42 U.S.C. § 8312 — Repealed.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 certification shall be effective to establish compliance with the requirement of subsection (a) as of the date it is filed with the Secretary. Within 15 days after receipt of a certification submitted pursu- ant to this paragraph, the Secretary shall pub- lish in the Federal Register a notice reciting that the certification has been filed. (2) The Secretary, within 60 days after the fil- ing of a certification under paragraph (1), may require the owner or operator of such power- plant to provide such supporting documents as may be necessary to verify the certification. (Pub. L. 95–620, title II, § 201, Nov. 9, 1978, 92 Stat. 3298; Pub. L. 100–42, § 1(c)(4)(A), May 21, 1987, 101 Stat. 311.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–42 substituted ‘‘Coal capability of new electric powerplants; certification of compliance’’ for ‘‘New electric powerplants’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Except to such extent as may be author- ized under part B— ‘‘(1) natural gas or petroleum shall not be used as a primary energy source in any new electric power- plant; and ‘‘(2) no new electric powerplant may be constructed without the capability to use coal or any other alter- nate fuel as a primary energy source.’’ § 8312. Repealed. Pub. L. 100–42, § 1(a)(1), May 21, 1987, 101 Stat. 310 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 pri- mary energy source in new major fuel-burning installa- tion consisting of a boiler, and authorized Secretary to prohibit nonboilers from using natural gas or petro- leum. PART B—EXEMPTIONS § 8321. Temporary exemptions (a) General exemption due to lack of alternate fuel supply, site limitations, or environ- mental requirements After consideration of a petition (and com- ments thereon) for an exemption for a power- plant from the prohibitions of part A, the Sec- retary shall, by order, grant an exemption under this subsection for the use of natural gas or pe- troleum, if he finds that the petitioner has dem- onstrated that for the period of the proposed ex- emption, 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 as- sociated 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 1 permit the location or operation of such a powerplant using coal or any other al- ternate fuel as a primary energy source; or (3) the prohibitions of section 8311 of this title 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 com- ments thereon) for an exemption for a power- plant from the prohibitions of part A, the Sec- retary shall, by order, grant an exemption under this subsection for the use of natural gas or pe- troleum, if he finds that the petitioner has dem- onstrated that— (1) the petitioner will comply with the prohi- bitions of part A by the end of the proposed ex- emption by the use of a synthetic fuel derived from coal or another alternate fuel; and (2) the petitioner is not able to comply with such prohibitions by the use of such synthetic fuel until the end of the proposed exemption. The effectiveness of an exemption under this subsection is conditioned on the petitioner filing and maintaining a compliance plan meeting the requirements of section 8324(b) of this title. (c), (d) Repealed. Pub. L. 100–42, § 1(c)(5)(E), May 21, 1987, 101 Stat. 312 (e) Duration of temporary exemptions (1) Except as provided in paragraph (2), exemp- tions under this section for any powerplant may