42 U.S.C. § 8352 — Permanent exemptions

(a) Permanent exemption for lack of alternate fuel^*, site limits, or environmental requirements. (1) After considering a petition and comments for an exemption from one or more part A prohibitions for a powerplant^*, the Secretary^* must order a permanent exemption to use natural gas^* or petroleum^* if the petitioner shows, despite diligent good-faith efforts, that: (A) during the plant’s remaining useful life, an adequate and reliable supply of coal^* or another needed-quality alternate fuel probably will not be available at a cost—including related transportation and use facilities—that does not substantially exceed the Secretary’s rule-based cost of imported petroleum as the primary energy source^*; (B) site limits prevent operating the plant with coal or another alternate fuel as the primary energy source; or (C) part A cannot be met without violating environmental requirements. (2) A plant granted an exemption under subsection (g) may not receive an exemption under this subsection. (b) State^* or local requirements. After considering the petition and comments, the Secretary may order a permanent exemption if the petitioner shows: (1) operation with coal or another alternate fuel is infeasible at the plant site because of a State or local requirement; (2) if the requirement is in a building code or nuisance or zoning law, no other exemption under this part could be granted; and (3) the exemption would be in the public interest and consistent with this chapter’s purposes. (c) Cogeneration. After considering the petition and comments for a cogeneration facility, the Secretary may order a permanent exemption if the Secretary finds that the economic and other benefits of cogeneration cannot be obtained unless petroleum, natural gas, or both are used, and includes the basis for that finding in the final order. (d) Certain fuel mixtures. (1) After considering the petition and comments, the Secretary must order a permanent exemption if the petitioner shows: (A) the plant uses or proposes to use a primary-energy mixture of petroleum or natural gas with coal or another alternate fuel; and (B) the petroleum or natural gas will not exceed the minimum percentage of the total Btu heat input needed to keep the unit reliable while maintaining a reasonable fuel-efficiency level, as determined under the Secretary’s rules. (2) Repealed. (3) The Secretary may allow a higher percentage if the higher natural-gas percentage would be mixed with synthetic fuels made from municipal or agricultural waste and would encourage alternate or new technologies using renewable energy. (e) Emergency purposes. After considering the petition and comments, the Secretary must order a permanent exemption if the petitioner shows that the plant will be maintained and operated only for emergencies, as defined by the Secretary’s rule. (f) Peakload plants. After considering the petition and comments, the Secretary must order a permanent exemption if the Secretary finds: (1) the plant operates only as a peakload plant; (2) denying the petition would probably impair service reliability; and (3) modifying the plant for compliance is technically infeasible or would cause an unreasonable expense. (g) Intermediate-load plants. (1) After considering a petition and comments for an exemption from part A petroleum prohibitions, the Secretary may order a permanent exemption if the petitioner shows: (A) the EPA Administrator^* or proper State air-pollution agency certifies that using coal or any available alternate fuel as the primary source would cause or add to a concentration of a pollutant in an air-quality-control region or area that exceeds or would exceed a national ambient air-quality standard; (B) the plant will replace no more than the equivalent capacity of existing plants that use natural gas or petroleum as their primary source, are owned by the same operator, and would cause or add to that concentration if they used coal; (C) the plant operates and will continue to operate only as an intermediate-load plant; (D) its net fuel heat input rate will stay at or below 9,500 Btu per kilowatt-hour for its remaining useful life; and (E) it can use synthetic fuel made from coal or another alternate fuel. (2) The Secretary must periodically review each exemption and end it if a suitable supply of synthetic fuel is available for primary use by the plant. (h) Certain plants under 250 million Btu per hour. (1) Subject to paragraph (2), after considering the petition and comments, the Secretary must order a permanent exemption from a part A prohibition on natural-gas use if the petitioner shows: (A) the plant is designed to consume fuel or a fuel mixture at a rate below 250 million Btu per hour; (B) it was a baseload plant on April 20, 1977; and (C) it cannot consume coal without substantial physical modification or substantial reduction in rated capacity, as the Secretary determines. (2) This exemption may apply only to section 8341 prohibitions and prohibitions established by final rules or orders issued before January 1, 1990. (i) LNG. After considering the petition and comments, the Secretary must order a permanent exemption for LNG use if the EPA Administrator or proper State air-pollution agency certifies that using coal as the primary source would cause or add to a pollutant concentration exceeding or likely to exceed a national ambient air-quality standard and coal use would not satisfy environmental requirements.