PUBLIC LAW 95-620—NOV. 9, 1978
92 STAT. 3299
(2)(A) The Secretary may, by order, prohibit the use of natural gas or petroleum, or both, as a primary energy source in any new major fuel-burning installation, other than a boiler, if such installation is not, at the time of the issuance of the proposed order, in a category identified in a final rule issued under paragraph (1). (B) Subject to subpragraph (C), the Secretary shall not issue a final order under this paragraph with respect to any installation if it is demonstrated that there would have been granted an exemption for such installation if such prohibition had been established by rule pursuant to paragraph (1) rather than by order pursuant to this paragraph, 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 such temporary exemption would have terminated. (C) In any case in which an order is not issued by reason of subparagraph (B) or in which the effective date of such order is delayed under subparagraph (B), the Secretary shall take such steps as may be necessary to assure the installation involved complies with the same requirements (including provisions of section 214(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. (3) A prohibition under this subsection shall only apply with Applicability, respect to an installation for which construction or acquisition began on or after the date of the publication under section 701(b) of the ^o*'- P- 3329. proposed rule or order establishing the prohibition. Any installation not subject to such a prohibition because of the preceding sentence shall be considered an existing major fuel-burning installation for purposes of title III.
Subtitle B—Exemptions SEC. 211. TEMPORARY EXEMPTIONS. (a) GENERAL EXEMPTION DUE TO LACK OF ALTERNATE FUEL SUPPLY, " 2 USC 8321. ^ SITE LIMITATIONS, OR ENVIRONMENTAL REQUIREMENTS.—After con-
sideration of a petition (and comments thereon) for an exemption for a powerplant or installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, grant an exemption under this subsection for the use of natural gas or petroleum, if he finds that the petitioner has demonstrated that for the period of the proposed exemption, despite diligent good faith efforts— (1) it is likely that an adequate and reliable supply of coal or other alternate fuel of the quality necessary to conform with design and operational requirements for use as a primary energy source will not be available to such powerplant or installation at a cost (taking into account associated facilities for the transportation and use of such fuel) which, based upon the best practicable estimates, does not substantially exceed the cost, as determined by rule by the Secretary, of using imported petroleum as a primary energy source; (2) one or more site limitations exist which would ot permit the location or operation of such a powerplant or installation using coal or any other alternate fuel as a primary energy source; or (3) the prohibitions of section 201 or 202 could not be satisfied without violating applicable environmental requirements.
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