
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: 42USC8311]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                      SUBCHAPTER II--NEW FACILITIES
 
                          Part A--Prohibitions
 
Sec. 8311. Coal capability of new electric powerplants; 
        certification of compliance
        

(a) General prohibition

    Except to such extent as may be authorized under part B, no new 
electric powerplant may be constructed or operated as a base load 
powerplant without the capability to use coal or another alternate fuel 
as a primary energy source.

(b) Capability to use coal or alternate fuel

    An electric powerplant has the capability to use coal or another 
alternate fuel for purposes of this section if such electric 
powerplant--
        (1) has sufficient inherent design characteristics to permit the 
    addition of equipment (including all necessary pollution devices) 
    necessary to render such electric powerplant capable of using coal 
    or another alternate fuel as its primary energy source; and
        (2) is not physically, structurally, or technologically 
    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 powerplant to be immediately able to use 
coal or another 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 situations, as defined by the Secretary and 
reported 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 subsection (a) of this 
section, the owner or operator of any new electric powerplant to be 
operated as a base load powerplant proposing to use natural gas or 
petroleum as its primary energy source shall certify 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) of this section. Such certification shall be effective to 
establish compliance with the requirement of subsection (a) of this 
section as of the date it is filed with the Secretary. Within 15 days 
after receipt of a certification submitted pursuant to this paragraph, 
the Secretary shall publish in the Federal Register a notice reciting 
that the certification has been filed.
    (2) The Secretary, within 60 days after the filing of a 
certification under paragraph (1), may require the owner or operator of 
such powerplant to provide such supporting documents as may be necessary 
to verify the certification.

(Pub. L. 95-620, title II, Sec. 201, Nov. 9, 1978, 92 Stat. 3298; Pub. 
L. 100-42, Sec. 1(c)(4)(A), May 21, 1987, 101 Stat. 311.)


                               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 
authorized under part B--
        ``(1) natural gas or petroleum shall not be used as a primary 
    energy source in any new electric powerplant; and
        ``(2) no new electric powerplant may be constructed without the 
    capability to use coal or any other alternate fuel as a primary 
    energy source.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8321, 8323 of this title.
