Page:United States Statutes at Large Volume 92 Part 3.djvu/682

 92 STAT. 3314

42 USC 8354.

PUBLIC LAW 95-620—NOV. 9, 1978 with the Secretary and shall consult with the Commission before making any finding on such petition under paragraph (1). SEC. 314. TERMS AND CONDITIONS; COMPLIANCE PLANS. (a) TERMS AND CONDITIONS GENERALLY.—Any exemption from any prohibition under this subtitle 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 Act. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b)) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant or installation 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 Act 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.

TITLE IV—ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES SEC. 401. AUTHORITY TO PROHIBIT USE OF NATURAL GAS IN CERTAIN BOILERS USED FOR SPACE HEATING. 42 USC 8371.

(a) EXISTING BOILERS.—The Secretary may prohibit the use of

natural gas as a primary energy source in any existing boiler (other than a major fuel-burning installation) if he finds that— (1) such boiler is used to produce steam for space heating purposes; (2) such boiler consumes 300 Mcf or more of natural gas per day on a peak day; (3) such boiler has, or previously had, the technical capability to use petroleum as a primary energy source; (4) such boiler has the technical capability to use petroleum as a primary energy source or it could have such capability without— (A) substantial physical modification of the boiler, or (B) substantial reduction in the rated capacity of the unit; (5) it is financially feasible for such boiler to use petroleum as a primary energy source; and (6) such prohibition is consistent with the purposes of this Act. The requirement of paragraph (3) shall not be considered to be satisfied unless the finding under such paragraph is made before the date of the publication of the notice of proposed prohibition under section 701(b). (b) NEW BOILERS.—The Secretary may prohibit the use of natural gas as a primary energy source in any new boiler (other than a major fuel-burning installation) if he determines that— (1) such boiler will be used to produce steam for space heating purposes; (2) such boiler will, by design, be capable of consuming 300 Mcf or more of natural gas per day; and (3) such prohibition is consistent with the purposes of this Act.

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