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U.S. Code as of:
01/19/04
Section 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) of this section -
(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) of
this section, or the Administrator, in the case of an action under
subsection (b)(2) or (3) of this section 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) of this section.
(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
Except as may otherwise be provided by rule by the State or the
Administrator for good cause, any action required to be taken by a
major fuel burning stationary source under this section shall not
be deemed to constitute a modification for purposes of section
7411(a)(2) and (4) of this title.
(f) Treatment of prohibitions, rules, or orders as requirements or
parts of plans under other provisions
For purposes of sections 7413 and 7420 of this title a
prohibition under subsection (b) of this section, and a
corresponding rule or order under subsection (c) of this section,
shall be treated as a requirement of section 7413 of this title.
For purposes of any plan (or portion thereof) promulgated under
section 7410(c) of this title, any rule or order under subsection
(c) of this section corresponding to a prohibition under subsection
(b) of this section, shall be treated as a part of such plan. For
purposes of section 7413 of this title, a prohibition under
subsection (b) of this section, applicable to any source, and a
corresponding rule or order under subsection (c) of this section,
shall be treated as part of the applicable implementation plan for
the State in which subject source is located.
(g) Delegation of Presidential authority
The President may delegate his authority under this section to an
officer or employee of the United States designated by him on a
case-by-case basis or in any other manner he deems suitable.
(h) "Locally or regionally available coal or coal derivatives"
defined
For the purpose of this section the term "locally or regionally
available coal or coal derivatives" means coal or coal derivatives
which is, or can in the judgment of the State or the Administrator
feasibly be, mined or produced in the local or regional area (as
determined by the Administrator) in which the major fuel burning
stationary source is located.
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