42 USC Ch. 92: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 92-POWERPLANT AND INDUSTRIAL FUEL USE
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CHAPTER 92-POWERPLANT AND INDUSTRIAL FUEL USE
SUBCHAPTER I-GENERAL PROVISIONS
Sec.
8301.
Findings; statement of purposes.
(a)
Findings.
(b)
Statement of purposes.
8302.
Definitions.
(a)
Generally.
(b)
Special rules relating to definitions of natural gas and alternate fuel.
8303.
Territorial application.
SUBCHAPTER II-NEW FACILITIES
Part A-Prohibitions
8311.
Coal capability of new electric powerplants; certification of compliance.
(a)
General prohibition.
(b)
Capability to use coal or alternate fuel.
(c)
Applicability to base load powerplants.
(d)
Self-certification.
8312.
Repealed.
Part B-Exemptions
8321.
Temporary exemptions.
(a)
General exemption due to lack of alternate fuel supply, site limitations, or environmental requirements.
(b)
Temporary exemption based upon future use of synthetic fuels.
(c),
(d) Repealed.
(e)
Duration of temporary exemptions.
8322.
Permanent exemptions.
(a)
Permanent exemption due to lack of alternate fuel supply, site limitations, environmental requirements, or adequate capital.
(b)
Permanent exemption due to certain State or local requirements.
(c)
Permanent exemption for cogeneration.
(d)
Permanent exemption for certain mixtures containing natural gas or petroleum.
(e)
Permanent exemption for emergency purposes.
(f)
Permanent exemption for powerplants necessary to maintain reliability of service.
8323.
General requirements for exemptions.
(a)
Use of mixtures or fluidized bed combustion not feasible.
(b)
State approval required for powerplant.
(c)
No alternative power supply in the case of a powerplant.
8324.
Terms and conditions; compliance plans.
(a)
Terms and conditions generally.
(b)
Compliance plans.
SUBCHAPTER III-EXISTING FACILITIES
Part A-Prohibitions
8341.
Existing electric powerplants.
(a)
Certification by powerplants of coal capability.
(b)
Authority of Secretary to prohibit where coal or alternate fuel capability exists.
(c)
Authority of Secretary to prohibit excessive use in mixtures.
(d)
Amendment of subsection (a) and (c) certifications.
8342.
Repealed.
8343.
Rules relating to case-by-case and category prohibitions.
(a)
Case-by-case prohibitions.
(b)
Prohibitions applicable to categories of facilities.
Part B-Exemptions
8351.
Temporary exemptions.
(a)
Temporary exemption due to lack of alternate fuel supply, site limitations, or environmental requirements.
(b)
Temporary exemption based upon future use of synthetic fuels.
(c)
Temporary exemption based upon use of innovative technologies.
(d)
Temporary exemption for units to be retired.
(e)
Temporary public interest exemption.
(f)
Temporary exemption for peakload powerplants.
(g)
Temporary exemption for powerplants where necessary to maintain reliability of service.
(h)
Duration of temporary exemptions.
8352.
Permanent exemptions.
(a)
Permanent exemption due to lack of alternate fuel supply, site limitations, or environmental requirements.
(b)
Permanent exemption due to certain State or local requirements.
(c)
Permanent exemption for cogeneration.
(d)
Permanent exemption for certain fuel mixtures containing natural gas or petroleum.
(e)
Permanent exemption for emergency purposes.
(f)
Permanent exemption for peakload powerplants.
(g)
Permanent exemption for intermediate load powerplants.
(h)
Permanent exemption for use of natural gas by certain powerplants with capacities of less than 250 million Btu's per hour.
(i)
Permanent exemption for use of LNG by certain powerplants.
8353.
General requirements for exemptions.
(a)
Use of mixtures or fluidized bed combustion not feasible.
(b)
No alternative power supply in case of a powerplant.
8354.
Terms and conditions; compliance plans.
(a)
Terms and conditions generally.
(b)
Compliance plans.
SUBCHAPTER IV-ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES
8371, 8372. Repealed
8373.
Conservation in Federal facilities, contracts, and financial assistance programs.
(a)
Federal facilities.
(b)
Federal contracts and financial assistance.
8374.
Emergency authorities.
(a)
Coal allocation authority.
(b)
Emergency prohibition on use of natural gas or petroleum.
(c)
Emergency stays.
(d)
Duration of emergency orders.
(e)
Delegation of authority prohibited.
(f)
Publication and reports to Congress of orders.
8375.
Repealed.
