-burning installation’’ after ‘‘by any powerplant’’ in introductory provisions. Subsec. (b)(3). Pub. L. 100–42, § 1(c)(2)(H), struck out par. (3) which read as follows: ‘‘In the case of any boiler subject to a prohibition under section 8371 of this title, the preceding provisions of this subsection shall apply with respect to such boiler to the same extent and in the same manner as they apply in the case of major fuel-burning installations.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 8303. Territorial application The provisions of this chapter shall only apply within the contiguous 48 States and the District of Columbia. (Pub. L. 95–620, title I, § 104, Nov. 9, 1978, 92 Stat. 3298; Pub. L. 100–42, § 1(c)(3), May 21, 1987, 101 Stat. 311.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables. AMENDMENTS 1987—Pub. L. 100–42 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of this chapter shall apply in all the States, Puerto Rico, and the territories and possessions of the United States, except that— ‘‘(1) the provisions of subchapters II and III of this chapter (other than section 8341 of this title) shall only apply to powerplants and installations situated within the contiguous 48 States, Alaska, and the Dis- trict of Columbia; and ‘‘(2) the provisions of section 8341 of this title shall only apply to powerplants situated within the contig- uous 48 States and the District of Columbia.’’ SUBCHAPTER II—NEW FACILITIES PART A—PROHIBITIONS § 8311. Coal capability of new electric power- plants; 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 power- plant without the capability to use coal or an- other 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—