§8343 Rules relating to case-by-case and category prohibitions

1987—Subsec. (a)(1). Pub. L. 100–42, § 1(c)(9)(A), (B), struck out “or installation” after “powerplant” in two places and “or 8342” after “section 8341(b) or (c)”. Subsec. (a)(2). Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”. Subsec. (a)(3). Pub. L. 100–42, § 1(c)(9)(C), struck out par. (3) which read as follows: “(A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant if it is demonstrated that such powerplant would have been granted an exemption if such prohibition had been established by a final rule pursuant to subsection (b) rather than by order pursuant to this subsection, except that if a temporary exemption would have been granted, such a final order may be issued but may not take effect until such time as the temporary exemption would have terminated. “(B) In any case in which an order is not issued by reason of subparagraph (A) or in which the

of such order is delayed under subparagraph (A), the Secretary shall take such steps as may be necessary to assure the installation involved complies with the same requirements (including provisions of section 8354(a) of this title) as would have been applicable if an exemption had been granted based upon the grounds for which the order is not issued or the

of which is delayed.” Subsec. (b)(1). Pub. L. 100–42, § 1(c)(9)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 8341(b) or 8342(a) of this title— “(A) in the case of any category of existing electric powerplants identified in such rule; and “(B) in the case of any category of existing major fuel-burning installations which have design capabilities of consuming fuel (or any mixture thereof) at a fuel heat input rate of 300 million Btu’s per hour or greater which are identified in such rule.” Subsec. (b)(2). Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”. Subsec. (b)(3). Pub. L. 100–42, § 1(c)(9)(A), (E), struck out “or installations” after “powerplants” in two places in introductory provisions, and amended last sentence generally. Prior to amendment, last sentence read as follows: “Any such rules shall not apply in the case of any existing electric powerplant with respect to which a comparable prohibition was issued by order.”