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

(a) Temporary exemption for lack of alternate fuel^*, site limits, or environmental requirements. After considering a petition and comments for an exemption from one or more part A prohibitions for a powerplant^*, the Secretary^* must order an exemption to use natural gas^* or petroleum^* if the petitioner shows that, despite diligent good-faith efforts, for the proposed exemption period: (1) an adequate, reliable supply of coal^* or another alternate fuel of the needed quality will probably not be available at a cost—including related transportation and use facilities—that, based on the best practicable estimates, does not substantially exceed the Secretary’s rule-based cost of using imported petroleum as the primary energy source^*; (2) one or more site limits prevent operating the powerplant with coal or another alternate fuel as the primary energy source; or (3) the section 8341 prohibitions cannot be met without violating applicable environmental requirements^*. (b) Temporary exemption based on future synthetic fuel. After considering the petition and comments, the Secretary must order an exemption for natural gas or petroleum if the petitioner shows: (1) by the end of the proposed period, it will comply with part A through synthetic fuel made from coal or another alternate fuel; and (2) it cannot comply using that synthetic fuel until the period ends. The exemption works only while the petitioner files and maintains a compliance plan meeting section 8354(b). (c) Innovative technology. After considering the petition and comments, the Secretary must order an exemption if the petitioner shows that, when the exemption ends, the powerplant will comply by adopting a technology for using coal or another alternate fuel that the Secretary determines, when granting the exemption, is innovative. The exemption works only while the petitioner files and maintains a section 8354(b) compliance plan. (d) Units to be retired. (1) After considering the petition and comments, the Secretary must order an exemption if the petitioner shows that the powerplant will permanently stop operating by the end of the exemption period or earlier. The petitioner must file and maintain a compliance plan meeting section 8354(b), except paragraph (1)(B). (2) Despite the other rules in this chapter, once a powerplant receives an exemption under this subsection, no exemption under this part may later be granted for it. (e) Temporary public-interest exemption. After considering the petition and comments, the Secretary may order an exemption if the petitioner shows that issuing it during the proposed period is in the public interest and consistent with this chapter’s purposes. (f) Peakload powerplants. After considering the petition and comments, the Secretary must order an exemption if the petitioner certifies that the powerplant will operate only as a peakload powerplant^*. (g) Reliability. (1) After considering the petition and comments, the Secretary must order an exemption if the petitioner shows that it is needed to prevent impaired service reliability. (2) Despite the other rules in this chapter, no exemption under this part may be granted for a powerplant that has received an exemption under this subsection, except a permanent petroleum exemption under section 8352(f). (h) Length of temporary exemptions. (1) Unless paragraphs (2) or (3) applies, an exemption for a powerplant may last no more than five years, counting extensions and renewals. (2)(A) An exemption under subsection (a)(1) may last more than five years but no more than ten years, counting extensions and renewals. (B) Subject to paragraph (3), an exemption under (b), (c), or (g) may be extended past five years, but the total extended period may not exceed ten years. (3) An exemption under (d), (f), or (g) for using natural gas may not continue after December 31, 1994. (4) In counting the five- and ten-year limits, disregard the period before the natural-gas and petroleum prohibition would first have applied if the exemption had not been granted.