42 U.S. Code § 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), (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
(b) No alternative power supply in case of a powerplant
(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.
Source(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.)
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.
Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978