Page:United States Statutes at Large Volume 92 Part 3.djvu/679

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3311

heat input of the primary energy sources of such powerplant or installation needed to maintain reliability of operation of the unit consistent with maintaining a reasonable level of fuel efficiency, as determined in accordance with rules prescribed by the Secretary. (2) In the case of an existing major fuel-buming installation, the Percentage percentage determined by the Secretary under subparagraph (B) of determination, paragraph (1) shall not be less than 25 percent. (3) In the case of an existing electric powerplant, the Secretary may authorize a higher percentage than that referred to in paragraph (1)(B) if he finds that the higher percentage of natural gas allowed would be mixed with synthetic fuels derived from municipal wastes or agricultural wastes and would encourage the use of alternate or new technologies which use renewable sources of energy. (e) PERMANENT EXEMPTION FOR EMERGENCY PURPOSES.—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 a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that such powerplant or installation will be maintained and operated only for emergency purposes (as defined by rule by the Secretary). (f) PERMANENT EXEMPTION FOR PEAKLOAD POWERPLANTS.—After

consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A for a powerplant, the Secretary shall, by order, grant a permanent exemption under this subsection, if he finds that— (1) the powerplant is operated solely as a peakload powerplant; (2) a denial of such petition is likely to result in an impairment of reliability of service; and (3)(A) modification of the powerplant to permit compliance with such prohibitions is technically infeasible; or (B) such modification would result in an unreasonable expense. (g)

PERMANENT EXEMPTION FOR INTERMEDIATE LOAD POWER-

PLANTS.—(1) After consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A on the use of petroleum by a powerplant, the Secretary may, by order, grant a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that— (A) the Administrator of the Environmental Protection Agency (or the appropriate State air pollution control agency) certifies to the Secretary that the use by such powerplant of coal or any available alternate fuel as a primary energy source will cause or contribute to a concentration, in an air quality control region or any area within such region, of a pollutant for which any national ambient air quality standard is or would be exceeded for such area; (B) such powerplant is to be operated only to replace no more than the equivalent capacity of existing electric powerplants— (i) which use natural gas or petroleum as a primary energy source, (ii) which are owned by the same person who is to operate such powerplant, and (iii) which, if they used coal as a primary energy source, would cause or contribute to such a concentration in such region;

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