42 U.S.C. § 8341 — Existing electric powerplants

submitted 45 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 414 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets power plant owners tell the Secretary if their plant could burn coal. If switching is possible and affordable, the Secretary can order the plant to stop using oil or gas. Owners can update their certification anytime, but not after a final order is issued.

(a) At any time, an owner or operator of an existing electric power plant can send the Secretary a certification covering three things: (1) whether the plant has, or ever had, the technical ability to run on coal or another substitute fuel as its main energy source; (2) whether the plant could gain that ability without major physical changes or a big cut to its power output; and (3) whether switching to coal or a substitute fuel as the main source would be financially workable. (b) If a plant has an affirmative certification covering all three points in (a), and the Secretary reviews it and agrees, the Secretary may order the plant to stop using petroleum or natural gas (or both) as its main energy source, following the process set out in section 8343(a) or (b). (c) Separately, at any time, an owner or operator can certify whether it would be technically and financially workable to run the plant on a mix of petroleum or natural gas together with coal or another substitute fuel as the main source. If that certification is affirmative and the Secretary reviews and agrees with it, the Secretary may order the plant, following section 8343(a), to cut its use of petroleum or natural gas down to the smallest amount needed to keep the unit running reliably while still burning the fuel mix efficiently. (d) An owner or operator can update a certification made under (a) or (c) at any time to reflect new facts — but not after the Secretary has issued a final order under (b) or (c) based on that certification.

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

(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.

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.

Source credit: (Pub. L. 95–620, title III, § 301, as added Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614.)

history & why it existsrecord from the source credit

1981Enacted · Pub. L. 95-620 · 95 Stat. 614

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1981-08-13.

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