§8324 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary can allow an exemption from the rules, but must attach whatever terms and conditions are needed. Those conditions can require practical fuel-saving actions that fit the law’s goals. If the exemption is temporary, its conditions (which can include a compliance plan under subsection (b)) must make sure the people and the powerplant covered will follow the rules once the exemption ends. A compliance plan meets subsection (b) if the Secretary approves it and (1) it includes a schedule for how the covered parties will reach compliance and shows binding fuel contracts or fuel production facilities that make that possible, and (2) it is updated when and as the Secretary requires to reflect changed circumstances.

Title 42, §8324

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b)) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant covered by such exemption will comply with the applicable prohibitions.

(b)A compliance plan meets the requirements of this subsection if it is approved by the Secretary and—

(1)contains (A) a schedule indicating how compliance with applicable prohibitions of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the production of fuel, which would allow or 11 So in original. Probably should be “for”. such compliance; and

(2)is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1)(A), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

Amendments

1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.

Statutory Notes and Related Subsidiaries

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

§8324 Terms and conditions; compliance plans