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POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978

AN ACT To amend the Tariff Schedules of the United States to provide for the

duty-free entry of competition bobsleds and luges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Tariff matters relating to bobsleds and luges not shown.]

TITLE I-GENERAL PROVISIONS

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Powerplant and Industrial Fuel Use Act of 1978". [42 U.S.C. 8301 nt.]

(b) TABLE OF CONTENTS.

TITLE I-GENERAL PROVISIONS

Sec. 101. Short title; table of contents.
Sec. 102. Findings; statement of purposes.
Sec. 103. Definitions.
Sec. 104. Territorial application.

TITLE II–NEW FACILITIES

SubtitLE A-PROHIBITIONS

Sec. 201. New electric powerplants.
Sec. 202. New major fuel-burning installations.

SUBTITLE B-EXEMPTIONS

Sec. 211. Temporary exemptions.
Sec. 212. Permanent exemptions.
Sec. 213. General requirements for exemptions.
Sec. 214. Terms and conditions; compliance plans.

TITLE III-EXISTING FACILITIES

SUBTITLE A-PROHIBITIONS

Sec. 301. Existing electric powerplants.
Sec. 302. Existing major fuel-burning installations.
Sec. 303. Rules relating to case-by-case and category prohibitions.

SUBTITLE B-EXEMPTIONS

Sec. 311. Temporary exemptions.
Sec. 312. Permanent exemptions.
Sec. 313. General requirements for exemptions.
Sec. 314. Terms and conditions; compliance plans.

TITLE IV-ADDITIONAL PROHIBITIONS; EMERGENCY AUTHORITIES Sec. 401. Authority to prohibit use of natural gas in certain boilers used for space

heating Sec. 402. Prohibition on use of natural gas for decorative outdoor lighting. Sec. 403. Conservation in Federal facilities, contracts, and financial assistance pro

grams.

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Sec. 404. Emergency authorities.
Sec. 405. Authority to restrict increased use of petroleum by existing powerplants.

TITLE V-SYSTEM COMPLIANCE OPTION

Sec. 501. Electric utility system compliance option.

TITLE VI-FINANCIAL ASSISTANCE Sec. 601. Assistance to areas impacted by increased coal or uranium production. Sec. 602. Loans to assist powerplant acquisitions of air pollution control equipment.

TITLE VII-ADMINISTRATION AND ENFORCEMENT

SUBTITLE A-PROCEDURES

Sec. 701. Administrative procedures.
Sec. 702. Judicial review.

SUBTITLE B-INFORMATION AND REPORTING

Sec. 711. Information.
Sec. 712. Compliance reports.

Subtitle C-ENFORCEMENT
Sec. 721. Notice of violation; other general provisions.
Sec. 722. Criminal penalties.
Sec. 723. Civil penalties.
Sec. 724. Injunctions and other equitable relief.
Sec. 725. Citizen suits.

SUBTITLE D-PRESERVATION OF CONTRACTUAL RIGHTS Sec. 731. Preservation of contractual rights.

SUBTITLE E-STUDIES Sec. 741. National coal policy study. Sec. 742. Coal industry performance and competition study. Sec. 743. Impact on employees. Sec. 744. Study of compliance problems of small electric utility systems. Sec. 745. Emissions monitoring. Sec. 746. Socioeconomic impacts of increased coal production and other energy deSEC. 102. FINDINGS; STATEMENT OF PURPOSES. (a) FINDINGS.—The Congress finds that,

velopment. Sec. 747. Use of petroleum and natural gas in combustors.

SUBTITLE F-APPROPRIATIONS AUTHORIZATION Sec. 751. Authorization of appropriations.

SUBTITLE G-COORDINATION WITH OTHER PROVISIONS OF LAW Sec. 761. Effect on environmental requirements. Sec. 762. Effect of orders under section 2 of ESECA; amendments to ESECA. Sec. 763. Environmental impact statements under NEPA.

TITLE VIII-MISCELLANEOUS PROVISIONS

Sec. 801. Coal reserves disclosure.
Sec. 802. Coal preparation facilities.
Sec. 803. Railroad rehabilitation for carriage of coal.
Sec. 804. Office of Rail Public Counsel.
Sec. 805. Retroactive application of certain remedial orders.
Sec. 806. Annual report.
Sec. 807. Submission of reports.

TITLE IX-EFFECTIVE DATES
Sec. 901. Effective date.
Sec. 902. Interim petition and consideration for certain exemptions.

