
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: 42USC8321]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                      SUBCHAPTER II--NEW FACILITIES
 
                           Part B--Exemptions
 
Sec. 8321. Temporary exemptions


(a) General exemption due to lack of alternate fuel supply, site 
        limitations, or environmental requirements

    After consideration of a petition (and comments thereon) for an 
exemption for a powerplant from the prohibitions of part A, the 
Secretary shall, by order, grant an exemption under this subsection for 
the use of natural gas or petroleum, if he finds that the petitioner has 
demonstrated that for the period of the proposed exemption, despite 
diligent good faith efforts--
        (1) it is likely that an adequate and reliable supply of coal or 
    other alternate fuel of the quality necessary to conform with design 
    and operational requirements for use as a primary energy source will 
    not be available to such powerplant at a cost (taking into account 
    associated facilities for the transportation and use of such fuel) 
    which, based upon the best practicable estimates, does not 
    substantially exceed the cost, as determined by rule by the 
    Secretary, of the fuel that would be used as a primary energy 
    source;
        (2) one or more site limitations exist which would ot \1\ permit 
    the location or operation of such a powerplant using coal or any 
    other alternate fuel as a primary energy source; or
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    \1\ So in original. Probably should be ``not''.
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        (3) the prohibitions of section 8311 of this title could not be 
    satisfied without violating applicable environmental requirements.

(b) Temporary exemption based upon future use of synthetic fuels

    After consideration of a petition (and comments thereon) for an 
exemption for a powerplant from the prohibitions of part A, the 
Secretary shall, by order, grant an exemption under this subsection for 
the use of natural gas or petroleum, if he finds that the petitioner has 
demonstrated that--
        (1) the petitioner will comply with the prohibitions of part A 
    by the end of the proposed exemption by the use of a synthetic fuel 
    derived from coal or another alternate fuel; and
        (2) the petitioner is not able to comply with such prohibitions 
    by the use of such synthetic fuel until the end of the proposed 
    exemption.

The effectiveness of an exemption under this subsection is conditioned 
on the petitioner filing and maintaining a compliance plan meeting the 
requirements of section 8324(b) of this title.

(c), (d) Repealed. Pub. L. 100-42, Sec. 1(c)(5)(E), May 21, 1987, 101 
        Stat. 312

(e) Duration of temporary exemptions

    (1) Except as provided in paragraph (2), exemptions under this 
section for any powerplant may not exceed, taking into account any 
extension or renewal, 5 years.
    (2)(A) An exemption under subsection (a)(1) of this section may be 
granted for a period of more than 5 years, but may not exceed, taking 
into account any extension or renewal, 10 years.
    (B) An exemption under subsection (b) of this section may be 
extended beyond the 5-year limit under paragraph (1), but such 
exemption, so extended, may not exceed 10 years.
    (3) If an exemption is granted for any powerplant before the 
powerplant is placed in service, the period before it is placed in 
service shall not be taken into account in computing the 5-year and the 
10-year limitations of paragraphs (1) and (2).

(Pub. L. 95-620, title II, Sec. 211, Nov. 9, 1978, 92 Stat. 3299; Pub. 
L. 100-42, Sec. 1(c)(5), May 21, 1987, 101 Stat. 312.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-42, Sec. 1(c)(5)(A)-(D), substituted 
``from'' for ``or installation from one or more of'' in introductory 
provisions, substituted ``the fuel that would be used'' for ``using 
imported petroleum'' and struck out ``or installation'' after 
``powerplant'' in par. (1), struck out ``or installation'' after 
``powerplant'' in par. (2), and struck out ``or 8312'' after ``8311'' in 
par. (3).
    Subsec. (b). Pub. L. 100-42, Sec. 1(c)(5)(A), substituted ``from'' 
for ``or installation from one or more of''.
    Subsec. (c). Pub. L. 100-42, Sec. 1(c)(5)(E), struck out subsec. (c) 
which read as follows: ``After consideration of a petition (and comments 
thereon) for an exemption for a powerplant or installation from one or 
more of the prohibitions of part A, the Secretary may, by order, grant 
an exemption under this subsection for the use of natural gas or 
petroleum, if he finds that the petitioner has demonstrated that for the 
period of the proposed exemption the issuance of such exemption would be 
in the public interest and would be consistent with the purposes of this 
chapter.''
    Subsec. (d). Pub. L. 100-42, Sec. 1(c)(5)(E), struck out subsec. (d) 
which read as follows: ``After consideration of a petition (and comments 
thereon) for an exemption from the prohibition of the use of petroleum 
under section 8312 of this title for an installation with a design 
capacity of consuming any fuel (or any mixture thereof) at a fuel heat 
input rate which does not exceed 300 million Btu's per hour, the 
Secretary may, by order, grant an exemption under this subsection for 
the use of petroleum if he finds that the petitioner has demonstrated, 
by the existence of binding contracts or other evidence, including 
appropriate State construction permits, that he will use coal or another 
alternate fuel for at least 75 percent of the annual fuel heat input 
rate upon the expiration of such exemption. For provisions relating to 
authority to receive, consider and granting (or denying) certain 
petitons [sic] for an exemption under this subsection, see section 
902(b).''
    Subsec. (e)(1), (3). Pub. L. 100-42, Sec. 1(c)(5)(B), struck out 
``or installation'' after ``powerplant'' wherever appearing.


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

    For effectiveness of exemption for certain electric powerplants and 
the temporary exemption issued under subsec. (d) of this section as 
prior to 180 days after Nov. 9, 1978, see section 902 of Pub. L. 95-620, 
set out as a note under section 8301 of this title.
