
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: 42USC8343]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                   SUBCHAPTER III--EXISTING FACILITIES
 
                          Part A--Prohibitions
 
Sec. 8343. Rules relating to case-by-case and category 
        prohibitions
        

(a) Case-by-case prohibitions

    (1) Except to the extent authorized by subsection (b) of this 
section, the Secretary shall prohibit any powerplant from using natural 
gas or petroleum under the authority granted him under section 8341(b) 
or (c) of this title only by means of a final order issued by him which 
shall be limited to the particular powerplant involved.
    (2) The Secretary may issue such a final order only with respect to 
a powerplant which is not, at the time the proposed order is issued, 
covered by a final rule issued under subsection (b) of this section.

(b) Prohibitions applicable to categories of facilities

    (1) The Secretary may prohibit, by rule, the use of natural gas or 
petroleum under section 8341(b) of this title in existing electric 
powerplants.
    (2) Each powerplant to be covered by any final rule issued under 
this subsection shall be specifically identified in the proposed rule 
published under section 8411(b) of this title.
    (3) In prescribing any final rule under this subsection, the 
Secretary shall take into account any special circumstances or 
characteristics of each category of powerplants (such as the 
intermittent use, size, age, or geographic location of such 
powerplants). Any such rules shall not apply in the case of any existing 
electric powerplant with respect to which a comparable prohibition was 
issued by order.

(Pub. L. 95-620, title III, Sec. 303, Nov. 9, 1978, 92 Stat. 3306; Pub. 
L. 100-42, Sec. 1(c)(9), May 21, 1987, 101 Stat. 312.)


                               Amendments

    1987--Subsec. (a)(1). Pub. L. 100-42, Sec. 1(c)(9)(A), (B), struck 
out ``or installation'' after ``powerplant'' in two places and ``or 
8342'' after ``section 8341(b) or (c)''.
    Subsec. (a)(2). Pub. L. 100-42, Sec. 1(c)(9)(A), struck out ``or 
installation'' after ``powerplant''.
    Subsec. (a)(3). Pub. L. 100-42, Sec. 1(c)(9)(C), struck out par. (3) 
which read as follows:
    ``(A) Subject to subparagraph (B), the Secretary shall not issue a 
final order under this subsection to any powerplant if it is 
demonstrated that such powerplant would have been granted an exemption 
if such prohibition had been established by a final rule pursuant to 
subsection (b) of this section rather than by order pursuant to this 
subsection, except that if a temporary exemption would have been 
granted, such a final order may be issued but may not take effect until 
such time as the temporary exemption would have terminated.
    ``(B) In any case in which an order is not issued by reason of 
subparagraph (A) or in which the effective date of such order is delayed 
under subparagraph (A), the Secretary shall take such steps as may be 
necessary to assure the installation involved complies with the same 
requirements (including provisions of section 8354(a) of this title) as 
would have been applicable if an exemption had been granted based upon 
the grounds for which the order is not issued or the effective date of 
which is delayed.''
    Subsec. (b)(1). Pub. L. 100-42, Sec. 1(c)(9)(D), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The Secretary 
may, by rule, prohibit the use of natural gas or petroleum pursuant to 
section 8341(b) or 8342(a) of this title--
        ``(A) in the case of any category of existing electric 
    powerplants identified in such rule; and
        ``(B) in the case of any category of existing major fuel-burning 
    installations which have design capabilities of consuming fuel (or 
    any mixture thereof) at a fuel heat input rate of 300 million Btu's 
    per hour or greater which are identified in such rule.''
    Subsec. (b)(2). Pub. L. 100-42, Sec. 1(c)(9)(A), struck out ``or 
installation'' after ``powerplant''.
    Subsec. (b)(3). Pub. L. 100-42, Sec. 1(c)(9)(A), (E), struck out 
``or installations'' after ``powerplants'' in two places in introductory 
provisions, and amended last sentence generally. Prior to amendment, 
last sentence read as follows: ``Any such rules shall not apply in the 
case of any existing electric powerplant with respect to which a 
comparable prohibition was issued by order.''

                  Section Referred to in Other Sections

    This section is referred to in section 8341 of this title.
