POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978 PUBLIC LAW 95-620 AS AMENDED 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. 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. 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. 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 de 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. 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. 807. Submission of reports. Sec. 808. Electric utlity conservation plan. TITLE IX-EFFECTIVE DATES Sec. 901. Effective date. Sec. 902. Interim petition and consideration for certain exemptions. SEC. 102. FINDINGS; STATEMENT OF PURPOSES. (a) FINDINGS.-The Congress finds that— (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 |