
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8302]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 8302. Definitions


(a) Generally

    Unless otherwise expressly provided, for the purposes of this 
chapter--
        (1) The term ``Secretary'' means the Secretary of Energy.
        (2) The term ``person'' means any (A) individual, corporation, 
    company, partnership, association, firm, institution, society, 
    trust, joint venture, or joint stock company, (B) any State, the 
    District of Columbia, Puerto Rico, and any territory or possession 
    of the United States, or (C) any agency or instrumentality 
    (including any municipality) thereof.
        (3)(A) Except as provided in subparagraph (B), the term 
    ``natural gas'' means any fuel consisting in whole or in part of--
            (i) natural gas;
            (ii) liquid petroleum gas;
            (iii) synthetic gas derived from petroleum or natural gas 
        liquids; or
            (iv) any mixture of natural gas and synthetic gas.

        (B) The term ``natural gas'' does not include--
            (i) natural gas which is commercially unmarketable (either 
        by reason of quality or quantity), as determined under rules 
        prescribed by the Secretary;
            (ii) natural gas produced by the user from a well the 
        maximum efficient production rate of which is less than 250 
        million Btu's per day;
            (iii) natural gas to the extent the exclusion of such gas is 
        provided for in subsection (b) of this section; or
            (iv) synthetic gas, derived from coal or other alternate 
        fuel, the heat content of which is less than 600 Btu's per cubic 
        foot at 14.73 pounds per square inch (absolute) and 60 degrees 
        Fahrenheit.

        (4) The term ``petroleum'' means crude oil and products derived 
    from crude oil, other than--
            (A) synthetic gas derived from crude oil;
            (B) liquid petroleum gas;
            (C) liquid, solid, or gaseous waste byproducts of refinery 
        operations which are commercially unmarketable, either by reason 
        of quality or quantity, as determined under rules prescribed by 
        the Secretary; or
            (D) petroleum coke or waste gases from industrial 
        operations.

        (5) The term ``coal'' means anthracite and bituminous coal, 
    lignite, and any fuel derivative thereof.
        (6) The term ``alternate fuel'' means electricity or any fuel, 
    other than natural gas or petroleum, and includes--
            (A) petroleum coke, shale oil, uranium, biomass, and 
        municipal, industrial, or agricultural wastes, wood, and 
        renewable and geothermal energy sources;
            (B) liquid, solid, or gaseous waste byproducts of refinery 
        or industrial operations which are commercially unmarketable, 
        either by reason of quality or quantity, as determined under 
        rules prescribed by the Secretary; and
            (C) waste gases from industrial operations.

        (7)(A) The terms ``electric powerplant'' and ``powerplant'' mean 
    any stationary electric generating unit, consisting of a boiler, a 
    gas turbine, or a combined cycle unit, which produces electric power 
    for purposes of sale or exchange and--
            (i) has the design capability of consuming any fuel (or 
        mixture thereof) at a fuel heat input rate of 100 million Btu's 
        per hour or greater; or
            (ii) is in a combination of two or more electric generating 
        units which are located at the same site and which in the 
        aggregate have a design capability of consuming any fuel (or 
        mixture thereof) at a fuel heat input rate of 250 million Btu's 
        per hour or greater.

        (B) For purposes of subparagraph (A), the term ``electric 
    generating unit'' does not include--
            (i) any electric generating unit subject to the licensing 
        jurisdiction of the Nuclear Regulatory Commission; and
            (ii) any cogeneration facility, less than half of the annual 
        electric power generation of which is sold or exchanged for 
        resale, as determined by the Secretary.

        (C) For purposes of clause (ii) of subparagraph (A), there shall 
    be excluded any unit which has a design capability to consume any 
    fuel (including any mixture thereof) that does not equal or exceed 
    100 million Btu's per hour and the exclusion of which for purposes 
    of such clause is determined by the Secretary, by rule, to be 
    appropriate.
        (8) The term ``new electric powerplant'' means--
            (A) any electric powerplant for which construction or 
        acquisition began on a date on or after November 9, 1978; and
            (B) any electric powerplant for which construction or 
        acquisition began on a date after April 20, 1977, and before 
        November 9, 1978, unless the Secretary finds the construction or 
        acquisition of such powerplant could not be canceled, 
        rescheduled, or modified to comply with the applicable 
        requirements of this chapter without--
                (i) adversely affecting electric system reliability (as 
            determined by the Secretary after consultation with the 
            Federal Energy Regulatory Commission and the appropriate 
            State authority), or
                (ii) imposing substantial financial penalty (as 
            determined under rules prescribed by the Secretary).

