§8352. Permanent exemptions — Inbound Citations
42 U.S.C. § 8352
Cited by 8 provisions in release 119-102.
Citations to §8352(b)
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(a) Except in the case of an exemption under section 8352(b), (f), or (i) of this title, the Secretary may grant a permanent exemption for a powerplant under this part only—(1) if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title would be available, is not economically or technically feasible; and(2) if the Secretary has not made a finding that the use of a method of fluidized bed combustion of coal or an alternate fuel is economically and technically feasible.
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(1) if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title would be available, is not economically or technically feasible; and
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(1) In the case of an exemption under section 8352(b) or (g) of this title, the Secretary may not grant an exemption for an existing powerplant unless he finds that the petitioner has demonstrated that there is no alternative supply of electric power which is available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts.
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(b) In the case of any new or existing facility—(1) which is subject to any prohibition under this chapter, and(2) which is also subject to any requirement of any local environmental requirement which may be stricter than any Federal or State environmental requirement,the existence of such local requirement shall not be construed to affect the validity or applicability of such prohibition to such facility, except to the extent provided under section 8322(b) or section 8352(b) of this title; and the existence of such prohibition shall not be construed to preempt such local requirement with respect to that facility.
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(C) under section 8352(b) of this title, relating to certain State or local requirements;
Citations to §8352(c)
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(A) under section 8352(c) of this title, relating to cogeneration;
Citations to §8352(f)
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(2) Notwithstanding any other provision of this chapter, an exemption under this part (other than a permanent exemption under section 8352(f) of this title for the use of petroleum) may not be granted for any powerplant for which an exemption under this subsection has been granted.
Citations to §8352(g)
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(D) under section 8352(g) of this title, relating to certain intermediate load powerplants; and