§8473 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Says certain decisions about powerplant exemptions do not count as major federal actions for environmental impact statement rules. That includes granting or denying any temporary exemption for an electric powerplant; granting or denying a permanent exemption for an existing electric powerplant except for exemptions under 8352(c) (cogeneration), 8352(b) (state or local requirements), and 8352(g) (intermediate load plants) (subparagraph (B) was repealed on May 21, 1987, Pub. L. 100–42, §1(c)(24)(B), 101 Stat. 314); and any exemption when the Secretary, after consulting the appropriate federal agency and publishing a finding, says another agency will prepare an adequate environmental impact statement covering the exemption.

Title 42, §8473

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

The following actions are not deemed to be major Federal actions for purposes of section 4332(2)(C) of this title:

(1)the grant or denial of any temporary exemption under this chapter for any electric powerplant;

(2)the grant or denial of any permanent exemption under this chapter for any existing electric powerplant, other than an exemption—

(A)under section 8352(c) of this title, relating to cogeneration;

(B)Repealed. Pub. L. 100–42, § 1(c)(24)(B), May 21, 1987, 101 Stat. 314;

(C)under section 8352(b) of this title, relating to certain State or local requirements;

(D)under section 8352(g) of this title, relating to certain intermediate load powerplants; and

(3)the grant or denial of any exemption under this chapter for any powerplant for which the Secretary finds, in consultation with the appropriate Federal agency, and publishes such finding that an environmental impact statement is required in connection with another Federal action and such statement will be prepared by such agency and will reflect the exemption adequately.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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—Par. (1). Pub. L. 100–42, § 1(c)(24)(A), struck out “or major fuel-burning installation” after “powerplant”. Par. (2). Pub. L. 100–42, § 1(c)(24), struck out “or major fuel-burning installation” after “powerplant” and struck out subpar. (B) which read as follows: “under section 8352(l) of this title, relating to scheduled equipment outages;”. Par. (3). Pub. L. 100–42, § 1(c)(24)(A), struck out “or major fuel-burning installation” after “powerplant”.

§8473 Environmental impact statements under section 4332 of this title