Title 42 — The Public Health and WelfareRelease 119-73
§8471 Effect on environmental requirements
Title 42 › Chapter CHAPTER 92— - POWERPLANT AND INDUSTRIAL FUEL USE › Subchapter SUBCHAPTER VII— - ADMINISTRATION AND ENFORCEMENT › Part Part G— - Coordination With Other Provisions of Law › § 8471
Summary
Power plants, new or old, must follow all applicable environmental rules and cannot delay or skip them, except as allowed under section 8374 of this title. The rule also applies when a facility is covered by a prohibition in this chapter and is subject to local environmental requirements that may be stricter than federal or state rules.
Full Legal Text
Title 42, §8471
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Except as provided in section 8374 of this title, nothing in this chapter shall be construed as permitting any existing or new electric powerplant to delay or avoid compliance with applicable environmental requirements.
(b)In the case of any new or existing facility—
(1)which is subject to any prohibition under this chapter, and
(2)which is also subject to any requirement of any local environmental requirement which may be stricter than any Federal or State environmental requirement,
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(1), 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 major fuel-burning installation” after “powerplant”.
Reference
Citations & Metadata
Citation
42 U.S.C. § 8471
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73