
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: 42USC8351]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                   SUBCHAPTER III--EXISTING FACILITIES
 
                           Part B--Exemptions
 
Sec. 8351. Temporary exemptions


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

    After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of part A for a 
powerplant, the Secretary shall, by order, grant such an exemption 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 costs, as determined by rule by the 
    Secretary, of using imported petroleum as a primary energy source;
        (2) one or more site limitations exist which would not permit 
    the operation of such a powerplant using coal or any other alternate 
    fuel as a primary energy source; or
        (3) the prohibitions of section 8341 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 from one or more of the prohibitions of part A for a 
powerplant, the Secretary, by order, shall 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 8354(b) of this title.

(c) Temporary exemption based upon use of innovative technologies

    After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of part A for a 
powerplant, the Secretary, by order, shall grant an exemption under this 
subsection for the use of natural gas or petroleum, if he finds that the 
petitioner has demonstrated that such powerplant will comply with such 
prohibitions at the expiration of such exemption by the adoption of a 
technology for the use of coal or another alternate fuel which at the 
time of the granting of the exemption is determined by the Secretary to 
be an innovative technology. The effectiveness of an exemption under 
this subsection is conditioned on the petitioner filing and maintaining 
a compliance plan meeting the requirements of section 8354(b) of this 
title.

(d) Temporary exemption for units to be retired

    (1) After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of part A for a 
powerplant, 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 such powerplant is to permanently cease 
operation at or before the expiration of the exemption period. An 
exemption under this subsection is conditioned on the petitioner filing 
and maintaining a compliance plan meeting the requirements of section 
8354(b) (other than paragraph (1)(B)) of this title.
    (2) Notwithstanding any other provision of this chapter, an 
exemption under this part may not be granted for any powerplant once an 
exemption under this subsection has been granted for such powerplant.

(e) Temporary public interest exemption

    After consideration of a petition (and comments thereon) for an 
exemption for a powerplant from one or more of the prohibitions of part 
A for a powerplant, 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 is in the public 
interest and is consistent with the purposes of this chapter.

(f) Temporary exemption for peakload powerplants

    After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of part A for a 
powerplant, the Secretary shall, by order, grant an exemption under this 
subsection for the use of natural gas or petroleum, if the petitioner 
certifies that such powerplant is to be operated solely as a peakload 
powerplant.

(g) Temporary exemption for powerplants where necessary to maintain 
        reliability of service

    (1) After consideration of a petition (and comments thereon) for an 
exemption from one or more of the prohibitions of part A for a 
powerplant, 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 such exemption is necessary to prevent 
impairment of reliability of service.
    (2) Notwithstanding any other provision of this chapter, an 
exemption under this part (other than a permanent exemption under 
section 8352(f) of this title for the use of petroleum) may not be 
granted for any powerplant for which an exemption under this subsection 
has been granted.

(h) Duration of temporary exemptions

    (1) Except as provided in paragraphs (2) and (3), 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) Subject to paragraph (3), an exemption under subsections (b), 
(c), and (g) 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) An exemption under subsections (d), (f), and (g) of this section 
for the use of natural gas by a powerplant may not extend beyond 
December 31, 1994.
    (4) In computing the 5-year and 10-year limitations of paragraphs 
(1) and (2) in the case of any exemption under this section, the period 
before the prohibition on the use of natural gas and petroleum would 
first apply (if the exemption had not been granted) shall be 
disregarded.

(Pub. L. 95-620, title III, Sec. 311, Nov. 9, 1978, 92 Stat. 3307; Pub. 
L. 100-42, Sec. 1(c)(10), (11), May 21, 1987, 101 Stat. 313.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-42, Sec. 1(c)(10), (11), struck out 
``or installation'' after ``powerplant'' in introductory provisions and 
in pars. (1) and (2) and struck out ``or 8342'' after ``section 8341'' 
in par. (3).
    Subsecs. (b) to (e), (h)(1). Pub. L. 100-42, Sec. 1(c)(10), struck 
out ``or installation'' after ``powerplant'' wherever appearing.


  Exemption for Certain Electric Powerplants as Effective Prior to 180 
                       Days After November 9, 1978

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