2020 US Code
Title 42 - The Public Health and Welfare
Chapter 92 - Powerplant and Industrial Fuel Use
Subchapter VII - Administration and Enforcement
Part G - Coordination With Other Provisions of Law
Sec. 8471 - Effect on environmental requirements

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Citation 42 U.S.C. § 8471 (2020)
Section Name §8471. Effect on environmental requirements
Section Text (a) Compliance with applicable environmental requirements

Except as provided in section 8374 of this title, nothing in this chapter shall be construed as permitting any existing or new electric powerplant to delay or avoid compliance with applicable environmental requirements.

(b) Local environmental requirements

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.

Source Credit

(Pub. L. 95–620, title VII, §761, Nov. 9, 1978, 92 Stat. 3345; Pub. L. 100–42, §1(c)(23), May 21, 1987, 101 Stat. 314.)

Editorial Notes REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–42 struck out "or major fuel-burning installation" after "powerplant".

Publication Title United States Code, 2018 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 92 - POWERPLANT AND INDUSTRIAL FUEL USE
SUBCHAPTER VII - ADMINISTRATION AND ENFORCEMENT
Part G - Coordination With Other Provisions of Law
Sec. 8471 - Effect on environmental requirements
Contains section 8471
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law No
Disposition standard
Statutes at Large References 92 Stat. 3345, 3289
101 Stat. 314
Public Law References Public Law 95-620, Public Law 100-42
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