        (9)(A) The term ``existing electric powerplant'' means any 
    electric powerplant other than a new electric powerplant.
        (B) Any powerplant treated under this chapter as an existing 
    electric powerplant shall not be treated thereafter as a new 
    electric powerplant merely by reason of a transfer of ownership.
        (10)(A) The terms ``major fuel-burning installation'' and 
    ``installation'' means a stationary unit consisting of a boiler, gas 
    turbine unit, combined cycle unit, or internal combustion engine 
    which--
            (i) has a design capability of consuming any fuel (or 
        mixture thereof) at a fuel heat input rate of 100 million Btu's 
        per hour or greater; or
            (ii) is in a combination of two or more such units which are 
        located at the same site and which in the aggregate have a 
        design capability of consuming any fuel (or mixture thereof) at 
        a fuel heat input rate of 250 million Btu's per hour or greater.

        (B) The terms ``major fuel-burning installation'' and 
    ``installation'' do not include--
            (i) any electric powerplant; or
            (ii) any pump or compressor used solely in connection with 
        the production, gathering, transmission, storage, or 
        distribution of gases or liquids, but only if there is 
        certification to the Secretary of such use (in accordance with 
        rules prescribed by the Secretary).

        (C) For purposes of clause (ii) of subparagraph (A), there shall 
    be excluded any unit which has a design capability to consume any 
    fuel (including any mixture thereof) that does not equal or exceed 
    100 million Btu's per hour and the exclusion of which for purposes 
    of such clause is determined by the Secretary, by rule to be 
    appropriate.
        (11) The term ``new major fuel-burning installation'' means--
            (A) any major fuel-burning installation on which 
        construction or acquisition began on a date on or after November 
        9, 1978; and
            (B) any major fuel-burning installation on which 
        construction or acquisition began on a date after April 20, 
        1977, and before November 9, 1978, unless the Secretary finds 
        the construction or acquisition of such installation could not 
        be canceled, rescheduled, or modified to comply with applicable 
        requirements of this chapter without--
                (i) incurring significant operational detriment of the 
            unit (as determined by the Secretary); or
                (ii) imposing substantial financial penalty (as 
            determined under rules prescribed by the Secretary).

        (12)(A) The term ``existing major fuel-burning installation'' 
    means any installation which is not a new major fuel-burning 
    installation.
        (B) Such term does not include a major fuel-burning installation 
    for the extraction of mineral resources located--
            (i) on or above the Continental Shelf of the United States, 
        or
            (ii) on wetlands areas adjacent to the Continental Shelf of 
        the United States,

    where coal storage is not practicable or would produce adverse 
    effects on environmental quality.
        (C) Any installation treated as an existing major fuel-burning 
    installation shall not be treated thereafter as a new major fuel-
    burning installation merely by reason of a transfer of ownership.
        (13) The term ``construction or acquisition began'' means, when 
    used with reference to a certain date, that--
            (A) construction in accordance with final drawings or 
        equivalent design documents (as defined by the Secretary, by 
        rule) began on or after that date; or
            (B)(i) construction or acquisition had been contracted for 
        on or after that date, or (ii) if the construction or 
        acquisition had been contracted for before such date, such 
        construction or acquisition could be canceled, rescheduled, or 
        modified to comply with the applicable requirements of this 
        chapter--
                (I) without imposing substantial financial penalty, as 
            determined under rules prescribed by the Secretary; and
                (II) in the case of a powerplant, without adversely 
            affecting electric system reliability (as determined by the 
            Secretary after consultation with the Federal Energy 
            Regulatory Commission and the appropriate State authority).

        (14) The term ``construction'' means substantial onsite 
    construction or reconstruction, as defined by rule by the Secretary.
        (15) The term ``primary energy source'' means the fuel or fuels 
    used by any existing or new electric powerplant, except it does not 
    include, as determined under rules prescribed by the Secretary--
            (A) the minimum amounts of fuel required for unit ignition, 
        startup, testing, flame stabilization, and control uses, and
            (B) the minimum amounts of fuel required to alleviate or 
        prevent (i) unanticipated equipment outages and (ii) emergencies 
        directly affecting the public health, safety, or welfare which 
        would result from electric power outages.

