§8343. Rules relating to case-by-case and category prohibitions

(a) Case-by-case prohibitions

(1) Except to the extent authorized by subsection (b), the Secretary shall prohibit any powerplant from using natural gas or petroleum under the authority granted him under section 8341(b) or (c) of this title only by means of a final order issued by him which shall be limited to the particular powerplant involved.

(2) The Secretary may issue such a final order only with respect to a powerplant which is not, at the time the proposed order is issued, covered by a final rule issued under section ¹ (b).

(b) Prohibitions applicable to categories of facilities

(1) The Secretary may prohibit, by rule, the use of natural gas or petroleum under section 8341(b) of this title in existing electric powerplants.

(2) Each powerplant to be covered by any final rule issued under this subsection shall be specifically identified in the proposed rule published under section 8411(b) of this title.

(3) In prescribing any final rule under this subsection, the Secretary shall take into account any special circumstances or characteristics of each category of powerplants (such as the intermittent use, size, age, or geographic location of such powerplants). Any such rules shall not apply in the case of any existing electric powerplant with respect to which a comparable prohibition was issued by order.

( Pub. L. 95–620, title III, §303, Nov. 9, 1978, 92 Stat. 3306 ; Pub. L. 100–42, §1(c)(9), May 21, 1987, 101 Stat. 312 .)

Editorial Notes

Amendments

1987-Subsec. (a)(1). Pub. L. 100–42, §1(c)(9)(A), (B), struck out "or installation" after "powerplant" in two places and "or 8342" after "section 8341(b) or (c)".

Subsec. (a)(2). Pub. L. 100–42, §1(c)(9)(A), struck out "or installation" after "powerplant".

Subsec. (a)(3). Pub. L. 100–42, §1(c)(9)(C), struck out par. (3) which read as follows:

"(A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant if it is demonstrated that such powerplant would have been granted an exemption if such prohibition had been established by a final rule pursuant to subsection (b) rather than by order pursuant to this subsection, except that if a temporary exemption would have been granted, such a final order may be issued but may not take effect until such time as the temporary exemption would have terminated.

"(B) In any case in which an order is not issued by reason of subparagraph (A) or in which the effective date of such order is delayed under subparagraph (A), the Secretary shall take such steps as may be necessary to assure the installation involved complies with the same requirements (including provisions of section 8354(a) of this title) as would have been applicable if an exemption had been granted based upon the grounds for which the order is not issued or the effective date of which is delayed."

Subsec. (b)(1). Pub. L. 100–42, §1(c)(9)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 8341(b) or 8342(a) of this title-

"(A) in the case of any category of existing electric powerplants identified in such rule; and

"(B) in the case of any category of existing major fuel-burning installations which have design capabilities of consuming fuel (or any mixture thereof) at a fuel heat input rate of 300 million Btu's per hour or greater which are identified in such rule."

Subsec. (b)(2). Pub. L. 100–42, §1(c)(9)(A), struck out "or installation" after "powerplant".

Subsec. (b)(3). Pub. L. 100–42, §1(c)(9)(A), (E), struck out "or installations" after "powerplants" in two places in introductory provisions, and amended last sentence generally. Prior to amendment, last sentence read as follows: "Any such rules shall not apply in the case of any existing electric powerplant with respect to which a comparable prohibition was issued by order."

¹ So in original. Probably should be "subsection".