PUBLIC LAW 95-620—NOV. 9, 1978
92 STAT. 3301
on) for an exemption for a powerplant or installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that despite diligent good faith efforts— (A) 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 (i) will not be available within the first 10 years of the useful life of the powerplant or installation, or (ii) will not be available 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 during the useful life of the powerplant or installation involved; (B) one or more site limitations exist which would not permit the location or operation of such powerplant or installation using coal or any other alternate fuel as a primary energy source; (C) the prohibitions of subtitle A could not be satisfied without violating applicable environmental requirements; or (D) the required use of coal or any other alternate fuel would not allow the petitioner to obtain adequate capital for the financing of such powerplant or installation. (2) The demonstration required to be made by a petitioner under paragraph (1) shall— (A) m the case of a new major fuel-burning installation, be made with respect to the site of such installation proposed by the petitioner; and (B) in the case of a new electric powerplant, be made with respect to the site of such powerplant and reasonable alternative sites. (3) Notwithstanding the preceding provisions of this subsection. Limitation, a powerplant which has been granted an exemption under subsection (h^ may not be granted an exemption under this subsection. (b) PERMANENT EXEMPTION DUE TO CERTAIN STATE OR LOCAL
REQUIREMENTS.—After consideration 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 may, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that— (1) with respect to the proposed site of the powerplant or installation, the construction or operation of such a facility using coal or any other alternate fuel is infeasible because of a State or local requirement (other than a building code or a nuisance or zoning law); (2) in the case of a powerplant, there is no reasonable alternative site for such powerplant which meets the criteria set forth in subsection (a)(1)(A) through (D); and (3) the granting of the exemption would be in the public interest and would be consistent with the purposes of this Act. (c) PERMANENT EXEMPTION FOR COGENERATION.—After consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A for a cogeneration facility,
�
