42 U.S.C. § 8472 — Effect of orders under section 792 of title

Page 7615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8472 (Pub. L. 95–620, title VII, § 747, Nov. 9, 1978, 92 Stat. 3344.) 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. The effective date of this chapter, referred to in text, is the effective date of Pub. L. 95–620. See section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. PART F—APPROPRIATIONS AUTHORIZATION § 8461. Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 1979 $11,900,000, to carry out the provisions of this chapter (other than provisions for which an appropriations author- ization is otherwise expressly provided in this chapter) and section 792 of title 15. (Pub. L. 95–620, title VII, § 751, Nov. 9, 1978, 92 Stat. 3344.) 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. PART G—COORDINATION WITH OTHER PROVISIONS OF LAW § 8471. Effect on environmental requirements (a) Compliance with applicable environmental requirements Except as provided in section 8374 of this title, nothing in this chapter shall be construed as permitting any existing or new electric power- plant to delay or avoid compliance with applica- ble environmental requirements. (b) Local environmental requirements In the case of any new or existing facility— (1) which is subject to any prohibition under this chapter, and (2) which is also subject to any requirement of any local environmental requirement which may be stricter than any Federal or State en- vironmental requirement, the existence of such local requirement shall not be construed to affect the validity or applica- bility of such prohibition to such facility, except to the extent provided under section 8322(b) or section 8352(b) of this title; and the existence of such prohibition shall not be construed to pre- empt such local requirement with respect to that facility. (Pub. L. 95–620, title VII, § 761, Nov. 9, 1978, 92 Stat. 3345; Pub. L. 100–42, § 1(c)(23), May 21, 1987, 101 Stat. 314.) 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. AMENDMENTS 1987—Subsec. (a). Pub. L. 100–42 struck out ‘‘or major fuel-burning installation’’ after ‘‘powerplant’’. § 8472. Effect of orders under section 792 of title 15 (a) Effect of construction orders Any electric powerplant or major fuel-burning installation issued an order pursuant to section 792(c) of title 15 that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section 792(c) or any other provision of this chapter, be subject to the pro- visions of this chapter as if it were a new elec- tric powerplant or new major fuel-burning in- stallation, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant or installation. (b) Effect of prohibition orders The provisions of subchapters II and III shall not apply to any powerplant or installation for which an order issued pursuant to section 792(a) of title 15 before the effective date of this chap- ter is pending or final or which, on review, was held unlawful and set aside on the merits; ex- cept that any installation issued such an order under such section 792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III (as the case may be) rather than such section 792. Such an elec- tion shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary pre- scribes the form and manner of making such election. (c) Validity of orders The preceding provisions of this chapter shall not affect the validity of any order issued under subsection (a), or any final order under sub- section (c), of section 792 of title 15, and the au- thority of the Secretary to amend, repeal, re- scind, modify, or enforce any such order, or rules applicable thereto, shall remain in effect notwithstanding any limitation of time other- wise applicable to such authority. Except as pro- vided in this section, the authority of the Sec- retary under section 792 of title 15 shall termi- nate on the effective date of this chapter. (Pub. L. 95–620, title VII, § 762(a)–(c), Nov. 9, 1978, 92 Stat. 3345.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in text, is the effective date of Pub. L. 95–620. See section 901 of Page 7616 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8473 1 So in original. Probably should be ‘‘section’’. Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. 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. § 8473. Environmental impact statements under section 4332 of this title The following actions are not deemed to be major Federal actions for purposes of section 4332(2)(C) of this title: (1) the grant or denial of any temporary ex- emption under this chapter for any electric powerplant; (2) the grant or denial of any permanent ex- emption under this chapter for any existing electric powerplant, other than an exemp- tion— (A) under section 8352(c) of this title, relat- ing to cogeneration; (B) Repealed. Pub. L. 100–42, § 1(c)(24)(B), May 21, 1987, 101 Stat. 314; (C) under section 8352(b) of this title, relat- ing to certain State or local requirements; (D) under section 8352(g) of this title, re- lating to certain intermediate load power- plants; and (3) the grant or denial of any exemption under this chapter for any powerplant for which the Secretary finds, in consultation with the appropriate Federal agency, and pub- lishes such finding that an environmental im- pact statement is required in connection with another Federal action and such statement will be prepared by such agency and will re- flect the exemption adequately. Except as provided in the preceding provisions of this section, any determination of what con- stitutes or does not constitute a major Federal action shall be made under section 4332 of this title. (Pub. L. 95–620, title VII, § 763, Nov. 9, 1978, 92 Stat. 3346; Pub. L. 100–42, § 1(c)(24), May 21, 1987, 101 Stat. 314.) 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—Par. (1). Pub. L. 100–42, § 1(c)(24)(A), struck out ‘‘or major fuel-burning installation’’ after ‘‘power- plant’’. Par. (2). Pub. L. 100–42, § 1(c)(24), struck out ‘‘or major fuel-burning installation’’ after ‘‘powerplant’’ and struck out subpar. (B) which read as follows: ‘‘under section 8352(l) of this title, relating to scheduled equip- ment outages;’’. Par. (3). Pub. L. 100–42, § 1(c)(24)(A), struck out ‘‘or major fuel-burning installation’’ after ‘‘powerplant’’. SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS § 8481. Repealed. Pub. L. 100–42, § 1(a)(7), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title VIII, § 801, Nov. 9, 1978, 92 Stat. 3346, required annual disclosure of extent, charac- teristics, and productive capacity of coal reserves, and of interests held therein, with discretionary exception for small reserves, and publication of such information by Secretary. § 8482. Repealed. Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716 Section, Pub. L. 95–620, title VIII, § 806, Nov. 9, 1978, 92 Stat. 3348, directed Secretary of Energy to submit an- nual report to Congress on actions already taken and actions to be taken under this chapter and under sec- tion 792 of title 15. § 8483. Submission of reports Copies of any report required by this chapter to be submitted to the Congress shall be sepa- rately submitted to the Committee on Inter- state and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (Pub. L. 95–620, title VIII, § 807, Nov. 9, 1978, 92 Stat. 3348.) 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interstate and Foreign Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives imme- diately prior to noon on Jan. 3, 1981, by House Resolu- tion No. 549, Ninety-sixth Congress, Mar. 25, 1980. Com- mittee on Energy and Commerce of House of Represent- atives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdic- tion over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Con- gress, Jan. 3, 2001. § 8484. Electric utility conservation plan (a) Applicability An electric utility is subject to this sub- section 1 if— (1) the utility owns or operates any existing electric powerplant in which natural gas was used as a primary energy source at any time during the 1-year period ending on August 13, 1981, and