42 U.S.C. § 8471: Effect on environmental…

Summary

Electric power plants, new or old, must follow any environmental rules that apply to them. They cannot use this law to delay or avoid those rules, unless section 8374 says otherwise. If a plant is covered by a ban under this law and also must follow a local environmental rule that may be stricter than federal or state rules, the local rule does not change the ban’s validity or how it applies except where sections 8322(b) or 8352(b) say otherwise. The ban also does not override the local rule for that plant.

Title 42, §8471

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

(a)Compliance with applicable environmental requirements

Except as provided in section 8374 of this title, nothing in this chapter shall be construed as permitting any existing or new electric powerplant to delay or avoid compliance with applicable environmental requirements.

(b)Local environmental requirements

In the case of any new or existing facility—

(1)which is subject to any prohibition under this chapter, and

(2)which is also subject to any requirement of any local environmental requirement which may be stricter than any Federal or State environmental requirement,

the existence of such local requirement shall not be construed to affect the validity or applicability of such prohibition to such facility, except to the extent provided under section 8322(b) or section 8352(b) of this title; and the existence of such prohibition shall not be construed to preempt such local requirement with respect to that facility.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1), 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 major fuel-burning installation” after “powerplant”.

§8471 Effect on Environmental Requirements