
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8301]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 8301. Findings; statement of purposes


(a) Findings

    The Congress finds that--
        (1) the protection of public health and welfare, the 
    preservation of national security, and the regulation of interstate 
    commerce require the establishment of a program for the expended \1\ 
    use, consistent with applicable environmental requirements, of coal 
    and other alternate fuels as primary energy sources for existing and 
    new electric powerplants; and
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    \1\ So in original. Probably should be ``expanded''.
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        (2) the purposes of this chapter are furthered in cases in which 
    coal or other alternate fuels are used by electric powerplants, 
    consistent with applicable environmental requirements, as primary 
    energy sources in lieu of natural gas or petroleum.

(b) Statement of purposes

    The purpose \2\ of this chapter, which shall be carried out in a 
manner consistent with applicable environmental requirements, are--
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    \2\ So in original. Probably should be ``purposes''.
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        (1) to reduce the importation of petroleum and increase the 
    Nation's capability to use indigenous energy resources of the United 
    States to the extent such reduction and use further the goal of 
    national energy self-sufficiency and otherwise are in the best 
    interests of the United States;
        (2) to encourage and foster the greater use of coal and other 
    alternate fuels, in lieu of natural gas and petroleum, as a primary 
    energy source;
        (3) to the extent permitted by this chapter, to encourage the 
    use of synthetic gas derived from coal or other alternate fuels;
        (4) to encourage the rehabilitation and upgrading of railroad 
    service and equipment necessary to transport coal to regions or 
    States which can use coal in greater quantities;
        (5) to encourage the modernization or replacement of existing 
    and new electric powerplants which utilize natural gas or petroleum 
    as a primary energy source and which cannot utilize coal or other 
    alternate fuels where to do so furthers the conservation of natural 
    gas and petroleum;
        (6) to require that existing and new electric powerplants which 
    utilize natural gas, petroleum, or coal or other alternate fuels 
    pursuant to this chapter comply with applicable environmental 
    requirements;
        (7) to insure that all Federal agencies utilize their 
    authorities fully in furtherance of the purposes of this chapter by 
    carrying out programs designed to prohibit or discourage the use of 
    natural gas and petroleum as a primary energy source and by taking 
    such actions as lie within their authorities to maximize the 
    efficient use of energy and conserve natural gas and petroleum in 
    programs funded or carried out by such agencies;
        (8) to insure that adequate supplies of natural gas are 
    available for essential agricultural uses (including crop drying, 
    seed drying, irrigation, fertilizer production, and production of 
    essential fertilizer ingredients for such uses);
        (9) to reduce the vulnerability of the United States to energy 
    supply interruptions; and
        (10) to regulate interstate commerce.

(Pub. L. 95-620, title I, Sec. 102, Nov. 9, 1978, 92 Stat. 3291; Pub. L. 
100-42, Sec. 1(c)(1), May 21, 1987, 101 Stat. 310.)

                       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, as amended, known 
as the Powerplant and Industrial Fuel Use Act of 1978, which enacted 
this chapter, amended sections 6211 and 7193 of this title, section 796 
of Title 15, Commerce and Trade, section 1202 of Title 19, Customs 
Duties, sections 821, 822, and 825 of Title 45, Railroads, and section 
26b of former Title 49, Transportation, and enacted provisions set out 
as notes under this section and section 822 of Title 45. For complete 
classification of this Act to the Code, see Short Title note set out 
below and Tables.


                               Amendments

    1987--Subsec. (a)(1), (2). Pub. L. 100-42, Sec. 1(c)(1)(A), struck 
out ``and major fuel-burning installations'' after ``electric 
powerplants''.
    Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(1)(B), redesignated par. 
(3) as (2) and struck out former par. (2) relating to conservation of 
natural gas and petroleum for uses for which there are no alternatives.
    Subsec. (b)(3), (4). Pub. L. 100-42, Sec. 1(c)(1)(B), redesignated 
pars. (4) and (5) as (3) and (4), respectively. Former par. (3) 
redesignated (2).
    Subsec. (b)(5). Pub. L. 100-42, Sec. 1(c)(1), redesignated par. (7) 
as (5) and struck out ``and major fuel-burning installations'' after 
``electric powerplants''. Former par. (5) redesignated (4).
    Subsec. (b)(6). Pub. L. 100-42, Sec. 1(c)(1), redesignated par. (8) 
as (6) and struck out ``and major fuel-burning installations'' after 
``electric powerplants'', and struck out former par. (6) which related 
to prohibition or minimization of use of natural gas and petroleum as a 
primary energy source.
    Subsec. (b)(7) to (10). Pub. L. 100-42, Sec. 1(c)(1)(B), 
redesignated former pars. (9) to (12) as (7) to (10), respectively. 
Former pars. (7) and (8) redesignated (5) and (6), respectively.


                             Effective Date

    Section 901 of Pub. L. 95-620 provided that: ``Unless otherwise 
provided in this Act [see Short Title note set out below] the provisions 
of this Act shall take effect 180 days after the date of the enactment 
of this Act [Nov. 9, 1978], except that the Secretary may issue rules 
pursuant to such provisions at any time after such date of enactment, 
which rules may take effect no earlier than 180 days after such date of 
enactment.''


                               Short Title

    Section 101(a) of Pub. L. 95-620 provided that: ``This Act [enacting 
this chapter, amending sections 6211 and 7193 of this title, section 796 
of Title 15, Commerce and Trade, section 1202 of Title 19, Customs 
Duties, sections 821, 822 and 825 of Title 45, Railroads, and section 
26b of former Title 49, Transportation, and enacting provisions set out 
as notes under this section and section 822 of Title 45] may be cited as 
the `Powerplant and Industrial Fuel Use Act of 1978'.''


   Exemption for Certain Electric Powerplants and Temporary Exemption 
   Issued Under Section 8321(d) as Effective Prior to 180 Days After 
                            November 9, 1978

    Section 902 of Pub. L. 95-620 provided that:
    ``(a) Exemptions in the Case of Certain Powerplants.--In the case 
of--
        ``(1) any electric powerplant which, as of April 20, 1977, has 
    received a final decision from the appropriate State agency 
    authorizing the construction of such powerplant, and
        ``(2) any electric powerplant (A) consisting of one or more 
    combined cycle units owned or operated by an electric utility which 
    serves at least 2,000,000 customers and (B) for which an application 
    has been filed for at least one year before the date of the 
    enactment of this Act [Nov. 9, 1978] with the appropriate State 
    agency for authorization to construct such powerplant,
the Secretary may receive, consider, and grant (or deny) any petition 
for an exemption under title II or III [subchapters II and III of this 
chapter] notwithstanding section 901 [section 901 of Pub. L. 95-620, set 
out as a note above] or the fact that all rules related to such petition 
have not been prescribed at the time.
    ``(b) Exemptions Under Section 211(d).--The Secretary may receive, 
consider, and grant (or deny) any petition for any exemption under 
section 211(d) [section 8321(d) of this title] notwithstanding section 
901 [section 901 of Pub. L. 95-620, set out as a note above], or the 
fact that all rules related to such petition have not been prescribed at 
the time.''
