15 U.S.C. § 792 — Coal conversion and allocation

Page 1252 TITLE 15—COMMERCE AND TRADE § 791 1 See References in Text note below. Sec. 793. Protection of public health and environment. 794. Energy conservation study. 795. Report to Congress by January 31, 1975. 796. Reporting of energy information. 797. Enforcement. 798. Definitions. § 791. Congressional declaration of purpose The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent prac- ticable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting en- ergy resources. (Pub. L. 93–319, § 1(b), June 22, 1974, 88 Stat. 246.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–319 which, in addition to enacting this chapter and provision set out as a note under this section, enacted sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amended sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 93–319, § 1(a), June 22, 1974, 88 Stat. 246, pro- vided that Pub. L. 93–319 [enacting this chapter, enact- ing sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amending sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42] may be cited as the ‘‘En- ergy Supply and Environmental Coordination Act of 1974’’. § 792. Coal conversion and allocation (a) Powerplant and fuel burning installations The Federal Energy Administrator— (1) shall, by order, prohibit any powerplant, and (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the require- ments of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction re- quirement under subsection (c). (b) Prerequisites to issuance or effectiveness of orders prohibiting use of natural gas or pe- troleum products as primary energy source The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or instal- lation unless the Federal Energy Adminis- trator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this chapter, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Fed- eral Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, com- plies with the requirements of this section. (2)(A) Before issuing an order under sub- section (a) which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Adminis- trator (i) shall give notice to the public and af- ford interested persons an opportunity for written presentations of data, views, and argu- ments, (ii) shall consult with the Adminis- trator of the Environmental Protection Agen- cy, and (iii) shall take into account the likeli- hood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 1857c–10(d)(1)(A) 1 of title 42 is the earliest date that such plant or in- stallation will be able to comply with the air pollution requirements which will be applica- ble to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursu- ant to section 1857c–10(d)(3)(B) 1 of title 42. (3)(A) Before issuing an order under sub- section (a) which is applicable to a powerplant or installation after June 30, 1975 (or modi- fying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal En- ergy Administrator shall give notice to the public and afford interested persons an oppor- tunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) de- scribed in subparagraph (A) of this paragraph shall not become effective until (i) the Admin- istrator of the Environmental Protection Agency notifies the Federal Energy Adminis- trator under section 1857c–10(d)(1)(B) 1 of title 42 that such plant or installation will be able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution re- quirements without a compliance date exten- sion under section 1857c–10(c) 1 of title 42, or (ii) if such notification is not given, the date which the Administrator of the Environ- mental Protection Agency certifies pursuant to section 1857c–10(d)(1)(B) 1 of title 42 is the earliest date that such plant or installation will be able to comply with all applicable re- quirements of such 1857c–10 1 of title 42. Such order (or modification) shall not be effective Page 1253 TITLE 15—COMMERCE AND TRADE § 792 during any period certified by the Adminis- trator of the Environmental Protection Agen- cy under section 1857c–10(d)(3)(B) 1 of title 42. (c) Construction and design of powerplants or other major fuel burning installations The Federal Energy Administrator may re- quire that any powerplant or other major fuel burning installation in the early planning proc- ess (other than a combustion gas turbine or combined cycle unit) be designed and con- structed so as to be capable of using coal as its primary energy source. No powerplant or other major fuel burning installation may be required under this subsection to be so designed and con- structed, if the Administrator determines that (1) in the case of a powerplant to do so is likely to result in an impairment of reliability or ade- quacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and con- struction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual com- mitment for the construction of such facilities and the capability of the owner to recover any capital investment made as a result of any re- quirement imposed under this subsection. (d) Allocation of coal The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this chapter. (e) Definitions For purposes of this section: (1) The term ‘‘powerplant’’ means a fossil- fuel fired electric generating unit which pro- duces electric power for purposes of sale or ex- change. (2) The term ‘‘coal’’ includes coal deriva- tives. (f) Expiration of authority; effective dates (1) Authority to issue orders or rules under subsections (a) through (d) of this section shall expire at midnight, December 31, 1978. Such a rule or order may take effect at any time before January 1, 1985. (2) Authority to amend, repeal, rescind, mod- ify, or enforce such rules or orders shall expire at midnight, December 31, 1984; but the expira- tion of such authority shall not affect any ad- ministrative or judicial proceeding which re- lates to any act or omission which occurred prior to January 1, 1985. (Pub. L. 93–319, § 2, June 22, 1974, 88 Stat. 246; Pub. L. 94–163, title I, § 101, Dec. 22, 1975, 89 Stat. 875; Pub. L. 95–70, § 7, July 21, 1977, 91 Stat. 277.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 93–319. For complete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Tables. Section 1857c–10 of title 42, referred to in subsec. (b)(2)(B), (3)(B), was in the original a reference to sec- tion 119 of the Clean Air Act, and was repealed by Pub. L. 95–95, § 112(b), which provided in part that references in this section to section 1857c–10 shall be construed to refer to section 7413(d) of title 42 and to paragraph (5) thereof in particular. Subsequently, section 7413 of title 42 was amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, subsec. (d) no longer relates to final compliance orders. See section 7413(a) of title 42 for provisions relating generally to compliance orders. For further details, see Compliance Orders note set out below. AMENDMENTS 1977—Subsec. (f)(1). Pub. L. 95–70 substituted ‘‘shall expire at midnight, December 31, 1978’’ for ‘‘shall expire at midnight, June 30, 1977’’. 