        (16) The term ``site limitation'' means, when used with respect 
    to any powerplant, any specific physical limitation associated with 
    a particular site which relates to the use of coal or other 
    alternate fuels as a primary energy source for such powerplant, such 
    as--
            (A) inaccessibility to coal or other alternate fuels;
            (B) lack of transportation facilities for coal or other 
        alternate fuels;
            (C) lack of adequate land or facilities for the handling, 
        use, and storage of coal or other alternate fuels;
            (D) lack of adequate land or facilities for the control or 
        disposal of wastes from such powerplant, including lack of 
        pollution control equipment or devices necessary to assure 
        compliance with applicable environmental requirements; and
            (E) lack of an adequate and reliable supply of water, 
        including water for use in compliance with applicable 
        environmental requirements.

        (17) The term ``applicable environmental requirements'' 
    includes--
            (A) any standard, limitation, or other requirement 
        established by or pursuant to Federal or State law (including 
        any final order of any Federal or State court) applicable to 
        emissions of environmental pollutants (including air and water 
        pollutants) or disposal of solid waste residues resulting from 
        the use of coal or other alternate fuels or natural gas or 
        petroleum as a primary energy source or from the operation of 
        pollution control equipment in connection with such use, taking 
        into account any variance of law granted or issued in accordance 
        with Federal law or in accordance with State law to the extent 
        consistent with Federal law; and
            (B) any other standard, limitation, or other requirement 
        established by, or pursuant to, the Clean Air Act [42 U.S.C. 
        7401 et seq.], the Federal Water Pollution Control Act [33 
        U.S.C. 1251 et seq.], the Solid Waste Disposal Act [42 U.S.C. 
        6901 et seq.], or the National Environmental Policy Act of 1969 
        [42 U.S.C. 4321 et seq.].

        (18)(A) The term ``peakload powerplant'' means a powerplant the 
    electrical generation of which in kilowatt hours does not exceed, 
    for any 12-calendar-month period, such powerplant's design capacity 
    multiplied by 1,500 hours.
        (B) The term ``intermediate load powerplant'' means a powerplant 
    (other than a peakload powerplant), the electrical generation of 
    which in kilowatt hours does not exceed, for any 12-calendar-month 
    period, such powerplant's design capacity multiplied by 3,500 hours.
        (C) The term ``base load powerplant'' means a powerplant the 
    electrical generation of which in kilowatt hours exceeds, for any 
    12-calendar-month period, such powerplant's design capacity 
    multiplied by 3,500 hours.
        (D) Not later than 90 days after November 9, 1978, the Federal 
    Energy Regulatory Commission shall prescribe rules under which a 
    powerplant's design capacity may be determined for purposes of this 
    paragraph.
        (19) the \1\ term ``cogeneration facility'' means an electric 
    powerplant which produces--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be capitalized.
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            (A) electric power; and
            (B) any other form of useful energy (such as steam, gas, or 
        heat) which is, or will be, used for industrial, commercial, or 
        space heating purposes.

        (20) The term ``cost'', unless the context indicates otherwise, 
    means total costs (both operating and capital) incurred over the 
    estimated remaining useful life of an electric powerplant, 
    discounted to present value, as determined by the Secretary (in the 
    case of powerplants, in consultation with the State regulatory 
    authorities). In the case of an electric powerplant, such costs 
    shall take into account any change required in the use of existing 
    electric powerplants in the relevant dispatching system and other 
    economic factors which are included in planning for the production, 
    transmission, and distribution of electric power within such system.
        (21) The term ``State regulatory authority'' means any State 
    agency which has ratemaking authority with respect to the sale of 
    electricity by any State regulated electric utility.
        (22) The term ``air pollution control agency'' has the same 
    meaning as given such term by section 302(b) of the Clean Air Act 
    [42 U.S.C. 7602(b)].
        (23) The term ``electric utility'' means any person, including 
    any affiliate, or Federal agency which sells electric power.
        (24) The term ``affiliate'', when used in relation to a person, 
    means another person which controls, is controlled by, or is under 
    common control with, such person.
        (25) The term ``Federal agency'' means each authority of the 
    Government of the United States, whether or not it is within or 
    subject to review by another agency, but does not include--
            (A) the Congress;
            (B) the courts of the United States;
            (C) the governments of the territories or possessions of the 
        United States; and
            (D) the government of the District of Columbia.

