Page:United States Statutes at Large Volume 92 Part 3.djvu/687

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3319

the President and each Federal agency to implement this section, including the progress and problems associated with implementation of this section. SEC. 404. EMERGENCY AUTHORITIES. (a) COAL ALLOCATION AUTHORITY.—(1) If the President— 42 USC 8374. (A) declares a severe energy supply interruption, as defined in 42 USC 6202. section 3(8) of the Energy Policy and Conservation Act, or (B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines— (i) is, or is likely to be, of significant scope and duration, and of an emergency nature; (ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and (iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God; the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major luelburning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare. (2) For purposes of this subsection, the term "coal" mans anthra- "Coal.' cite and bituminous coal and lignite (but does not mean any fuel derivative thereof). (b)

EMERGENCY PROHIBITION ON USE OP NATURAL GAS OR PETRO-

LEUM.—If the President declares a severe energy supply interruption, as defined in section 3(8) of the Energy Policy and Conservation Act, the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emission limitations or other requirements of applicable implementation plans, as defined in section 110(d) of the Clean Air Act, required by such prohibition shall be issued only in accordance with section 110 (f) of the Clean Air Act. (c) EMERGENCY STAYS.—The President may, by order, stay the application of any provision of this Act, or any rule or order thereunder, applicable to any new or existing electric powerplant, if the President finds, and publishes such finding, that an emergency exists, due to national, regional, or systemwide shortages of coal or other alternate fuels, or disruption of transportation facilities, which emergency is likely to affect reliability of service of any such electric powerplant. (d) DURATION OF EMERGENCY ORDERS.—(1) Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the duration of the interruption or emergency, or 90 days, whichever is less. (2) Any such order may be extended by a subsequent order which the President shall transmit to the Congress in accordance with section 551 of the Energy Policy and Conservation Act. Such order shall be subject to congressional review pursuant to such section. (3) Notwithstanding paragraph (1), the effectiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under section 551 of the Energy Policy and Conservation Act.

42 USC 6202.

42 USC 7410.

Transmittal to Congress.

42 USC 6421. Congressional review.

42 USC 6421.