1975—Subsec. (a). Pub. L. 94–163, § 101(b), authorized the Administrator to prohibit any powerplant or other fuel burning installation from burning natural gas or petroleum products as its primary energy source if such powerplant or other installation is required to meet a design or construction requirement under sub- sec. (c) of this section. Subsec. (c). Pub. L. 94–163, § 101(c), inserted ‘‘or other major fuel burning installation’’ after ‘‘powerplant’’ wherever appearing and inserted ‘‘in the case of a pow- erplant’’ after ‘‘if the Administrator determines that (1)’’. Subsec. (f)(1). Pub. L. 94–163, § 101(a)(1), substituted ‘‘June 30, 1977’’ for ‘‘June 30, 1975’’ and ‘‘January 1, 1985’’ for ‘‘January 1, 1979’’. Subsec. (f)(2). Pub. L. 94–163, § 101(a)(2), substituted ‘‘December 31, 1984’’ for ‘‘December 31, 1978’’ and ‘‘Janu- ary 1, 1985’’ for ‘‘January 1, 1979’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. COMPLIANCE ORDERS Pub. L. 95–95, title I, § 112(b), Aug. 7, 1977, 91 Stat. 709, repealed section 119 of the Clean Air Act, which was classified to section 1857c–10 of Title 42, The Public Health and Welfare, and which related to the Adminis- trator’s authority to deal with the energy shortage. Section 112(b) of Pub. L. 95–95 provided that: ‘‘(1) Section 119 of such Act [section 1857c–10 of Title 42, The Public Health and Welfare] is hereby repealed. All references to such section 119 [section 1857c–10 of Title 42] or subsections thereof in section 2 of the En- ergy Supply and Environmental Coordination Act of 1974 (Public Law 93–319) [this section] or any amend- ment thereto, or any subsequent enactment which su- persedes such Act [Pub. L. 93–319, June 22, 1974, 88 Stat. 246], shall be construed to refer to section 113(d) of the Clean Air Act [section 7413(d) of Title 42] and to para- graph (5) thereof in particular. Any certification or no- tification required to be given by the Administrator of the Environmental Protection Agency under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act, shall be given only when the Governor of the State in which is located the source to which the proposed order under section 113(d)(5) of the Clean Air Act [section 7413(d)(5) of Title 42] is to be issued gives his prior writ- ten concurrence. ‘‘(2) In the case of any major stationary source to which any requirement is applicable under section 113(d)(5)(B) of the Clean Air Act [section 7413(d)(5)(B) of Title 42] and for which certification is required under section 2 of the Energy Supply and Environmental Co- ordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes Page 1254 TITLE 15—COMMERCE AND TRADE § 793 1 See References in Text note below. such Act [Pub. L. 93–319], the Administrator of the En- vironmental Protection Agency shall certify the date which he determines is the earliest date that such source will be able to comply with all such require- ments. In the case of any plant or installation which the Administrator of the Environmental Protection Agency determines (after consultation with the State) will not be subject to an order under section 113(d) of the Clean Air Act [section 7413(d) of Title 42] and for which certification is required under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Pub. L. 93–319], the Administrator of the Environmental Pro- tection Agency shall certify the date which he deter- mines is the earliest date that such plant or installa- tion will be able to burn coal in compliance with all ap- plicable emission limitations under the implementa- tion plan. ‘‘(3) Any certification required under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Pub. L. 93–319], or under this subsection may be provided in an order under section 113(d) of the Clean Air Act [sec- tion 7413(d) of Title 42].’’ § 793. Protection of public health and environ- ment (a) Distribution of low sulfur fuel Any allocation program provided for in sec- tion 792 of this title or in the Emergency Petro- leum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Pro- tection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health. (b) Study of chronic effects of sulfur oxide emis- sions among exposed populations In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 1 of the Clean Air Act [42 U.S.C. 1857c–10] applies, the Department of Health and Human Services shall, through the National In- stitute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended. (c) Major Federal actions significantly affecting the quality of the human environment (1) No action taken under the Clean Air Act [42 U.S.C. 7401 et seq.] shall be deemed a major Fed- eral action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (2) No action under section 792 of this title for a period of one year after initiation of such ac- tion shall be deemed a major Federal action sig- nificantly affecting the quality of the human en- vironment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. However, before any action under sec- tion 792 of this title that has a significant im- pact on the environment is taken, if practicable, or in any event within sixty days after such ac- tion is taken, an environmental evaluation with analysis equivalent to that required under sec- tion 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)], to the greatest extent practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment pe- riod after which a public hearing shall be held upon request to review outstanding environ- mental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Envi- ronmental Policy Act by the appropriate Fed- eral agency. Any action taken under section 792 of this title which will be in effect for more than a one-year period or any action to extend an ac- tion taken under section 792 of this title to a total period of more than one year shall be sub- ject to the full provisions of the National Envi- ronmental Policy Act, notwithstanding any other provision of this chapter. (d) Importation of hydroelectric energy In order to expedite the prompt construction of facilities for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pur- suant to Executive Order 10485 of September 3, 1953, for the construction, operation, mainte- nance, and connection of facilities for the trans- mission of electric energy at the borders of the United States without preparing an environ- mental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 [42 U.S.C. 4332] for facilities for the trans- mission of electric energy between Canada and the United States in the vicinity of Fort Cov- ington, New York. (Pub. L. 93–319, § 7, June 22, 1974, 88 Stat. 259; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which pro- vided for the expiration of the President’s authority under that chapter on Sept. 30, 1981. Section 119 of the Clean Air Act [42 U.S.C. 1857c–10], referred to in subsec. (b), was repealed by Pub. L. 95–95, § 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders note under section 792 of this title. A new section 119 of the Clean Air Act was added by Pub. L. 95–95, § 117(b), and is classified to section 7419 of Title 42, The Public Health and Welfare. The Clean Air Act, referred to in subsec. (c), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act of the Code, see Short Title note set out under section 7401 of Title 42 and Tables.