§ 8411. Administrative procedures

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 VII § 701 · 92 Stat. 3289

   Enacted · 42 U.S.C. § 8411

   Pub. L. 95–620, title VII, § 701, Nov. 9, 1978, 92 Stat. 3329

   Source evidence

   Code source credit
   Pub. L. 95–620, title VII, § 701, Nov. 9, 1978, 92 Stat. 3329

   Enacted provision · exact public law section
   SEC. 701. ADMINISTRATIVE PROCEDURES. (a) General Rule Making.— Except to the extent otherwise provided 42 USC 8411. in this section or other provisions of this Act, rules prescribed under this Act shall be made in accordance with the procedures set forth in section 553 of title 5, United States Code. (b) Notices of Rules and Orders Imposing Prohibitions.— Before Publication in Federal Register. the Secretary prescribes any rule or issues any order imposing a prohibition under this Act (other than under section 402), he shall publish such proposed rule or order in the Federal Register, together with a statement of the reasons for such rule or order and, in the case of a rule, a detailed statement of any special circumstances or characteristics required to be taken into account in prescribing such rule. A copy shall be transmitted to the person who operates any such power-plant or installation required to be specifically identified in such rule or order. (c) Petitions for Exemptions.— (1) Any petition for an exemption from any prohibition under this Act or for any permit under section 405, shall be filed at such time and shall be in such form as the Secretary shall by rule prescribe. The Secretary, upon receipt of such petition, Publication in Federal Register. Public comment period. shall publish a notice thereof in the Federal Register together with a statement of the reasons set forth in such a petition for requesting such exemption or permit, and provide a period of public comment of at least 45 days for written comments thereon. Rules required under this paragraph shall be prescribed not later than 120 days after the date of the enactment of this Act. (2) The Secretary, upon receipt of such petition, shall notify the appropriate State agencies having primary authority to permit or regulate the construction or operation of the electric powerplant or, where appropriate, major fuel-burning installation which is the subject of such petition, and, to the maximum extent practicable, consult with such agencies. (3) Publication in Federal Register. The Secretary, within 6 months after the period for public comment and hearing applicable to any petition for an exemption or permit, shall issue a final order granting or denying the petition for such exemption or permit, except that the Secretary may extend such period to a specified date if he publishes notice thereof in the Federal Register and includes with such notice a statement of the reasons for such extension. (4) Any order for the approval of a system compliance plan under section 501, and any petition for such an order, shall be treated for purposes of this title the same as an order (or petition) for an exemption. (d) Public Comment on Prohibitions and Exemptions.— (1) In the case of any proposed rule or order by the Secretary imposing a prohibition or any petition for any order granting an exemption (or permit) under this Act (other than under section 402), any interested person shall be afforded an opportunity to present oral data, views, Public hearing. and arguments at a public hearing. At such hearing any interested person shall have an opportunity to question— (A) other interested persons who make oral presentations, (B) employees and contractors of the United States who have made written or oral presentations or who have participated in the development of the proposed rule or order or in the consideration of such petition, and (C) experts and consultants who have provided information to any person who makes an oral presentation and which is contained in or referred to in such presentation, with respect to disputed issues of material fact, except that the Secretary may restrict questioning if he determines that such questioning is duplicative or is not likely to result in a timely and effective resolution Evidence. of such issues. Any oral or documentary evidence may be received, but the Secretary as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. (2) A rule or order subject to this section may not be issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. (e) Transcript.— A transcript shall be kept of any public hearing made in accordance with this section. (f) Environmental Protection Agency Comment.— A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this Act (other than under section 402 or 404), or a petition for an exemption (or permit) under this Act (other than under section 402 or 404), shall be transmitted by the Secretary to the Administrator of the Environmental Protection Agency and the Secretary shall request such agency to comment thereon within the period provided to the public unless a longer period is provided 42 USC 7401 note. under the Clean Air Act. In any such case, the Administrator of the Environmental Protection Agency shall be afforded the same oppor-tunity to comment and question as is provided other interested persons under subsection (d). (g) Federal Trade Commission Comment.— A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this Act (other than under section 402 or 404) with respect to a major fuel-burning installation or a boiler subject to section 401 or a petition by such installation or boiler for an exemption (or permit) under this Act (other than under section 402 or 404), shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public. In any such case, the Federal Trade Commission shall be afforded the same opportunity to comment and question as is provided other interested persons under subsection (d). (h) Coordination With Other Provisions of Law.— (1) Except as provided in sections 702 (c) (4), 723(d) (5), and 724 of this Act, title V of the Department of Energy Organization Act (42 U.S.C. 7191, et seq.) shall not apply with respect to this Act. (2) The preceding provisions of this section shall not apply with respect to any exercise of authority under section 404. (3) The procedures applicable under this Act shall not— (A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this Act (or provisions of law cited herein), or (B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this Act, and declaring that such provision supersedes, in whole or in part, the procedures of this Act.

