§ 8343. Rules relating to case-by-case and category prohibitions

Footnotes

1. 1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–620 title III § 303 · 92 Stat. 3289

   Enacted · 42 U.S.C. § 8343

   Pub. L. 95–620, title III, § 303, Nov. 9, 1978, 92 Stat. 3306

   Source evidence

   Code source credit
   Pub. L. 95–620, title III, § 303, Nov. 9, 1978, 92 Stat. 3306

   Enacted provision · exact public law section
   SEC. 303. RULES RELATING TO CASE-BY-CASE AND CATEGORY PROHIBITIONS. (a) 42 USC 8343. Case-by-Case Prohibitions.— (1) Except to the extent authorized by subsection (b), the Secretary shall prohibit any powerplant or installation from using natural gas or petroleum under the author-ity granted him under section 301 (b) or (c) or 302 only by means of a final order issued by him which shall be limited to the particular powerplant or installation involved. (2) The Secretary may issue such a final order only with respect to a powerplant or installation which is not, at the time the proposed order is issued, covered by a final rule issued under section (b). (3) (A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant or installation if it is demonstrated that such powerplant or installation would have been granted an exemption if such prohibition had been established by a final rule pursuant to subsection (b) rather than by order pursuant to this subsection, except that if a temporary exemption would have been granted, such a final order may be issued but may not take effect until such time as the temporary exemption would have terminated. (B) In any case in which an order is not issued by reason of subparagraph (A) or in which the effective date of such order is delayed under subparagraph (A), the Secretary shall take such steps as may be necessary to assure the installation involved complies with the same requirements (including provisions of section 314(a)) as would have been applicable if an exemption had been granted based upon the grounds for which the order is not issued or the effective date of which is delayed. (b) Prohibitions Applicable to Categories of Facilities.— (1) The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 301 (b) or 302(a)— (A) in the case of any category of existing electric powerplants identified in such rule; and (B) in the case of any category of existing major fuel-burning installations which have design capabilities of consuming fuel (or any mixture thereof) at a fuel heat input rate of 300 million Btu’s per hour or greater which are identified in such rule. (2) Each powerplant or installation to be covered by any final rule issued under this subsection shall be specifically identified in the proposed rule published under section 701 (b). Post, p. 3329. (3) In prescribing any final rule under this subsection, the Secretary Final rule, application. shall take into account any special circumstances or characteristics of each category of powerplants or installations (such as the intermittent use, size, age, or geographic location of such powerplants or installations). Any such rules shall not apply in the case of any existing electric powerplant or major fuel-burning installation— (A) pending a resolution (including judicial review) of any petition for any exemption for such powerplant or installation which may be filed with the Secretary not later than 60 days after such final rule is published under section 702(a); or Post, p. 3331. (B) with respect to which a comparable prohibition was issued by order (or was proposed but was not issued by reason of subsection (a) (3)).

2. 1987

   Pub. L. 100–42 § 1(c)(9)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8343(a)(1)

   Pub. L. 100–42, § 1(c)(9)(A), (B), struck out “or installation” after “powerplant” in two places and “or 8342” after “section 8341(b) or (c)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–42, § 1(c)(9)(A), (B), struck out “or installation” after “powerplant” in two places and “or 8342” after “section 8341(b) or (c)”.

   Enacted provision · exact public law section
   (A) by striking “or installation” and “or installations” wherever they appear;

3. 1987

   Pub. L. 100–42 § 1(c)(9)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8343(a)(2)

   Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”.

   Enacted provision · exact public law section
   (A) by striking “or installation” and “or installations” wherever they appear;

4. 1987

   Pub. L. 100–42 § 1(c)(9)(C) · 101 Stat. 310

   Struck · 42 U.S.C. § 8343(a)(3)

   Pub. L. 100–42, § 1(c)(9)(C), struck out par. (3) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–42, § 1(c)(9)(C), struck out par. (3) which read as follows:

   “(A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant if it is demonstrated that such powerplant would have been granted an exemption if such prohibition had been established by a final rule pursuant to subsection (b) rather than by order pursuant to this subsection, except that if a temporary exemption would have been granted, such a final order may be issued but may not take effect until such time as the temporary exemption would have terminated. “(B) In any case in which an order is not issued by reason of subparagraph (A) or in which the effective date of such order is delayed under subparagraph (A), the Secretary shall take such steps as may be necessary to assure the installation involved complies with the same requirements (including provisions of section 8354(a) of this title) as would have been applicable if an exemption had been granted based upon the grounds for which the order is not issued or the effective date of which is delayed.”

   Enacted provision · exact public law section
   (C) by striking subsection (a)(3);

5. 1987

   Pub. L. 100–42 § 1(c)(9)(D) · 101 Stat. 310

   Amended · 42 U.S.C. § 8343(b)(1)

   Pub. L. 100–42, § 1(c)(9)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 8341(b) or 8342(a) of this title—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–42, § 1(c)(9)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 8341(b) or 8342(a) of this title—

   “(A) in the case of any category of existing electric powerplants identified in such rule; and “(B) in the case of any category of existing major fuel-burning installations which have design capabilities of consuming fuel (or any mixture thereof) at a fuel heat input rate of 300 million Btu’s per hour or greater which are identified in such rule.”

   Enacted provision · exact public law section
   (D) by amending subsection (b)(1) to read as follows: “(1) The Secretary may prohibit, by rule, the use of natural gas or petroleum under section 301(b) in existing electric powerplants.”; and

6. 1987

   Pub. L. 100–42 § 1(c)(9)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8343(b)(2)

   Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 100–42, § 1(c)(9)(A), struck out “or installation” after “powerplant”.

   Enacted provision · exact public law section
   (A) by striking “or installation” and “or installations” wherever they appear;

7. 1987

   Pub. L. 100–42 § 1(c)(9)(A) · 101 Stat. 310

   1. Struck · 42 U.S.C. § 8343(b)(3)

      Pub. L. 100–42, § 1(c)(9)(A), (E), struck out “or installations” after “powerplants” in two places in introductory provisions

   2. Amended · 42 U.S.C. § 8343(b)(3)

      Pub. L. 100–42, § 1(c)(9)(A), (E), amended last sentence generally. Prior to amendment, last sentence read as follows: “Any such rules shall not apply in the case of any existing electric powerplant with respect to which a comparable prohibition was issued by order.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 100–42, § 1(c)(9)(A), (E), struck out “or installations” after “powerplants” in two places in introductory provisions, and amended last sentence generally. Prior to amendment, last sentence read as follows: “Any such rules shall not apply in the case of any existing electric powerplant with respect to which a comparable prohibition was issued by order.”

   Enacted provision · exact public law section
   (A) by striking “or installation” and “or installations” wherever they appear;

8 of 8 references resolved to an enrolled provision