42 USC § 8471 - Effect on environmental requirements

---
identifier: "/us/usc/t42/s8471"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 8471 - Effect on environmental requirements"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "8471"
section_name: "Effect on environmental requirements"
chapter_number: 92
chapter_name: "POWERPLANT AND INDUSTRIAL FUEL USE"
subchapter_number: "VII"
subchapter_name: "ADMINISTRATION AND ENFORCEMENT"
part_number: "G"
part_name: "Coordination With Other Provisions of Law"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 8471. Effect on environmental requirements

**(a)** **Compliance with applicable environmental requirements** section 8374 of this title

Except as provided in , 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—

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.

**(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,

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**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 , , , 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  and Tables.

### Amendments

1987—Subsec. (a).  struck out “or major fuel-burning installation” after “powerplant”.