
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: 42USC8353]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
                   SUBCHAPTER III--EXISTING FACILITIES
 
                           Part B--Exemptions
 
Sec. 8353. General requirements for exemptions


(a) Use of mixtures or fluidized bed combustion not feasible

    Except in the case of an exemption under section 8352(b), (f), or 
(i) of this title, the Secretary may grant a permanent exemption for a 
powerplant under this part only--
        (1) if the applicant has demonstrated that the use of a mixture 
    of natural gas or petroleum and coal (or other alternate fuels), for 
    which an exemption under section 8352(b) of this title would be 
    available, is not economically or technically feasible; and
        (2) if the Secretary has not made a finding that the use of a 
    method of fluidized bed combustion of coal or an alternate fuel is 
    economically and technically feasible.

(b) No alternative power supply in case of a powerplant

    (1) In the case of an exemption under section 8352(b) or (g) of this 
title, the Secretary may not grant an exemption for an existing 
powerplant unless he finds that the petitioner has demonstrated that 
there is no alternative supply of electric power which is available 
within a reasonable distance at a reasonable cost without impairing 
short-run or long-run reliability of service and which can be obtained 
by the petitioner, despite reasonable good faith efforts.
    (2) The Secretary shall forward a copy of any such petition to the 
Federal Energy Regulatory Commission promptly after it is filed with the 
Secretary and shall consult with the Commission before making any 
finding on such petition under paragraph (l).

(Pub. L. 95-620, title III, Sec. 313, Nov. 9, 1978, 92 Stat. 3313; Pub. 
L. 100-42, Sec. 1(c)(10), (13), May 21, 1987, 101 Stat. 313.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-42, Sec. 1(c)(13), struck out ``or 
installation'' after ``powerplant'' in introductory provisions.
    Pub. L. 100-42, Sec. 1(c)(10), which directed the substitution of 
``or (i)'' for ``(i), or (j)'' was executed by making the substitution 
for ``(i) or (j)'' to reflect the probable intent of Congress.


  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.
