§8354 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary may allow exemptions from the bans in this part, but any exemption must come with conditions the Secretary thinks are appropriate, like practical fuel-saving steps. If an exemption is temporary, its conditions must make sure the people and the powerplant obey the bans when the exemption ends. A compliance plan must be approved by the Secretary. It must give a timetable for meeting the bans, show proof of binding fuel contracts or fuel-production facilities, and be updated when the Secretary requires.

Title 42, §8354

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

(a)Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b)) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant covered by such exemption will comply with the applicable prohibitions.

(b)A compliance plan meets the requirements of this subsection if it is approved by the Secretary and—

(1)contains (A) a schedule indicating how compliance with applicable prohibition of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the production of fuel, which would allow for such compliance; and

(2)is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1)(A), 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 installation” after “powerplant”.

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.

§8354 Terms and Conditions; Compliance Plans