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Title 42, The Public Health and WelfareRelease 119-110

§8311 Coal Capability of New Electric Powerplants; Certification of Compliance

Title 42 › CHAPTER 92 — POWERPLANT AND INDUSTRIAL FUEL USE › SUBCHAPTER II — NEW FACILITIES › Part A — Prohibitions › § 8311

Last updated Sep 22, 2026|Official source

Summary

New base-load electric power plants must be able to use coal or another alternate fuel as their main fuel unless part B allows otherwise. This rule only covers base-load plants. It does not apply to peak-load or intermediate-load plants. Hours run for emergency use, as the Secretary defines and is told about, do not count toward being a base-load plant. A plant counts as able to use coal or another fuel if it is built so equipment (including pollution controls) can be added, and if nothing about its shape, structure, or technology makes switching impossible. It does not have to be ready to burn coal on its first day. Owners who plan to run a new plant on natural gas or oil must certify to the Secretary, before building or before starting base-load service, that the plant can use coal or another fuel. The certification is effective when filed. The Secretary will publish a notice in the Federal Register within 15 days of getting it and may ask for supporting documents within 60 days.

Full Legal Text

Title 42, §8311

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

(a)General prohibition
Except to such extent as may be authorized under part B, no new electric powerplant may be constructed or operated as a base load powerplant without the capability to use coal or another alternate fuel as a primary energy source.
(b)Capability to use coal or alternate fuel
An electric powerplant has the capability to use coal or another alternate fuel for purposes of this section if such electric powerplant—
(1)has sufficient inherent design characteristics to permit the addition of equipment (including all necessary pollution devices) necessary to render such electric powerplant capable of using coal or another alternate fuel as its primary energy source; and
(2)is not physically, structurally, or technologically precluded from using coal or another alternate fuel as its primary energy source.
Capability to use coal or another alternate fuel shall not be interpreted to require any such powerplant to be immediately able to use coal or another alternate fuel as its primary energy source on its initial day of operation.
(c)Applicability to base load powerplants
(1)This section shall apply only to base load powerplants, and shall not apply to peakload powerplants or intermediate load powerplants.
(2)For the purposes of this section, hours of electrical generation pursuant to emergency situations, as defined by the Secretary and reported to the Secretary, shall not be included in a determination of whether a powerplant is being operated as a base load powerplant.
(d)Self-certification
(1)In order to meet the requirement of subsection (a), the owner or operator of any new electric powerplant to be operated as a base load powerplant proposing to use natural gas or petroleum as its primary energy source shall certify to the Secretary prior to construction, or prior to operation as a base load powerplant in the case of a new electric powerplant operated as a peakload powerplant or intermediate load powerplant, that such powerplant has capability to use coal or another alternate fuel, within the meaning of subsection (b). Such certification shall be effective to establish compliance with the requirement of subsection (a) as of the date it is filed with the Secretary. Within 15 days after receipt of a certification submitted pursuant to this paragraph, the Secretary shall publish in the Federal Register a notice reciting that the certification has been filed.
(2)The Secretary, within 60 days after the filing of a certification under paragraph (1), may require the owner or operator of such powerplant to provide such supporting documents as may be necessary to verify the certification.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Pub. L. 100–42 substituted “Coal capability of new electric powerplants; certification of compliance” for “New electric powerplants” in section catchline and amended text generally. Prior to amendment, text read as follows: “Except to such extent as may be authorized under part B— “(1) natural gas or petroleum shall not be used as a primary energy source in any new electric powerplant; and “(2) no new electric powerplant may be constructed without the capability to use coal or any other alternate fuel as a primary energy source.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 8311

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110