42 U.S.C. § 8343 — Rules relating to case-by-case and category prohibitions

submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 216 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary stop a power plant from burning natural gas or petroleum. The Secretary can do this one plant at a time, or through a rule covering a whole category of plants. Either way, the Secretary must follow specific steps first.

(a) Case-by-case prohibitions. The Secretary can only stop one specific powerplant from using natural gas or petroleum by issuing a final order that applies just to that powerplant — unless subsection (b) allows something broader. The Secretary can issue that kind of order only if the powerplant is not already covered by a final rule. (b) Prohibitions for categories of facilities. Instead of one plant at a time, the Secretary can issue a rule banning natural gas use at existing electric powerplants generally. Any powerplant that a final rule under this part will cover must first be specifically named in the proposed version of that rule. When writing the final rule, the Secretary must account for each category's special circumstances — things like how often a plant runs, its size, its age, or where it's located. A rule like this does not apply to any existing electric powerplant that is already under a similar ban issued by an individual order.

the actual law source: uscode.house.gov ↗public domain

(a) Case-by-case prohibitions

(1)

Except to the extent authorized by subsection (b), the Secretary shall prohibit any powerplant from using natural gas or petroleum under the authority granted him under section 8341(b) or (c) of this title only by means of a final order issued by him which shall be limited to the particular powerplant involved.

(2)

The Secretary may issue such a final order only with respect to a powerplant which is not, at the time the proposed order is issued, covered by a final rule issued under section 1 (b).

(b) Prohibitions applicable to categories of facilities

(1)

The Secretary may prohibit, by rule, the use of natural gas or petroleum under section 8341(b) of this title in existing electric powerplants.

(2)

Each powerplant to be covered by any final rule issued under this subsection shall be specifically identified in the proposed rule published under section 8411(b) of this title.

(3)

In prescribing any final rule under this subsection, the Secretary shall take into account any special circumstances or characteristics of each category of powerplants (such as the intermittent use, size, age, or geographic location of such powerplants). 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 credit: (Pub. L. 95–620, title III, § 303, Nov. 9, 1978, 92 Stat. 3306; Pub. L. 100–42, § 1(c)(9), May 21, 1987, 101 Stat. 312.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-620 · 92 Stat. 3306
1987Amended · Pub. L. 100-42 · 101 Stat. 312

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.

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