42-U.S.C.-8354

42-U.S.C.-8354

§8354 – Terms and Conditions; Compliance Plans

Pathway

Title 42 > Chapter 92 > Subchapter III > Part B > Section 8354

Details

  • Reference: Section 8354
  • Legend: §8354 – Terms and Conditions; Compliance Plans
  • USCode Year: 2011

Provision Content

(a) Terms and conditions generally

Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b) of this section) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant covered by such exemption will comply with the applicable prohibitions.

(b) Compliance plans

A compliance plan meets the requirements of this subsection if it is approved by the Secretary and—

(1) contains (A) a schedule indicating how compliance with applicable prohibition of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the production of fuel, which would allow for such compliance; and

(2) is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.

(Pub. L. 95–620, title III, §314, Nov. 9, 1978, 92 Stat. 3314; Pub. L. 100–42, §1(c)(10), May 21, 1987, 101 Stat. 313.)

References in Text

This chapter, referred to in subsecs. (a) and (b)(1)(A), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.

Amendments

1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.

Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978

For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.

U.S. Encyclopedia of Law Coverage

Subchapter II – New Facilities in the Legal Encyclopedia: Powerplant

In this entry about Subchapter II – New Facilities, find legal reference material, bibliographies and premiere content related to powerplant in the American Encyclopedia of Law, presenting a comprehensive view of the United States powerplant-specific issues, written by authorities in the field.

42-U.S.C.-8323 in the Legal Encyclopedia: Industrial Fuel

In this entry about 42-U.S.C.-8323, find legal reference material, bibliographies and premiere content related to industrial fuel in the American Encyclopedia of Law, presenting a comprehensive view of the United States industrial fuel-specific issues, written by authorities in the field.

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