Page:United States Statutes at Large Volume 92 Part 3.djvu/675

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3307

ity granted him under section 301(b) or (c) or 302 only by means of a final order issued by him which shall be limited to the particular powerplant or installation involved. (2) The Secretary may issue such a final order only with respect to a powerplant or installation which is not, at the time the proposed order IS issued, covered by a final rule issued under section (b). (3)(A) Subject to subparagraph (B), the Secretary shall not issue a final order under this subsection to any powerplant or installation if it is demonstrated that such powerplant or installation 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 314(a)) 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. (b)

PROHIBITIONS APPLICABLE TO CATEGORIES OF FACILITIES.—(1)

The Secretary may, by rule, prohibit the use of natural gas or petroleum pursuant to section 301(b) or 302(a)— (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. (2) Each powerplant or installation to be covered by any final rule issued under this subsection shall be specifically identified in the proposed rule published under section 701(b). P°^^^ P- ^^29. (3) In prescribing any final rule under this subsection, the Secre- Final rule, tary shall take into account any special circumstances or character- application, istics of each category of powerplants or installations (such as the intermittent use, size, age, or geographic location of such powerplants or installations). Any such rules shall not apply in the case of any existing electric powerplant or major fuel-burning installation— (A) pending a resolution (including judicial review) of any petition for any exemption for such powerplant or installation which may be filed with the Secretary not later than 60 days after such final rule is published under section T02(a); or Post, p. 3331. (B) with respect to which a comparable prohibition was issued by order (or was proposed but was not issued by reason of subsection (a)(3)).

Subtitle B—Exemptions SEC. 311. TEMPORARY EXEMPTIONS. (a) TEMPORARY EXEMPTION- D U E TO LACK OP ALTERNATE FUEL S U P PLY, SITE LIMITATIONS, OR ENVIRONMENTAL REQUIREMENTS.—After

consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A. for a powerplant or installation, the Secretary shall, by order, grant such an exemption

42 USC 8351.

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