SUBCHAPTER V-SYSTEM COMPLIANCE OPTION
8391.
Repealed.
SUBCHAPTER VI-FINANCIAL ASSISTANCE
8401.
Assistance to areas impacted by increased coal or uranium production.
(a)
Designation of impacted areas.
(b)
Planning grants.
(c)
Land acquisition and development grants.
(d)
General requirements regarding assistance.
(e)
"Coal or uranium development activities" and "site development" defined.
(f)
Reports.
(g)
Administration.
(h)
Appropriations authorization.
(i)
Protection from certain hazardous actions.
(j)
Reorganization.
8401a.
"Local government" defined.
8402.
Loans to assist powerplant acquisitions of air pollution control equipment.
(a)
Authority to make loans.
(b)
Limitations and conditions.
(c)
Allocation and priorities.
(d)
Definitions.
(e)
Records.
(f)
Default.
(g)
Deposit of receipts.
(h)
Authorization of appropriation.
SUBCHAPTER VII-ADMINISTRATION AND ENFORCEMENT
Part A-Procedures
8411.
Administrative procedures.
(a)
General rulemaking.
(b)
Notices of rules and orders imposing prohibitions.
(c)
Petitions for exemptions.
(d)
Public comment on prohibitions and exemptions.
(e)
Transcript.
(f)
Environmental Protection Agency comment.
(g)
Repealed.
(h)
Coordination with other provisions of law.
8412.
Judicial review.
(a)
Publication and delay of prohibition or exemption to allow for review.
(b)
Publication of denial of exemption or permit.
(c)
Judicial review.
Part B-Information and Reporting
8421.
Information.
(a)
Authority of Secretary.
(b)
Authority of President and Federal Energy Regulatory Commission.
(c)
Natural gas usage by electric utilities.
8422.
Compliance report.
(a)
Generally.
(b)
Report on implementation of section 8484 Plan.
Part C-Enforcement
8431.
Notice of violation; other general provisions.
(a)
Notice of violation.
(b)
Individual liability of corporate personnel.
(c)
Repealed.
(d)
Federal agencies.
8432.
Criminal penalties.
8433.
Civil penalties.
(a)
General civil penalty.
(b)
Civil penalty for operation in excess of exemption.
(c)
Repealed.
(d)
Assessment.
8434.
Injunctions and other equitable relief.
8435.
Citizens suits.
(a)
General rule.
(b)
Notice to Secretary or agency head.
(c)
Authority of Secretary to intervene.
(d)
Costs of litigation.
(e)
Other remedies to remain available.
Part D-Preservation of Contractual Rights
8441.
Preservation of contractual interest.
(a)
Right to transfer contractual interests.
(b)
Determination of consideration.
(c)
Restrictions on transfers unenforceable.
(d)
Contractual obligations unaffected.
(e)
Definitions.
(f)
Coordination with Natural Gas Act.
(g)
Volume limitation.
(h)
Judicial review.
Part E-Studies
8451.
National coal policy study.
(a)
Study.
(b)
Report.
(c)
Authorization of appropriations.
8452.
Repealed.
8453.
Impact on employees.
(a)
Evaluation.
(b)
Investigation and hearings.
(c)
Rule of construction.
8454.
Study of compliance problem of small electric utility systems.
(a)
Study.
(b)
Authorization of appropriations.
8455.
Emissions monitoring.
(a)
Monitoring program.
(b)
Appropriations authorizations.
8456.
Socioeconomic impacts of increased coal production and other energy development.
(a)
Committee.
(b)
Functions of committee.
(c)
Report.
8457.
Use of petroleum and natural gas in combustors.
Part F-Appropriations Authorization
8461.
Authorization of appropriations.
Part G-Coordination With Other Provisions of Law
8471.
Effect on environmental requirements.
(a)
Compliance with applicable environmental requirements.
(b)
Local environmental requirements.
8472.
Effect of orders under section 792 of title 15.
(a)
Effect of construction orders.
(b)
Effect of prohibition orders.
(c)
Validity of orders.
8473.
Environmental impact statements under section 4332 of this title.
SUBCHAPTER VIII-MISCELLANEOUS PROVISIONS
8481.
Repealed.
8482.
Annual report.
8483.
Submission of reports.
8484.
Electric utility conservation plan.
(a)
Applicability.
(b)
Submission and approval of plan.
(c)
Contents of plan.
(d)
Plan approval.
Chapter Referred to in Other Sections
This chapter is referred to in title 15 section 717y.