42 U.S.C. § 8422 — Compliance report

Page 7607 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8422 (c) Judicial review (1) Any person aggrieved by any final rule or order referred to in subsection (a) or in section 8374 of this title, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of busi- ness, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Sec- retary thereupon shall file in the court the writ- ten submissions to, and transcript of, the writ- ten or oral proceedings on which the rule or order was based as provided in section 2112 of title 28. (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdic- tion to review the rule, order, or denial in ac- cordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be af- firmed unless supported by substantial evidence. (3) The judgment of the court affirming or set- ting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (4) Subject to the direction and control of the Attorney General, as provided in section 519 of title 28, attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with section 7192(c) of this title. (Pub. L. 95–620, title VII, § 702, Nov. 9, 1978, 92 Stat. 3331.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. PART B—INFORMATION AND REPORTING § 8421. Information (a) Authority of Secretary For purposes of carrying out his responsibil- ities under this chapter, the Secretary may re- quire, under the authority of this chapter or any other authority administered by him, any per- son owning, operating or controlling any elec- tric powerplant, or any other person otherwise subject to this chapter to submit such informa- tion and reports of any kind or nature directly to the Secretary necessary to implement the provisions of this chapter, and insure compli- ance with the provisions of this chapter, and any rule or order thereunder. The provisions of sec- tion 796(d) of title 15 shall apply with respect to information obtained under this section to the same extent and in the same manner as it ap- plies with respect to energy information ob- tained under section 796 of title 15. (b) Authority of President and Federal Energy Regulatory Commission In the case of responsibilities expressly given by this chapter to the President or the Federal Energy Regulatory Commission, subsection (a) shall be applied as if the references to the Sec- retary were references to the President or the Federal Energy Regulatory Commission, as the case may be. (c) Natural gas usage by electric utilities (1) For purposes of section 8374(b) of this title and other emergency authorities, the Secretary shall obtain data necessary to determine— (A) within 6 months after August 13, 1981, the total quantities of natural gas used as a primary energy source by each electric utility during calendar year 1977, and (B) on a semiannual basis, the total quan- tities of natural gas used as a primary energy source during the previous 6-month period by each electric utility. (2) Repealed. Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716. (Pub. L. 95–620, title VII, § 711, Nov. 9, 1978, 92 Stat. 3332; Pub. L. 97–35, title X, § 1021(b), Aug. 13, 1981, 95 Stat. 615; Pub. L. 100–42, § 1(c)(17), May 21, 1987, 101 Stat. 313; Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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 1995—Subsec. (c)(2). Pub. L. 104–66 struck out par. (2) which read as follows: ‘‘The Secretary shall include in each annual report to the Congress under section 8482 of this title a summary of information received by the Secretary under this subsection.’’ 1987—Subsec. (a). Pub. L. 100–42 struck out ‘‘or major fuel-burning installation’’ after ‘‘powerplant’’. 1981—Subsec. (c). Pub. L. 97–35 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. § 8422. Compliance report (a) Generally Any person owning, operating, or proposing to operate one or more existing electric power- plants required to come into compliance with the prohibitions of this chapter shall on or be- fore January 1, 1980, and annually thereafter, submit to the Secretary a report identifying all such existing electric powerplants owned or op- erated by such person. Such report shall— (1) set forth the anticipated schedule for compliance with the applicable requirements Page 7608 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8431 and prohibitions by each such electric power- plant; (2) indicate proposed or existing contracts or other commitments or good faith negotiations for such contracts or commitments for coal or another alternate fuel, equipment, or com- binations thereof, which would enable such powerplant to comply with such prohibitions; and (3) identify those electric powerplants, if any, for which application for temporary or permanent exemption from the prohibitions of this chapter may be filed. (b) Report on implementation of section 8484 plan Any electric utility required to submit a con- servation plan under section 8484 of this title shall annually submit to the Secretary a report identifying the steps taken during the preceding year to implement such plan. (Pub. L. 95–620, title VII, § 712, Nov. 9, 1978, 92 Stat. 3332; Pub. L. 97–35, title X, § 1023(b), Aug. 13, 1981, 95 Stat. 617.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Indus- trial 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 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. PART C—ENFORCEMENT § 8431. Notice of violation; other general provi- sions (a) Notice of violation (1) Whenever, on the basis of any information available, the Secretary finds that any person is in violation of any provision of this chapter, or any rule or order thereunder, the Secretary shall issue notice of such violation. Any notice issued under this subsection shall be in writing and shall state with reasonable specificity the nature of the violation. (2) Paragraph (1) shall not be construed to re- lieve any person of liability under the other pro- visions of this chapter for any act or omission occurring before the issuance of notice. (b) Individual liability of corporate personnel Any individual director, officer, or agent of a corporation who willfully authorizes, orders, or performs any of the acts or practices consti- tuting in whole or in part a violation of this chapter, or any rule or order thereunder, shall be subject to penalties under this section with- out regard to any penalties to which the cor- poration may be subject, except that no such in- dividual director, officer, or agent shall be sub- ject to imprisonment under section 8432 of this title, unless he also knew of noncompliance by the corporation or had received from the Sec- retary notice of noncompliance by the corpora- tion. (c) Repealed. Pub. L. 100–42, § 1(c)(18), May 21, 1987, 101 Stat. 313 (d) Federal agencies The provisions of sections 8432 and 8433 of this title shall not be construed to apply to any Fed- eral agency or officer or employee thereof act- ing in his official capacity. (Pub. L. 95–620, title VII, § 721, Nov. 9, 1978, 92 Stat. 3333; Pub. L. 100–42, § 1(c)(18), May 21, 1987, 101 Stat. 313.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. (c). Pub. L. 100–42 struck out subsec. (c) which read as follows: ‘‘No person shall be subject to any penalty under this part with respect to the oper- ation of any powerplant in excess of that allowed by an exemption granted on the basis of the operation of such powerplant as a peakload powerplant if it is dem- onstrated to the Secretary that such operation was necessary to meet peakload demand and that other peakload powerplants within the same system as such powerplant— ‘‘(1) were unavailable for service— ‘‘(A) due to unit or system outages; or ‘‘(B) because operation of such other powerplants would result in their exceeding the hours of oper- ation allowed under an exemption; and ‘‘(2) have not been operated other than to meet peakload demand.’’ § 8432. Criminal penalties Any person who willfully violates any provi- sion of this chapter, or any rule or order there- under, shall be subject to a fine of not more than $50,000, or to imprisonment for not more than one year, or both, for each violation. (Pub. L. 95–620, title VII, § 722, Nov. 9, 1978, 92 Stat. 3333; Pub. L. 100–42, § 1(c)(19), May 21, 1987, 101 Stat. 313.) 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 struck out ‘‘(other than section 8372 of this title)’’ after ‘‘this chapter’’.