(1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants and major fuel-burning installations; and

(2) the purposes of this Act are furthered in cases in which coal or other alternate fuels are used by electric powerplants and major fuel-burning installations, consistent with applicable environmental requirements, as primary energy sources in lieu

of natural gas or petroleum. (b) STATEMENT OF PURPOSES. — The purpose of this Act, which shall be carried out in a manner consistent with applicable environmental requirements, are

(1) to reduce the importation of petroleum and increase the Nation's capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States;

(2) to conserve natural gas and petroleum for uses, other than electric utility or other industrial or commercial generation of steam or electricity, for which there are no feasible alternative fuels or raw material substitutes;

(3) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum as a primary energy source;

(4) to the extent permitted by this Act, to encourage the use of synthetic gas derived from coal or other alternate fuels;

(5) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities;

(6) to prohibit or, as appropriate, minimize the use of natural gas and petroleum as a primary energy source and to conserve such gas and petroleum for the benefit of present and future generations;

(7) to encourage the modernization or replacement of existing and new electric powerplants and major fuel-burning installations which utilize natural gas or petroleum as a primary energy source and which cannot utilize coal or other alternate fuels where to do so furthers the conservation of natural gas and petroleum;

(8) to require that existing and new electric powerplants and major fuel-burning installations which utilize natural gas, petroleum, or coal or other alternate fuels pursuant to this Act comply with applicable environmental requirements;

(9) to insure that all Federal agencies utilize their authorities fully in furtherance of the purposes of this Act by carrying out programs designed to prohibit or discourage the use of natural gas and petroleum as a primary energy source and by taking such actions as lie within their authorities to maximize the efficient use of energy and conserve natural gas and petroleum in programs funded or carried out by such agencies;

(10) to insure that adequate supplies of natural gas are available for essential agricultural uses (including crop drying, seed drying, irrigation, fertilizer production, and production of essential fertilizer ingredients for such uses);

(11) to reduce the vulnerability of the United States to energy supply interruptions; and

(12) to regulate interstate commerce. (42 U.S.C. 8301] SEC. 103. DEFINITIONS.

(a) Unless otherwise expressly provided, for the purposes of this Act

(1) The term "Secretary" means the Secretary of Energy.

(2) The term “person" means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof.

(3)(A) Except as provided in subparagraph (B), the term “natural gas” means any fuel consisting in whole or in part of,

(i) natural gas;
(ii) liquid petroleum gas;

(iii) synthetic gas derived from petroleum or natural gas liquids; or

(iv) any mixture of natural gas and synthetic gas. (B) The term “natural gas” does not include

(i) natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the secretary;

(ii) natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu's per day;

(iii) natural gas to the extent the exclusion of such gas is provided for in subsection (b); or

(iv) synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and

60 degrees Fahrenheit.
(4) The term “petroleum" means crude oil and products de-
rived from crude oil, other than-

(A) synthetic gas derived from crude oil;
(B) liquid petroleum gas;

(C) liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or

(D) petroleum coke or waste gases from industrial operations. (5) The term “coal” means anthracite and bituminous coal, lignite, and any fuel derivative thereof.

(6) The term “alternate fuel” means electricity or any fuel, other than natural gas or petroleum, and includes

(A) petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources;

(B) liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; and

(C) waste gases from industrial operations. (7)(A) The terms “electric powerplant” and “powerplant” mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which produces electric power for purposes of sale or exchange and

(i) has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu's per hour or greater; or

(ii) is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250

million Btu's per hour or greater. (B) For purposes of subparagraph (A), the term “electric generating unit” does not include

(i) any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and

(ii) any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for

resale, as determined by the Secretary. (C) For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu's per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule, to be appropriate. (8) The term “new electric powerplant” means

(A) any electric powerplant for which construction or acquisition began on a date on or after the date of enactment of this Act; and

(B) any electric powerplant for which construction or acquisition began on a date after April 20, 1977, and before the date of the enactment of this Act, unless the Secretary finds the construction or acquisition of such powerplant could not be canceled, rescheduled, or modified to comply with the applicable requirements of this Act without

(i) adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority), or

(ii) imposing substantial financial penalty (as deter

mined under rules prescribed by the Secretary). (9X(A) The term "existing electric powerplant" means any electric powerplant other than a new electric powerplant.

(B) Any powerplant treated under this Act as an existing electric powerplant shall not be treated thereafter as a new electric powerplant merely by reason of a transfer of owner

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