2. 1987

   Pub. L. 100–42 § 1(c)(16)(A) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(b)

   Pub. L. 100–42, § 1(c)(16)(A), struck out “(other than under section 8372 of this title)” after “this chapter” and “or installation” after “powerplant”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–42, § 1(c)(16)(A), struck out “(other than under section 8372 of this title)” after “this chapter” and “or installation” after “powerplant”.

   Enacted provision · exact public law section
   (A) in subsection (b), by striking “(other than under section 402)” and “or installation”;

3. 1987

   Pub. L. 100–42 § 1(c)(16)(B)(i) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(c)(1)

   Pub. L. 100–42, § 1(c)(16)(B)(i), (ii), struck out “or for any permit under section 8375 of this title” after “this chapter” and “or permit” after “such exemption”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 100–42, § 1(c)(16)(B)(i), (ii), struck out “or for any permit under section 8375 of this title” after “this chapter” and “or permit” after “such exemption”.

   Enacted provision · exact public law section
   (i) by striking “or permit” each place it appears;

4. 1987

   Pub. L. 100–42 § 1(c)(16)(B)(iii) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(c)(2)

   Pub. L. 100–42, § 1(c)(16)(B)(iii), struck out “or, where appropriate, major fuel-burning installation” after “powerplant”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 100–42, § 1(c)(16)(B)(iii), struck out “or, where appropriate, major fuel-burning installation” after “powerplant”.

   Enacted provision · exact public law section
   (iii) by striking “or, where appropriate, major fuel-burning installation” in paragraph (2); and

5. 1987

   Pub. L. 100–42 § 1(c)(16)(B)(i) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(c)(3)

   Pub. L. 100–42, § 1(c)(16)(B)(i), struck out “or permit” after “exemption” in two places

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 100–42, § 1(c)(16)(B)(i), struck out “or permit” after “exemption” in two places.

   Enacted provision · exact public law section
   (i) by striking “or permit” each place it appears;

6. 1987

   Pub. L. 100–42 § 1(c)(16)(B)(iv) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(c)(4)

   Pub. L. 100–42, § 1(c)(16)(B)(iv), struck out par. (4) which read as follows: “Any order for the approval of a system compliance plan under section 8391 of this title, and any petition for such an order, shall be treated for purposes of this subchapter the same as an order (or petition) for an exemption.”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 100–42, § 1(c)(16)(B)(iv), struck out par. (4) which read as follows: “Any order for the approval of a system compliance plan under section 8391 of this title, and any petition for such an order, shall be treated for purposes of this subchapter the same as an order (or petition) for an exemption.”

   Enacted provision · exact public law section
   (iv) by striking paragraph (4);

7. 1987

   Pub. L. 100–42 § 1(c)(16)(C) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(d)(1)

   Pub. L. 100–42, § 1(c)(16)(C), struck out “(or permit)” after “an exemption” and “(other than under section 8372 of this title)” after “under this chapter”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 100–42, § 1(c)(16)(C), struck out “(or permit)” after “an exemption” and “(other than under section 8372 of this title)” after “under this chapter”.

   Enacted provision · exact public law section
   (C) in the first sentence of subsection (d)(1)— (i) by striking “(or permit)”; and (ii) by striking “(other than under section 402)”;

8. 1987

   Pub. L. 100–42 § 1(c)(16)(D) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(f)

   Pub. L. 100–42, § 1(c)(16)(D), struck out “8372 or” after “(other than under section” in two places

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–42, § 1(c)(16)(D), struck out “8372 or” after “(other than under section” in two places.

   Enacted provision · exact public law section
   (D) in subsection (f), by striking “402 or” both places it appears; and

9. 1987

   Pub. L. 100–42 § 1(c)(16)(E) · 101 Stat. 310

   Struck · 42 U.S.C. § 8411(g)

   Pub. L. 100–42, § 1(c)(16)(E), struck out subsec. (g) which read as follows: “A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this chapter (other than under section 8372 or 8374 of this title) with respect to a major fuel-burning installation or a boiler subject to section 8371 of this title or a petition by such installation or boiler for an exemption (or permit) under this chapter (other than under section 8372 or 8374 of this title), shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public. In any such case, the Federal Trade Commission shall be afforded the same opportunity to comment and question as is provided other interested persons under subsection (d).”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 100–42, § 1(c)(16)(E), struck out subsec. (g) which read as follows: “A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this chapter (other than under section 8372 or 8374 of this title) with respect to a major fuel-burning installation or a boiler subject to section 8371 of this title or a petition by such installation or boiler for an exemption (or permit) under this chapter (other than under section 8372 or 8374 of this title), shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public. In any such case, the Federal Trade Commission shall be afforded the same opportunity to comment and question as is provided other interested persons under subsection (d).”

   Enacted provision · exact public law section
   (E) by striking subsection (g).

9 of 9 references resolved to an enrolled provision