---
kind: "section"
citation: "42 U.S.C. § 8353"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8353"
heading: "General requirements for exemptions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8353"
units:
  - "Chapter 92 — Powerplant and Industrial Fuel Use"
  - "Subchapter III — Existing Facilities"
  - "Part B — Exemptions"
---

# §8353. General requirements for exemptions

- (a) **Use of mixtures or fluidized bed combustion not feasible—** Except in the case of an exemption under [section 8352(b)](/usc/42/8352.md?p=b), (f), or (i) of this title, the [Secretary](/usc/42/8302.md?p=a-1) may grant a permanent exemption for a [powerplant](/usc/42/8302.md?p=a-7-A) under this part only—
  - (1) if the applicant has demonstrated that the use of a [mixture](/usc/42/8302.md?p=a-28) of [natural gas](/usc/42/8302.md?p=a-3-A) or [petroleum](/usc/42/8302.md?p=a-4) and [coal](/usc/42/8302.md?p=a-5) (or other [alternate fuels](/usc/42/8302.md?p=a-6)), for which an exemption under [section 8352(b) of this title](/usc/42/8352.md?p=b) would be available, is not economically or technically feasible; and
  - (2) if the [Secretary](/usc/42/8302.md?p=a-1) has not made a finding that the use of a method of [fluidized bed combustion](/usc/42/8302.md?p=a-29) of [coal](/usc/42/8302.md?p=a-5) or an [alternate fuel](/usc/42/8302.md?p=a-6) is economically and technically feasible.
- (b) **No alternative power supply in case of a powerplant—**
  - (1) In the case of an exemption under [section 8352(b)](/usc/42/8352.md?p=b) or (g) of this title, the [Secretary](/usc/42/8302.md?p=a-1) may not grant an exemption for an existing [powerplant](/usc/42/8302.md?p=a-7-A) 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.
  - (2) The [Secretary](/usc/42/8302.md?p=a-1) shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the [Secretary](/usc/42/8302.md?p=a-1) and shall consult with the Commission before making any finding on such petition under [paragraph (1)](#b-1).

## Source credit

(Pub. L. 95–620, title III, § 313, Nov. 9, 1978, 92 Stat. 3313; Pub. L. 100–42, § 1(c)(10), (13), May 21, 1987, 101 Stat. 313.)

## Notes

### Editorial Notes

### Amendments

1987—Subsec. (a). Pub. L. 100–42, § 1(c)(13), struck out “or installation” after “powerplant” in introductory provisions.

Pub. L. 100–42, § 1(c)(10), which directed the substitution of “or (i)” for “(i), or (j)” was executed by making the substitution for “(i) or (j)” to reflect the probable intent of Congress.

### Statutory Notes and Related Subsidiaries

### Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978

For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.