§8472 Effect of orders under section 792 of title 15

Summary

If a powerplant or major fuel-burning installation had a pending order under 15 U.S.C. 792(c) when this chapter took effect, it must follow the rules of this chapter as if it were a new source. If that 792(c) order was already final before the chapter took effect, subchapter II does not apply. Orders under 15 U.S.C. 792(a) issued before the chapter took effect are not covered by subchapters II or III if they are pending, final, or set aside, but a pending 792(a) order may elect to be covered by subchapter II or III instead. The Secretary must issue the election form within 90 days after November 9, 1978, and the election must be made within 60 days after the form is issued. These rules do not change whether a 792(a) order or a final 792(c) order is valid. The Secretary can still amend, cancel, or enforce those orders and related rules without time limits. Otherwise, the Secretary’s authority under 792 ends on the chapter’s effective date.