92 STAT. 3312
Review.
PUBLIC LAW 95-620—NOV. 9, 1978 (C) such powerplant is and shall continue to be operated solely as an intermediate load powerplant; (D) the n e t fuel heat input rate for such powerplant will be maintained a t or less than 9,500 Btu's per kilowatt hour throughout the remaining useful life of the powerplant; and (E) the powerplant has the capability to use synthetic fuels derived from coal or other alternate fuel. (2) The Secretary shall, from time to time, review each exemption granted to a powerplant under this subsection, and shall terminate such exemption if he finds that there is available a supply of synthetic fuel derived from coal or other alternate fuel suitable for use as a p r i m a r y energy source by such powerplant. (h) P E R M A N E N T E X E M P T I O N FOR U S E OF NATURAL G A S BY CERTAIN POWERPLANTS W i T H CAPACITIES OF L E S S T H A N 2 5 0 MiLLlON B T U ' S P E R
Exemption app ica 1 ity.
H O U R. — (1) Subject to paragraph (2), after consideration of a petition (and comments thereon) for an exemption from any prohibition of subtitle A for the use of n a t u r a l gas by a powerplant, the Secretary shall, by order, g r a n t a permanent exemption under this subsection for such use, if he finds that the petitioner has demonstrated that— (A) such powerplant has a design capability of consuming fuel (or any mixture thereof) a t a fuel heat input rate of less than 250 million Btu's per h o u r; (B) such powerplant was a baseload powerplant on April 20, 1977; and (C) such powerplant is not capable of consuming coal without— (i) substantial physical modification of the u n i t; or (ii) substantial reduction in the rated capacity of the unit (as determined by the Secretary). ^2) A n exemption under this subsection may only apply to the prohibitions under section 301 and prohibitions established by final rules or orders issued before January 1, 1990. (i) P E R M A N E N T E X E M P T I O N FOR THE U S E OF L N G BY CERTAIN POWER-
PLANTS.—After consideration of a petition ( and comments thereon) for an exemption from one or more of the prohibitions of subtitle A for a powerplant, the Secretary shall, by order, g r a n t a permanent exemption under this subsection for the use of liquefied n a t u r a l gas if the Administrator of the Environmental Protection Agency (or the appropriate State a i r pollution control agency) has certified to the Secretary that the use of coal by such powerplant as a primary energy source will cause or contribute to a concentration, in an air uality control region or an;^ area within such region, of a pollutant or which any national ambient air quality standard is or would be exceeded for such region or area and the use of coal would not comply with applicable environmental requirements.
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(j) P E R M A N E N T E X E M P T I O N FOR INSTALLATIONS SERVED BY CERTAIN INTERNATIONAL P I P E L I N E S. — (1) After consideration of a petition
(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 for the use of natural gas, if he finds that the petitioner has demonstrated that— (A) such installation's p r i m a r y source of natural gas is under a contract with a pipeline between Canada and the United States which cannot be cancelled by the petitioner without his suffering substantial financial penalty;
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