Page:United States Statutes at Large Volume 91.djvu/757

 PUBLIC LAW 95-95—AUG. 7, 1977 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, "TB) 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) Upon a determination under subsection (a)— "(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) The Governor, in the case of action under subsection (b)(1), or the Administrator, in the case of an action under subsection (b) (2) or (3) 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 wath the requirements of this Act 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 Act. Requirements under this subsection shall be established simultaneously with, and as a condition of, any action under subsection (b). "(d) This section applies onl}^ to existing or new major fuel burning stationary Gources^— "(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) 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 111(a) (2) and (4) of this Act. "(f) For purposes of sections 113 and 120 a prohibition under subsection (b), and a corresponding rule or order under subsection (c), shall be treated as a requirement of section 113. For purposes of any

91 STAT. 723

Consumer costs, consideration.

Applicability

42 USC 7411. Ante, pp. 704, 705. Ante, p. 714.

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