Page:United States Statutes at Large Volume 92 Part 3.djvu/654

 92 STAT. 3286 42 USC 6215. 42 USC 7428.

42 USC 7412. Order or rule.

PUBLIC LAW 95-619—NOV. 9, 1978 "SEC. 107. (a) No Governor of a State may issue any order or rule pursuant to section 125 of the Clean Air Act to any major fuel burning stationary source (or class or category thereof) — "(1) prohibiting such source from using fuels other than locally or regionally av^tilable coal or coal derivatives, or "(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives. "(b)(1) The Governor of any State may petition the President to exercise the President's authorities pursuant to section 125 of the Clean Air Act with respect to any major fuel burning stationary source located in such State. "(2) Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source 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 pursuant to section 110 of the Clean Air Act. "^^^ Within 90 days after the submission of a Governor's petition under subsection (b), the President shall either issue an order or rule pursuant to section 125 of the Clean Air Act or deny such petition, stating in writing his reasons for such denial. In making his determination to issue such an order or rule pursuant to this subsection, the President must find that such order or rule would— "(1) be consistent with section 125 of the Clean Air Act; "(2) result in no significant increase in the consumption of energy; "(3) not subject the ultimate consumer to significantly higher energy costs; and "(4) not violate any contractual relationship between such source and any supplier or transporter of fuel to such source. "(d) Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law. "(e) The terms 'major fuel burning stationary source (or class or category thereof)' and 'locally or regionally available coal or coal derivatives' shall have the meanings assigned to them for the purposes of section 125 of the Clean Air Act.". PART 5—STUDIES SEC. 681. OFF-HIGHWAY MOTOR VEHICLES.

(a) IN GENERAL.—Title III of the Energy Policy and Conservation Act is amended by adding the following new part at the end thereof: "PART I—OFF-HIGHWAT MOTOR VEHICLES " O F F - H I G H W A T MOTOR VEHICLE CONSERVATION

42 USC 6373.

STUDY

"SEC. 385. Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a study of

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