PUBLIC LAW 95-620—NOV. 9, 1978
92 STAT. 3303
(2) in the case of a proposed use of natural gas, the Secretary shall, by order, grant a permanent exemption under this subsection with respect to natural gas if— (A) the Administrator of the Environmental Protection Agency (or the appropriate State air pollution control agency) certifies to the Secretary that the use by such powerplant of coal or any available alternate fuel as a primary energy source will cause or contribute to a concentration, in an air quality control region or any area within such region, of a pollutant for which any national ambient air quality standard is or would be exceeded; and (B) the petitioner certifies that such powerplant is to be operated solely as a peakload powerplant. (h)
PERMANENT EXEMPTION FOR INTERMEDIATE LOAD POWER-
PLANTS.— (1) After consideration of a petition (and comments there-; on) for an exemption from one or more of the prohibitions of subtitle A on the use of petroleum by a powerplant, the Secretary may grant a permanent exemption under this subsection for such use, by order, if he finds that the petitioner has demonstrated that— (A) the Administrator of the Environmental Protection Agency (or the appropriate State air pollution control agency) certifies to the Secretary that the use by such powerplant of coal or any available alternate fuel as a primary energy source will cause or contribute to a concentration, in an air quality control region or any area within such region, of a pollutant for which any national ambient air quality standard is or would be exceeded; (B) such powerplant is to be constructed and operated only to replace no more than the equivalent capacity of existing electric powerplants— (i) which use natural gas or petroleum as a primary source, (ii) which are owned by the same person who is to operate such powerplant, and (iii) which, if they used coal as a primary energy source, would cause or contribute to such a concentration in such area; (C) such powerplant is to be operated solely as an intermediate load powerplant; (D) the net heat input rate for such powerplant will be maintained at or less than 9,500 Btu's per kilowatt hour throughout the useful life of the powerplant; (E) there is no reasonable alternative site for such powerplant which meets the criteria set forth in subsection (a)(1)(A) through (D); and (F) the powerplant is to be constructed with the capability to use a synthetic fuel derived from coal or other alternate fuel. (2) The Secretary shall, from time to time, review each exemption Review, granted to a powerplant under this subsection, and shall terminate such exemption When he finds that there is available a supply of synthetic fuel derived from coal or other alternate fuel suitable for use as a primary energy source by such powerplant. (i) PERMANENT EXEMPTIONS FOR INSTALLATIONS BASED UPON PRODUCT O PROCESS REQUIREMENTS.—After consideration of a petition R
(and comments thereon) for an exemption for an installation from one or more of the prohibitions of subtitle A, the Secretary shall, by order, grant a permanent exemption under this subsection with respect to natural gas or petroleum, if he finds that the petitioner has demonstrated that—
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