42 U.S.C. § 8303 — Territorial application

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 (3) Repealed.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—