42 USC 7425 - Measures to prevent economic disruption or unemployment

U.S Code last checked for updates: May 02, 2024

§ 7425.

Measures to prevent economic disruption or unemployment

(a)

Determination that action is necessary

After notice and opportunity for a public hearing—

(1)

the Governor of any State in which a major fuel burning stationary source referred to in this subsection (or class or category thereof) is located,

(2)

the Administrator, or

(3)

the President (or his designee),

may determine that action under subsection (b) of this section is necessary to prevent or minimize significant local or regional economic disruption or unemployment which would otherwise result from use by such source (or class or category) of—

(A)

coal or coal derivatives other than locally or regionally available coal,

(B)

petroleum products,

(C)

natural gas, or

(D)

any combination of fuels referred to in subparagraphs (A) through (C),

to comply with the requirements of a State implementation plan.

(b)

Use of locally or regionally available coal or coal derivatives to comply with implementation plan requirements

Upon a determination under subsection (a)—

(1)

such Governor, with the written consent of the President or his designee,

(2)

the President’s designee with the written consent of such Governor, or

(3)

the President

may by rule or order prohibit any such major fuel burning stationary source (or class or category thereof) from using fuels other than locally or regionally available coal or coal derivatives to comply with implementation plan requirements. In taking any action under this subsection, the Governor, the President, or the President’s designee as the case may be, shall take into account, the final cost to the consumer of such an action.

(c)

Contracts; schedules

The Governor, in the case of action under subsection (b)(1), or the Administrator, in the case of an action under subsection (b)(2) or (3) shall, by rule or order, require each source to which such action applies to—

(1)

enter into long-term contracts of at least ten years in duration (except as the President or his designee may otherwise permit or require by rule or order for good cause) for supplies of regionally available coal or coal derivatives,

(2)

enter into contracts to acquire any additional means of emission limitation which the Administrator or the State determines may be necessary to comply with the requirements of this chapter while using such coal or coal derivatives as fuel, and

(3)

comply with such schedules (including increments of progress), timetables and other requirements as may be necessary to assure compliance with the requirements of this chapter.

Requirements under this subsection shall be established simultaneously with, and as a condition of, any action under subsection (b).

(d)

Existing or new major fuel burning stationary sources

This section applies only to existing or new major fuel burning stationary sources—

(1)

which have the design capacity to produce 250,000,000 Btu’s per hour (or its equivalent), as determined by the Administrator, and

(2)

which are not in compliance with the requirements of an applicable implementation plan or which are prohibited from burning oil or natural gas, or both, under any other authority of law.

(e)

Actions not to be deemed modifications of major fuel burning stationary sources

(f)

Treatment of prohibitions, rules, or orders as requirements or parts of plans under other provisions

(g)

Delegation of Presidential authority

(h)

“Locally or regionally available coal or coal derivatives” defined

(July 14, 1955, ch. 360, title I, § 125, as added Pub. L. 95–95, title I, § 122, Aug. 7, 1977, 91 Stat. 722.)

cite as: 42 USC 7425