Page:United States Statutes at Large Volume 92 Part 3.djvu/668

 92 STAT. 3300

PUBLIC LAW 9 5 - 6 2 0 — N O V. 9, 1978 (b) TEMPORARY E X E M P T I O N BASED U P O N F U T U R E U S E OF S Y N THE T I C

FUELS.—After consideration of a petition ( and comments thereon) for -^ a n exemption for a powerplant or installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, g r a n t a n exemption under this subsection for the use of n a t u r a l g a s or petroleum, if he finds that the petitioner has demonstrated that— (1) the petitioner will comply with the prohibitions of subtitle A by the end of the proposed exemption by the use of a synthetic fuel derived from coal or another alternate fuel; and (2) the petitioner is not able to comply with such prohibitions by the use of such synthetic fuel until the end of the proposed exemption. Compliance plan. The effectiveness of a n exemption under this subsection is conditioned filing and Q^ f^j^Q petitioner filing and maintaining a compliance plan meeting maintenance. ^j^^ requirements of section 2 1 4 (b). (c) TEMPORARY P U B L I C INTEREST E X E M P T I O N. — After consideration

of a petition ( and comments thereon) for an exemption for a powerp l a n t or installation from one or more of the prohibitions of subtitle A, the Secretary may, by order, g r a n t an exemption under this subsection for the use of n a t u r a l g a s or petroleum, if he finds that the petitioner has demonstrated that for the period of the proposed exemption the issuance of such exemption would be in the public interest and would be consistent with the purposes of this Act. (d) TEMPORARY E X E M P T I O N FOR THE I"^SE OF PETROLEUM BY CERTAIN

Post, p. 3349.

INSTALLATIONS.—After consideration of a petition ( and comments thereon) for an exemption from the prohibition of the use of petroleum under section 202 for an installation with a design capacity of consuming any fuel (or any mixture thereof) a t a fuel heat input rate which does not exceed 300 million Btu's p e r hour, the Secretary may, by order, g r a n t an exemption under this subsection for the use of petroleum if h e finds that the petitioner has demonstrated, by the existence of binding contracts o r other evidence, including a p p r o p r i a t e State construction permits, that he will use coal or another alternate fuel for at least 75 percent of the annual fuel heat input r a t e up'>n the expiration of such exemption. For provisions relating to authority to receive, consider and g r a n t i n g (or denying) certain petitons for an exemption under this subsection, see section 9 0 2 (b). (e) DURATION OF TEMPORARY E X E M P T I O N S. — (1) E x c e p t as provided

in paragraph (2), exemptions under this section for any powerplant or installation may not exceed, taking into account any extension or renewal, 6 years. (2)(A) A n exemption under subsection (a)(1) may be granted for a period of more than 5 years, b u t may not exceed, taking into account any extension or renewal, 10 years, (B) A n exemption under subsection (b) may be extended beyond the 5-year limit under paragraph (1), b u t such exemption, so extended, may not exceed 10 years. (3) I f an exemption is granted for any powerplant or installation before the powerplant or installation is placed in service, the period before it is placed in service shall not be taken into account in comp u t i n g the 5-year and the 10-year limitations of paragraph s (1) and (2)SEC. 212. PERMANENT EXEMPTIONS. 42 USC 8322.

^^^ P E R M A N E N T E X E M P T I O N D U E TO L A C K OF ALTERNATE F U E L S U P PLY, S I T E LIMITATIONS, ENVIRONMENTAL REQUIREMENTS, OR ADEQUATE

CAPITAL.—(1) After consideration of a petition ( and comments there-

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