42 U.S.C. § 8473: Environmental impact…

Summary

Approving or denying certain exemptions for power plants is not treated as a major federal action that needs a full environmental impact statement. This includes temporary exemptions for any electric powerplant and most permanent exemptions for existing plants, except for exemptions under sections 8352(c), 8352(b), and 8352(g). An exemption also is not a major action if the Secretary, after talking with the right federal agency, publishes a finding that another federal action will need an environmental impact statement and that agency will prepare one that covers the exemption. In other cases, whether something is a major federal action is decided under section 4332.

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(B)Repealed.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.

Except as provided in the preceding provisions of this section, any determination of what constitutes or does not constitute a major Federal action shall be made under section 4332 of this title.

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