        (26) The term ``Btu'' means British thermal unit.
        (27) the term ``Mcf'' means, when used in relation to natural 
    gas, 1,000 cubic feet of natural gas.
        (28) The term ``mixture'', when used in relation to fuels used 
    in a unit, means a mixture of such fuels or a combination of such 
    fuels used simultaneously or alternately in such unit.
        (29) The term ``fluidized bed combustion'' means combustion of 
    fuel in connection with a bed of inert material, such as limestone 
    or dolomite, which is held in a fluid-like state by the means of air 
    or other gases being passed through such materials.

(b) Special rules relating to definitions of natural gas and alternate 
        fuel

    (1) Subject to paragraph (2), natural gas which is to be used by a 
powerplant shall for purposes of this chapter (other than this 
subsection), be excluded from the definition of ``natural gas'' under 
subsection (a)(3)(B)(iii) of this section and shall be included within 
the definition of ``alternate fuel'' under subsection (a)(6) of this 
section if the person proposing to use such natural gas certifies to the 
Secretary (together with such supporting documents as the Secretary may 
require) that--
        (A) such person owns, or is entitled to receive, at the point of 
    manufacture, synthetic gas derived from coal or another alternate 
    fuel;
        (B) the Btu content of such synthetic gas is equal to, or 
    greater than, the Btu content of the natural gas to be covered by 
    this subsection by reason of such certification, plus the 
    approximate Btu content of any natural gas consumed or lost in 
    transportation;
        (C) such person delivers, or arranges for the delivery of, such 
    synthetic gas to a pipeline or pipelines which by transport or 
    displacement are capable of delivering such synthetic gas, mixed 
    with natural gas, to such person; and
        (D) all necessary permits, licenses, or approvals from 
    appropriate Federal, State, and local agencies (including Indian 
    tribes) have been obtained for construction and operation of the 
    facilities for the manufacture of the synthetic gas involved.

    (2) The application of paragraph (1) with respect to the use of 
natural gas by any powerplant shall be conditioned on the person using 
such natural gas submitting to the Secretary a report not later than one 
year after certification is made under paragraph (1), and annually 
thereafter, containing the following information:
        (A) the source, amount, quality, and point of delivery to the 
    pipeline of the synthetic gas to which paragraph (1) applied during 
    the annual period ending with the calendar month preceding the date 
    of such report; and
        (B) the amount, quality, and point of delivery by the pipeline 
    to such person of the natural gas covered by paragraph (1) which is 
    used by the person during such annual period.

    (3) Repealed. Pub. L. 100-42, Sec. 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, Sec. 103, Nov. 9, 1978, 92 Stat. 3292; Pub. L. 
100-42, Sec. 1(c)(2), May 21, 1987, 101 Stat. 310.)

                       References in Text

    The Clean Air Act, referred to in subsec. (a)(17)(B), is act July 
14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified 
generally to chapter 85 (Sec. 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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and 
Navigable Waters. 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, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 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, referred to in 
subsec. (a)(17)(B), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 
of this title. For complete classification 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, Sec. 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, Sec. 1(c)(2)(B), struck out ``or 
major fuel-burning installation'' after ``electric powerplant''.
    Subsec. (a)(16). Pub. L. 100-42, Sec. 1(c)(2)(C), struck out ``or 
installation'' after ``any powerplant'' in introductory provisions and 
after ``such powerplant'' in introductory provisions and subpar. (D).
    Subsec. (a)(19). Pub. L. 100-42, Sec. 1(c)(2)(D), struck out ``or a 
major fuel-burning installation'' after ``electric powerplant''.
    Subsec. (a)(20). Pub. L. 100-42, Sec. 1(c)(2)(E), struck out ``or 
major fuel-burning installation'' after ``life of an electric 
powerplant''.
    Subsec. (b)(1). Pub. L. 100-42, Sec. 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, Sec. 1(c)(2)(G), substituted 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, 
licenses, and approvals for the construction of such synthetic gas 
facilities shall be required under this subparagraph to be certified and 
documented.''
    Subsec. (b)(2). Pub. L. 100-42, Sec. 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, Sec. 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.''

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory 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.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 717z.
