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Code · U.S. Code · Title 42 - THE PUBLIC HEALTH AND WELFARE · CHAPTER 92— POWERPLANT AND INDUSTRIAL FUEL USE · SUBCHAPTER III— EXISTING FACILITIES · § 8341

§ 8341. Existing electric powerplants

822 words·~4 min read·/usc/title-42/section-8341

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(a)Certification by powerplants of coal capability At any time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)—
(1)whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source;
(2)whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having—
(A)substantial physical modification of the powerplant, or
(B)substantial reduction in the rated capacity of the powerplant; and
(3)whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant.
(b)Authority of Secretary to prohibit where coal or alternate fuel capability exists The Secretary may prohibit, in accordance with section 8343(a) or
(b)of this title, the use of petroleum or natural gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(1), (2), and
(3)is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification.
(c)Authority of Secretary to prohibit excessive use in mixtures At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification, the Secretary may prohibit, in accordance with section 8343(a) of this title, the use of petroleum or natural gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture.
(d)Amendment of subsection
(a)and
(c)certifications The owner or operator of any such powerplant may at any time amend any certification under subsection
(a)or
(c)in order to take into account changes in relevant facts and circumstances; except that no such amendment to such a certification may be made after the date of any final prohibition under subsection
(b)or
(c)based on that certification.
(Pub. L. 95–620, title III, § 301, as added Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.)
Connections12 cite this · traces to 2
7 references not yet in our index
  • Pub. L. 95–620, title III, § 301
  • Pub. L. 97–35, title X, § 1021(a)
  • 95 Stat. 614
  • 92 Stat. 3305
  • section 1038 of Pub. L. 97–35
  • Pub. L. 97–35, title X, § 1022
  • 95 Stat. 616
Citation graph
cites case law
§ 8341
Existing electric powerplants
U.S.C.×7
Stat.×3
Stat. Comp.×2
Pub. L.Pub. L. 95–620, title III, § 301
Pub. L.Pub. L. 97–35, title X, § 1021(a)
Stat.95 Stat. 614
Stat.92 Stat. 3305
Pub. L.section 1038 of Pub. L. 97–35
Cites 9 · showing 7Cited by 12 across 3 sources
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