42 U.S.C. § 8374 — Emergency 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 the financial assistance program. 1–109. No conservation rule shall be used to enforce compliance with any prohibition under the Act [see Short Title note set out under 42 U.S.C. 8301] against any person or facility which has been specifically de- termined by the Secretary of Energy as subject to or exempt from a prohibition under the Act. The con- servation rules shall be used to enforce other new ways of achieving the purposes of the Act related to the con- servation of petroleum and natural gas. 1–110. In order to assess the effectiveness of this pro- gram, each agency shall annually prepare a report on its activities in accord with Section 403(b)(1)(B) of the Act [42 U.S.C. 8373(b)]. These reports shall be submitted to the President through the Secretary of Energy. 1–111. The Secretary of Energy shall prepare for the President’s consideration and transmittal to the Con- gress the report required by Section 403(c) of the Act [42 U.S.C. 8373(c)]. 1–112. The Director of the Office of Management and Budget may issue any rules, regulations, or orders he deems necessary to ensure the implementation of this Order. The Director may exercise any of the authority vested in the President by Section 403(b) of the Act [42 U.S.C. 8373(b)], and may redelegate such of that author- ity as he deems appropriate to the head of any other agency. JIMMY CARTER. EXECUTIVE ORDER NO. 12217 Ex. Ord. No. 12217, June 18, 1980, 45 F.R. 41623, which established the responsibilities and duties of Executive agencies for compliance with this chapter, was revoked by Ex. Ord. No. 12437, Aug. 11, 1983, 48 F.R. 36801. § 8374. Emergency authorities (a) Coal allocation authority (1) If the President— (A) declares a severe energy supply interrup- tion, as defined in section 6202(8) of this title, or (B) finds, and publishes such finding, that a national or regional fuel supply shortage ex- ists or may exist which the President deter- mines— (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 reli- ability of electric service or prevent unemploy- ment, or protect public health, safety, or wel- fare. (2) For purposes of this subsection, the term ‘‘coal’’ means anthracite and bituminous coal and lignite (but does not mean any fuel deriva- tive thereof). (b) Emergency prohibition on use of natural gas or petroleum If the President declares a severe energy sup- ply interruption, as defined in section 6202(8) of this title, the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petro- leum, or both, as a primary energy source for the duration of such interruption. Notwith- standing any other provision of this section, any suspension of emission limitations or other re- quirements of applicable implementation plans, as defined in section 7410(d) 1 of this title, re- quired by such prohibition shall be issued only in accordance with section 7410(f) of this title. (c) Emergency stays The President may, by order, stay the applica- tion 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 emer- gency exists, due to national, regional, or sys- temwide 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 dura- tion of the interruption or emergency, or 90 days, whichever is less. (2) Any such order may be extended by a sub- sequent order which the President shall trans- mit to the Congress in accordance with section 6421 of this title. Such order shall be subject to congressional review pursuant to such section. (3) Notwithstanding paragraph (1), the effec- tiveness 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. (4) For purposes of this subsection, the provi- sions of this subsection supersede the provisions of subchapter II of chapter 34 of title 50. Page 7601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8401 (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 pre- vent 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 great- est extent practicable, the President shall, be- fore 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. (Pub. L. 95–620, title IV, § 404, Nov. 9, 1978, 92 Stat. 3319; Pub. L. 100–42, § 1(c)(15), May 21, 1987, 101 Stat. 313.) Editorial Notes REFERENCES IN TEXT Section 7410(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 101–549, title I, § 101(d)(4), Nov. 15, 1990, 104 Stat. 2409. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Indus- trial Fuel Use Act of 1978, which is classified prin- cipally 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. Subchapter II (§ 1621 et seq.) of chapter 34 of title 50, referred to in subsec. (d)(4), was in the original ‘‘title II of the Act of September 14, 1976 (Public Law 94–412)’’, which is known as the National Emergencies Act. AMENDMENTS 1987—Subsec. (g). Pub. L. 100–42 struck out subsec. (g) which permitted use of natural gas or petroleum as pri- mary energy source in peakload powerplant or major fuel-burning installation during temporary emergency condition (other than emergency conditions provided for under section 8302(a)(15) of this title). § 8375. Repealed. Pub. L. 100–42, § 1(a)(5), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title IV, § 405, Nov. 9, 1978, 92 Stat. 3320, prohibited increased use of petroleum as pri- mary energy source in existing electric powerplants which, during calendar year 1977, used coal or another alternate fuel as primary energy source, unless permit authorizing such increased use had been issued by Sec- retary. SUBCHAPTER V—SYSTEM COMPLIANCE OPTION § 8391. Repealed. Pub. L. 100–42, § 1(a)(6), May 21, 1987, 101 Stat. 310 Section, Pub. L. 95–620, title V, § 501, Nov. 9, 1978, 92 Stat. 3321, mandated that existing electric powerplants owned or operated by an electric utility be considered in compliance with prohibitions under subchapter III of this chapter relating to use of natural gas if there is in effect an approved plan of system compliance for such utility, and set forth requirements for approval of such plan. SUBCHAPTER VI—FINANCIAL ASSISTANCE § 8401. Assistance to areas impacted by increased coal or uranium production (a) Designation of impacted areas (1) In accordance with such criteria and guide- lines as the Secretary of Agriculture shall, by rule, prescribe, the Governor of any State may designate any area within such State for the purposes of this section, if he finds that— (A) either (i) employment in coal or uranium production development activities in such area has increased for the most recent cal- endar year by 8 percent or more from the im- mediately preceding year or (ii) employment in such activities will increase 8 percent or more per year during each of the 3 calendar years beginning after the date of such finding; (B) such employment increase has required or will require substantial increases in hous- ing or public facilities and services or a com- bination of both in such area; and (C) the State and the local government or governments serving such area lack the finan- cial and other resources to meet any such in- creases in public facilities and services within a reasonable time. The Secretary of Agriculture shall prescribe a rule containing criteria and guidelines for mak- ing a designation under this subsection, after consultation with the Secretary of Labor and the Secretary of Energy, not later than 180 days after the effective date of this chapter. (2) For purposes of paragraph (1)(C), increased revenues, including severance tax revenues, roy- alties, and similar fees to the State and local governments which are associated with the in- crease in coal or uranium development activi- ties and which are not prohibited from being used under provisions of law in effect on Novem- ber 9, 1978, shall be taken into account in deter- mining if a State or local government lacks fi- nancial resources. (3) The Secretary shall, after consultation with the Secretary of Agriculture, approve any designation of an area under paragraph (1) only if— (A) the Governor of the State making the designation provides the Secretary in writing with the data and information on which such designation was made, together with such ad- ditional information as the Secretary may re- quire to carry out the purposes of this section; and (B) the Secretary determines that the re- quirements of subparagraphs (A), (B), and (C) of paragraph (1) have been met. (b) Planning grants (1) The Secretary of Agriculture may make a grant to any State in which there is an area des- ignated and approved under subsection (a) for the purposes of developing a plan for such area which shall include determinations of— (A) the anticipated level of coal or uranium production activities in such area; (B) the socio-economic impacts which have occurred or which are reasonably projected to occur as a result of the increase in coal or ura- nium production activities;