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

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 source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after ex- amining the basis for the certification, the Sec- retary concurs with the certification, the Sec- retary may prohibit, in accordance with section 8343(a) of this title, the use of petroleum or nat- ural 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 effi- ciency of such mixture. (d) Amendment of subsection (a) and (c) certifi- cations 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 ac- count changes in relevant facts and cir- cumstances; 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. (Pub. L. 95–620, title III, § 301, as added Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.) Editorial Notes PRIOR PROVISIONS A prior section 8341, Pub. L. 95–620, title III, § 301, Nov. 9, 1978, 92 Stat. 3305, related to existing electric powerplants, prior to repeal by Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 6240 of this title. VALIDITY OF ORDERS UNDER FORMER PROVISIONS OF THIS SECTION Pub. L. 97–35, title X, § 1022, Aug. 13, 1981, 95 Stat. 616, provided that: ‘‘(a) The amendments made by section 1021 to section 301(b) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs. (b) and (c) of this section] shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(b) or (c) of such Act before the date of the enactment of this Act [Aug. 13, 1981]. ‘‘(b) Any electric powerplant issued a proposed order under section 301(b) or (c) of such Act which is pending on the date of the enactment of this Act may elect not to have the amendments made by section 1021 to such section 301(b) or (c) apply with respect to that power- plant. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary of Energy shall, within 45 days after the date of the enact- ment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary of Energy prescribes the form and manner of making such election. ‘‘(c)(1) The amendments made by section 1021 shall not affect the validity of any final order issued under section 301(b) or (c) of the Powerplant and Industrial Fuel Use Act of 1978 before the date of the enactment of this Act. ‘‘(2) The validity of any proposed order issued under such section 301(b) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (b). ‘‘(3) The authority of the Secretary of Energy to amend, repeal, rescind, modify, or enforce any order re- ferred to in paragraph (1) or (2), or rules applicable thereto, shall remain in effect notwithstanding any such amendments.’’ § 8342. Repealed. Pub. L. 100–42, § 1(a)(2), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title III, § 302, Nov. 9, 1978, 92 Stat. 3306, authorized Secretary to prohibit use of pe- troleum or natural gas as primary energy source in ex- isting major fuel-burning installations having coal or alternate fuel capability and, in installations in which mixtures of petroleum or natural gas and coal or other alternate fuels are found feasible, to prohibit excessive use of petroleum or natural gas in such mixtures. § 8343. Rules relating to case-by-case and cat- egory prohibitions (a) Case-by-case prohibitions (1) Except to the extent authorized by sub- section (b), the Secretary shall prohibit any powerplant from using natural gas or petroleum under the authority granted him under section 8341(b) or (c) of this title only by means of a final order issued by him which shall be limited to the particular powerplant involved. (2) The Secretary may issue such a final order only with respect to a powerplant which is not,