Title 42 — The Public Health and WelfareRelease 119-73
§8341 Existing electric powerplants
Title 42 › Chapter CHAPTER 92— - POWERPLANT AND INDUSTRIAL FUEL USE › Subchapter SUBCHAPTER III— - EXISTING FACILITIES › Part Part A— - Prohibitions › § 8341
Summary
A powerplant owner can tell the Secretary three things: that the plant can now or could (without major rebuilding or a big drop in capacity) use coal or another alternate fuel as its main fuel, and that switching would be financially doable. If the owner makes those three certifications and the Secretary agrees, the Secretary can ban petroleum or natural gas as the plant’s primary fuel. The owner can also certify that a mix of oil/gas and coal/alternate fuel would work; with the Secretary’s agreement, oil or gas can be limited to only the minimum needed for reliable, reasonably efficient operation. Certifications can be changed anytime unless a final ban based on them is already in effect.
Full Legal Text
Title 42, §8341
The Public Health and Welfare — Source: USLM XML via OLRC
(a)At any time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)—
(1)whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source;
(2)whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having—
(A)substantial physical modification of the powerplant, or
(B)substantial reduction in the rated capacity of the powerplant; and
(3)whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant.
(b)The Secretary may prohibit, in accordance with section 8343(a) or (b) of this title, the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(1), (2), and (3) is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification.
(c)At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification, the Secretary may prohibit, in accordance with section 8343(a) of this title, the use of petroleum or natural gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture.
(d)The owner or operator of any such powerplant may at any time amend any certification under subsection (a) or (c) in order to take into account changes in relevant facts and circumstances; except that no such amendment to such a certification may be made after the date of any final prohibition under subsection (b) or (c) based on that certification.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 8341, Pub. L. 95–620, title III, § 301, Nov. 9, 1978, 92 Stat. 3305, related to existing electric powerplants, prior to repeal by Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an
Effective Date
of 1981 Amendment note under section 6240 of this title. Validity of Orders Under Former Provisions of This Section Pub. L. 97–35, title X, § 1022, Aug. 13, 1981, 95 Stat. 616, provided that: “(a) The
Amendments
made by section 1021 to section 301(b) and (c) of the Powerplant and Industrial Fuel Use Act of 1978 [subsecs. (b) and (c) of this section] shall not apply to any electric powerplant for which a final order was issued pursuant to section 301(b) or (c) of such Act before the date of the enactment of this Act [Aug. 13, 1981]. “(b) Any electric powerplant issued a proposed order under section 301(b) or (c) of such Act which is pending on the date of the enactment of this Act may elect not to have the
Amendments
made by section 1021 to such section 301(b) or (c) apply with respect to that powerplant. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary of Energy shall, within 45 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary of Energy prescribes the form and manner of making such election. “(c)(1) The
Amendments
made by section 1021 shall not affect the validity of any final order issued under section 301(b) or (c) of the Powerplant and Industrial Fuel Use Act of 1978 before the date of the enactment of this Act. “(2) The validity of any proposed order issued under such section 301(b) or (c) shall not be affected in the case of powerplants covered by elections made under subsection (b). “(3) The authority of the Secretary of Energy to amend, repeal, rescind, modify, or enforce any order referred to in paragraph (1) or (2), or rules applicable thereto, shall remain in effect notwithstanding any such
Amendments
.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 8341
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73