
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7425]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 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.

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


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
provided, see section 406(d) of Pub. L. 95-95, set out as an Effective 
Date of 1977 Amendment note under section 7401 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6215 of this title.
