42 U.S.C. § 8472 — Effect of orders under section 792 of title 15
submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 348 words · no verdicts yet
This section explains how orders issued under an older law carry over into this chapter. Some powerplants with pending orders are treated as new facilities; others can elect which subchapter applies to them. The Secretary keeps authority to enforce old orders despite normal time limits.
(a) Effect of construction* orders. Take any electric powerplant* or major fuel-burning installation* that was issued an order under section 792(c) of title 15 and that order is pending on this chapter's effective date. Despite that section or any other part of this chapter, it is treated as if it were a new electric powerplant* or new installation* — except that if the order became final before that date, subchapter II of this chapter does not apply to it.
(b) Effect of prohibition orders. Subchapters II and III do not apply to a powerplant* or installation with an order issued under section 792(a) of title 15, before this chapter's effective date, that is pending, final, or that was reviewed and held unlawful and set aside on the merits. But an installation with such an order pending on this chapter's effective date may elect to be covered by subchapter II or III instead of section 792. That election is irrevocable, must follow the form and manner the Secretary* prescribes within 90 days after November 9, 1978, and must be made within 60 days after the Secretary prescribes that form and manner.
(c) Validity of orders. The rest of this chapter does not affect the validity of an order issued under (a), or a final order under section 792(c) of title 15, and the Secretary's authority to amend, repeal, rescind, modify, or enforce any such order, or its rules, continues despite any time limit that would otherwise apply. Except as this section provides, the Secretary's authority under section 792 of title 15 ends on this chapter's effective date.
Any electric powerplant* or major fuel-burning installation* issued an order pursuant to section 792(c) of title 15 that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section 792(c) or any other provision of this chapter, be subject to the provisions of this chapter as if it were a new electric powerplant* or new major fuel-burning installation*, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant* or installation*.
The provisions of subchapters II and III shall not apply to any powerplant or installation for which an order issued pursuant to section 792(a) of title 15 before the effective date of this chapter is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section 792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III (as the case may be) rather than such section 792. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary* shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election.
The preceding provisions of this chapter shall not affect the validity of any order issued under subsection (a), or any final order under subsection (c), of section 792 of title 15, and the authority of the Secretary to amend, repeal, rescind, modify, or enforce any such order, or rules applicable thereto, shall remain in effect notwithstanding any limitation of time otherwise applicable to such authority. Except as provided in this section, the authority of the Secretary under section 792 of title 15 shall terminate on the effective date of this chapter.
Source credit: (Pub. L. 95–620, title VII, § 762(a)–(c), Nov. 9, 1978, 92 Stat. 3345.)
- 1978Enacted · Pub. L. 95-620 · 92 Stat. 3345
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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