42 U.S.C. § 8351 — Temporary exemptions

(a) Temporary exemption due to lack of alternate fuel supply, site limitations, or environmental requirements. After reviewing a petition and comments on it, the Secretary must grant this exemption for a powerplant to use natural gas or petroleum, if the petitioner proves that, despite real good-faith effort, for the exemption period: (1) a reliable enough supply of coal or another alternate fuel likely will not be available at a cost — including the cost of transporting and using it — that does not substantially exceed the cost of using imported petroleum instead, as the Secretary defines that cost by rule; or (2) one or more site limitations exist that would not allow the powerplant to run on coal or any other alternate fuel; or (3) meeting the bans in section 8341 could not be done without breaking applicable environmental rules. (b) Temporary exemption based on future use of synthetic fuels. The Secretary must grant this exemption if the petitioner proves: (1) it will comply with the bans by the exemption's end date, by using a synthetic fuel made from coal or another alternate fuel; and (2) it cannot comply that way before the exemption ends. This exemption only stays in effect if the petitioner files, and keeps up to date, a compliance plan that meets section 8354(b)'s requirements. (c) Temporary exemption based on innovative technologies. The Secretary must grant this exemption if the petitioner proves the powerplant will comply by the exemption's end, by adopting a coal or alternate-fuel technology that the Secretary has determined, at the time of granting, to be "innovative." This exemption also requires filing and keeping up a compliance plan under section 8354(b). (d) Temporary exemption for units to be retired. (1) The Secretary must grant this exemption if the petitioner proves the powerplant will permanently shut down at or before the exemption's end date. This exemption requires a compliance plan under section 8354(b), except for one part of that section. (2) Once a powerplant gets this exemption, it can never get any other exemption under this part. (e) Temporary public interest exemption. The Secretary may — but does not have to — grant this exemption if the petitioner proves that granting it, for the proposed period, serves the public interest and fits the purposes of this chapter. (f) Temporary exemption for peakload powerplants. The Secretary must grant this exemption if the petitioner simply certifies that the powerplant will be operated solely as a peakload powerplant — one used only during times of highest demand. (g) Temporary exemption where necessary to maintain reliability of service. (1) The Secretary must grant this exemption if the petitioner proves it is necessary to prevent a loss of service reliability. (2) Once a powerplant gets this exemption, it cannot also get most other exemptions under this part — the only exception is a permanent petroleum exemption under section 8352(f). (h) Duration of temporary exemptions. (1) Unless (2) or (3) says otherwise, a temporary exemption for any powerplant — counting any extension or renewal — may not exceed 5 years. (2) An exemption under subsection (a)(1) may run longer than 5 years, but never more than 10, counting extensions. Exemptions under subsections (b), (c), and (g) may also be extended past the 5-year limit, up to 10 years, subject to paragraph (3). (3) Exemptions under subsections (d), (f), and (g) for using natural gas may not extend past December 31, 1994. (4) When counting the 5-year and 10-year limits, ignore any time before the fuel-use ban would first have applied if the exemption had never been granted.