42 U.S.C. § 8301 — Findings; statement of purposes

Page 7583 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8301 1 So in original. Probably should be ‘‘expanded’’. 2 So in original. Probably should be ‘‘purposes’’. Editorial Notes REFERENCES IN TEXT The Energy Policy Act of 1992, referred to in text, is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. For com- plete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. CODIFICATION Section was enacted as part of Department of the In- terior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the National Energy Conservation Policy Act which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1582. CHAPTER 92—POWERPLANT AND INDUSTRIAL FUEL USE SUBCHAPTER I—GENERAL PROVISIONS Sec. 8301. Findings; statement of purposes. 8302. Definitions. 8303. Territorial application. SUBCHAPTER II—NEW FACILITIES PART A—PROHIBITIONS 8311. Coal capability of new electric powerplants; certification of compliance. 8312. Repealed. PART B—EXEMPTIONS 8321. Temporary exemptions. 8322. Permanent exemptions. 8323. General requirements for exemptions. 8324. Terms and conditions; compliance plans. SUBCHAPTER III—EXISTING FACILITIES PART A—PROHIBITIONS 8341. Existing electric powerplants. 8342. Repealed. 8343. Rules relating to case-by-case and category prohibitions. PART B—EXEMPTIONS 8351. Temporary exemptions. 8352. Permanent exemptions. 8353. General requirements for exemptions. 8354. Terms and conditions; compliance plans. SUBCHAPTER IV—ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES 8371, 8372. Repealed. 8373. Conservation in Federal facilities, contracts, and financial assistance programs. 8374. Emergency authorities. 8375. Repealed. SUBCHAPTER V—SYSTEM COMPLIANCE OPTION 8391. Repealed. SUBCHAPTER VI—FINANCIAL ASSISTANCE 8401. Assistance to areas impacted by increased coal or uranium production. 8401a. ‘‘Local government’’ defined. 8402. Loans to assist powerplant acquisitions of air pollution control equipment. SUBCHAPTER VII—ADMINISTRATION AND ENFORCEMENT PART A—PROCEDURES 8411. Administrative procedures. Sec. 8412. Judicial review. PART B—INFORMATION AND REPORTING 8421. Information. 8422. Compliance report. PART C—ENFORCEMENT 8431. Notice of violation; other general provisions. 8432. Criminal penalties. 8433. Civil penalties. 8434. Injunctions and other equitable relief. 8435. Citizens suits. PART D—PRESERVATION OF CONTRACTUAL RIGHTS 8441. Preservation of contractual interest. PART E—STUDIES 8451. National coal policy study. 8452. Repealed. 8453. Impact on employees. 8454. Study of compliance problem of small elec- tric utility systems. 8455. Repealed. 8456. Socioeconomic impacts of increased coal pro- duction and other energy development. 8457. Use of petroleum and natural gas in combus- tors. PART F—APPROPRIATIONS AUTHORIZATION 8461. Authorization of appropriations. PART G—COORDINATION WITH OTHER PROVISIONS OF LAW 8471. Effect on environmental requirements. 8472. Effect of orders under section 792 of title 15. 8473. Environmental impact statements under sec- tion 4332 of this title. SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS 8481, 8482. Repealed. 8483. Submission of reports. 8484. Electric utility conservation plan. SUBCHAPTER I—GENERAL PROVISIONS § 8301. Findings; statement of purposes (a) Findings The Congress finds that— (1) the protection of public health and wel- fare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the ex- pended 1 use, consistent with applicable envi- ronmental requirements, of coal and other al- ternate fuels as primary energy sources for ex- isting 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 2 of this chapter, which shall be carried out in a manner consistent with applica- ble environmental requirements, are— (1) to reduce the importation of petroleum and increase the Nation’s capability to use in- digenous energy resources of the United 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.