92 STAT. 3310
PUBLIC LAW 95-620—NOV. 9, 1978
permanent exemption under this subsection for the use of 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 ruels 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 during the remaining useful life of the powerplant or installation; (B) one or more site limitations exist which would not permit the operation of such a powerplant or installation using coal or any other alternate fuel as a primary energy source; or (C) the prohibitions of subtitle A could not be satisfied without violating applicable environmental requirements. (2) Notwithstanding the preceding provisions of this subsection, a powerplant which has been granted an exemption under subsection (g) may not be granted an exemption under this subsection. (b)
PERMANENT EXEMPTION DUB TO CERTAIN STATE OR LOCAL
REQUIREMENTS.—After consideration of a petition (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A for a powerplant or installation, the Secretary may, by order, grant a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that— (1) with respect to the site of the powerplant or installation, the operation of such a facility using coal or any other alternate fuel is infeasible because of a State or local requirement; (2) if such State or local requirement is under a building code or nuisance or zoning law, no other exemption under this subtitle could be granted for sudh facility; 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, the Secretary may, by order, grant a permanent exemption under this subsection, if he— (1) finds that the petitioner has demonstrated that economic and otheT benefits of cogeneration are unobtainable unless petroleum or natural gas, or both, are used in such facility, and (2) includes in the final order a statement of the basis for such finding. (d) PERMANENT EXEMPTION FOR CERTAIN F U E L MIXTURES CONTAINING NATURAL GAS OR PETROLEUM.—(1) After consideration of a peti-
tion (and comments thereon) for an exemption from one or more of the prohibitions of subtitle A for a powerplant or installation, the Secretary shall, by order, grant a permanent exemption under this subsection, if he finds that the petitioner has demonstrated that— (A) the powerplant or installation uses, or proposes to use, a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source; and (B) the amount of the petroleum or natural gas used in such mixture will not exceed the minimum percentage of the total Btu
�
