42 U.S.C. § 8353: General requirements for…

Summary

Except for exemptions under sections 8352(b), (f), or (i), the Secretary may give a permanent exemption for a powerplant only if the owner shows that using a blend of natural gas or petroleum with coal (or other alternate fuels) that would qualify under section 8352(b) is not economically or technically possible, and only if the Secretary has not found that fluidized bed combustion of coal or an alternate fuel is economically and technically feasible. For exemptions under section 8352(b) or (g), the Secretary must not approve an exemption for an existing plant unless the petitioner proves there is no other electric power supply available nearby at a reasonable cost that would not harm short‑ or long‑term reliability despite reasonable good‑faith efforts. The Secretary must send any such petition promptly to the Federal Energy Regulatory Commission and consult with the Commission before deciding.

Title 42, §8353

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

(a)Use of mixtures or fluidized bed combustion not feasible

Except in the case of an exemption under section 8352(b), (f), or (i) of this title, the Secretary may grant a permanent exemption for a powerplant under this part only—

(1)if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title would be available, is not economically or technically feasible; and

(2)if the Secretary has not made a finding that the use of a method of fluidized bed combustion of coal or an alternate fuel is economically and technically feasible.

(b)No alternative power supply in case of a powerplant

(1)In the case of an exemption under section 8352(b) or (g) of this title, the Secretary may not grant an exemption for an existing powerplant unless he finds that the petitioner has demonstrated that there is no alternative supply of electric power which is available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts.

(2)The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the Secretary and shall consult with the Commission before making any finding on such petition under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–42, § 1(c)(13), struck out “or installation” after “powerplant” in introductory provisions. Pub. L. 100–42, § 1(c)(10), which directed the substitution of “or (i)” for “(i), or (j)” was executed by making the substitution for “(i) or (j)” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.

§8353 General Requirements for Exemptions