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42 U.S.C. § 8374 — Emergency authorities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Coal allocation authority**
(1) If the President—
(A) declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), or
(B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines—
(i) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and
(iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God;
the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare.
(2) For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof).
**(b) Emergency prohibition on use of natural gas or petroleum** If the President declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emissio
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Source location: Title 42, Chapter 92, § 8374; chapter-092-powerplant-and-industrial-fuel-use.md
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**(a) Coal allocation authority**
(1) If the President—
(A) declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), or
(B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines—
(i) is, or is likely to be, of significant scope and duration, and of an emergency nature;
(ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and
(iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God;
the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare.
(2) For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof).
**(b) Emergency prohibition on use of natural gas or petroleum** If the President declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emission limitations or other requirements of applicable implementation plans, as defined in section 7410(d) 11 See References in Text note below. of this title, required by such prohibition shall be issued only in accordance with [section 7410(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim).
**(c) Emergency stays** The President may, by order, stay the application of any provision of this chapter, or any rule or order thereunder, applicable to any new or existing electric powerplant, if the President finds, and publishes such finding, that an emergency exists, due to national, regional, or systemwide shortages of coal or other alternate fuels, or disruption of transportation facilities, which emergency is likely to affect reliability of service of any such electric powerplant.
**(d) Duration of emergency orders**
(1) Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the duration of the interruption or emergency, or 90 days, whichever is less.
(2) Any such order may be extended by a subsequent order which the President shall transmit to the Congress in accordance with [section 6421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6421&num=0&edition=prelim). Such order shall be subject to congressional review pursuant to such section.
(3) Notwithstanding paragraph (1), the effectiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under [section 6421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6421&num=0&edition=prelim).
(4) For purposes of this subsection, the provisions of this subsection supersede the provisions of subchapter II of chapter 34 of title 50.
**(e) Delegation of authority prohibited** The authority of the President to issue any order under this section may not be delegated. This subsection shall not be construed to prevent the President from directing any Federal agency to issue rules or regulations or take such other action, consistent with this section, in the implementation of such order.
**(f) Publication and reports to Congress of orders** Any order issued under this section shall be published in the Federal Register. To the greatest extent practicable, the President shall, before issuing any order under this section, but in no event later than 5 days after issuing such order, report to the Congress of his intention to issue such order and state his reasons therefor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended 11 So in original. Probably should be “expanded”. use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and
(2) the purposes of this chapter are furthered in cases in which coal or other alternate fuels are used by electric powerplants, consistent with applicable environmental requirements, as primary energy sources in lieu of natural gas or petroleum.
**(b) Statement of purposes** The purpose 22 So in original. Probably should be “purposes”. of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are—
(1) to reduce the importation of petroleum and increase the Nation’s capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States;
(2) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum, as a primary energy source;
(3) to the extent permitted by this chapter, to encourage the use of synthetic gas derived from coal or other alternate fuels;
(4) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities;
(5) to encourage the modernization or replacement of existing and new electric powerplants which utilize natural gas or petroleum as a primary energy source
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6421
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rulemaking** Except to the extent otherwise provided in this section or other provisions of this chapter, rules prescribed under this chapter shall be made in accordance with the procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
**(b) Notices of rules and orders imposing prohibitions** Before the Secretary prescribes any rule or issues any order imposing a prohibition under this chapter, he shall publish such proposed rule or order in the Federal Register, together with a statement of the reasons for such rule or order and, in the case of a rule, a detailed statement of any special circumstances or characteristics required to be taken into account in prescribing such rule. A copy shall be transmitted to the person who operates any such powerplant required to be specifically identified in such rule or order.
**(c) Petitions for exemptions**
(1) Any petition for an exemption from any prohibition under this chapter shall be filed at such time and shall be in such form as the Secretary shall by rule prescribe. The Secretary, upon receipt of such petition, shall publish a notice thereof in the Federal Register together with a statement of the reasons set forth in such a petition for requesting such exemption, and provide a period of public comment of at least 45 days for written comments thereon. Rules required under this paragraph shall be prescribed not later than 120 days after November 9, 1978.
(2) The Secretary, upon receipt of such petition, shall notify the appropriate State agencies having primary authority to permit or regulate the construction or operation of the electric powerplant which is the subject of such petition, and, to the maximum extent
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication and delay of prohibition or exemption to allow for review** Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published.
**(b) Publication of denial of exemption or permit** Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action.
**(c) Judicial review**
(1) Any person aggrieved by any final rule or order referred to in subsection (a) or in [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim), or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with applicable environmental requirements** Except as provided in [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8352/b&num=0&edition=prelim); and the existence of such prohibition shall not be construed to preempt such local requirement with respect to that facility.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8471
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Federal law — U.S. Code and appendices · legal_authorities
Page 7600
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8374
1 See References in Text note below.
nificant opportunity for conservation. The public shall
be given 60 days to submit comments, including sugges-
tions for rules which would effectuate the conservation
purposes of the Act [see Short Title note set out under
42 U.S.C. 8301].
1–104. After receiving public comment and sugges-
tions, and after consulting with the Director of the Of-
fice of Management and Budget, each agency shall pub-
lish proposed rules designed to achieve conservation of
petroleum and natural gas in connection with the re-
ceipt of financial assistance.
Proposed rules should be published within 30 days of
the close of the comment period under Section 1–103.
1–105. Final rules shall be adopted by each agency in
accordance with the provisions of Sections 102(b) [42
U.S.C. 8301(b)], 403(b) [42 U.S.C. 8373(b)] and 701(a) [42
U.S.C. 8411(a)] of the Powerplant and Industrial Fuel
Use Act of 1978, and the provisions of this Order, not
later than 180 days from the date of this Order.
1–106. No one shall be awarded any financial assist-
ance unless that award complies with the provisions of
the conservation rules adopted by the agency pursuant
to this Order.
1–107. To the extent permitted by law and where not
inconsistent with the financial assistance program,
final rules may provide for the reduction or suspension
of financial assistance under any award. Such reduc-
tion or suspension shall not be ordered until there has
been an opportunity for a hearing on the record, and
shall last for such time as the recipient fails to comply
with the terms of the conservation rule.
1–108. No conservation rule shall be adopted which is
inconsistent with the statutory provisions establishing
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8374
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