92 STAT. 3294
PUBLIC LAW 95-620—NOV. 9, 1978 (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 ownership. (10)(A) The terms "major fuel-burning installation" and "installation" means a stationary unit consisting of a boiler, gas turbine unit, combined cycle unit, or internal combustion engine which— (i) has a 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 such 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) The terms "major fuel-burning installation" and "installation" do not include— (i) any electric powerplant; or (ii) any pump or compressor used solely in connection with the production, gathering, transmission, storage, or distribution of gases or liquids, but only if there is certification to the Secretary of such use (in accordance with rules prescribed 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. (11) The term "new major fuel-burning installation" means— (A) any major fuel-burning installation on which construction or acquisition began on a date on or after the date of the enactment of this Act; and (B) any major fuel-burning installation on 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 installation could not be canceled, rescheduled, or modified to comply with applicable requirements of this Act without— (i) incurring significant operational detriment of the unit (as determined by the Secretary); or (ii) imposing substantial financial penalty (as determined under rules prescribed by the Secretary). (12)(A) The term "existing major fuel-burning installation" means any installation which is not a new major fuel-burning installation. (B) Such term does not include a major fuel-burning installation for the extraction of mineral resources located— (i) on or above the Continental Shelf of the United States, or (ii) on wetlands areas adjacent to the Continental Shelf of the United States, where coal storage is not practicable or would produce adverse effects on environmental quality. (C) Any installation treated as an existing major fuel-burning installation shall not be treated thereafter as a new major fuelburning installation merely by reason of a transfer of ownership.
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