Page:United States Statutes at Large Volume 92 Part 3.djvu/688

 92 STAT. 3320

PUBLIC LAW 95-620—NOV. 9, 1978 (4) For purposes of this subsection, the provisions of this subsection supersede the provisions of title II of the Act of September 14, 1976 (Public Law 94-412; 50 U.S.C. 1621 and following). (e) DELEGATION o r AUTHORITY P R O H I B I T E D. — The authority of the

Publication in Federal Register.

President to issue any order under this section may not be delegated. This subsection shall not be construed to prevent the President from directing any Federal agency to issue rules or regulations or take such other action, consistent with this section, in the implementation of such order. (f) PUBLICATION AND REPORTS TO CONGRESS OF ORDERS.—Any o r d e r

issued under this section shall be published in the Federal Register. To the greatest extent practicable, the President shall, before issuing any order under this section, but in no event later than 6 days after issuing such order, report to the Congress of his intention to issue such order and state his reasons therefor. (g) EMERGENCY U S E S o r NATURAL G A S OR P E T R O L E U M. — (1)

Ante, p. 3292.

42 USC 8375.

Permit, issuance.

42 USC 7401 note. 42 USC 7410.

During

a temporary emergency condition (other than emergency conditions )rovided for under section 103(a) ( 1 5)), any person operating a peakoad powerplant or a major fuel-burning installation may, under rules prescribed by the Secretary, use n a t u r a l gas or petroleum as a p r i m a r y energy source in such powerplant or installation, notwithstanding any prohibition otherwise imposed by or pursuant to this Act, if— (A) such person notifies the Secretary within 24 hours after commencing such use; and (B) the Secretary has not notified such person that in his judgment the emergency condition does not exist or does not w a r r a n t the use of n a t u r a l gas or petroleum involved. (2) W i t h i n 90 days after the effective date of this Act, the Secretary shall, by rule, prescribe the form and content of such notices and the conditions which may constitute a temporary emergency. (3) H o u r s of operation allowed under paragraph (1) shall not be included in the peakload powerplant's operating hours for the purposes of the penalties in section 723(b). SEC. 405. AUTHORITY TO RESTRICT INCREASED USES OF PETROLEUM BY EXISTING POWERPLANTS. The Secretary shall, by rule, require that, in the case of any existing electric powerplant which during calendar year 1977 uses coal or another alternate fuel as a p r i m a r y energy source, petroleum may not be used in such powerplant as a p r i m a r y energy source in excess of the quantities of petroleum used in such powerplant as a p r i m a r y energy source during such year unless a permit is issued by the Secretary authorizing such increased use of petroleum. Such permit shall be issued if— (1) the Administrator of the Environmental Protection Agency (or the appropriate State air pollution control agency) certifies to the Secretary (A) that the powerplant cannot comply with the requirements of the Clean A i r Act, including any applicable implementation plan, as defined i n section 110(d) of the Clean A i r Act, without the issuance of such permit and (B) the petitioner has established the duration of the need for increased petroleum to comply with such p l a n; and (2) the a p p r o p r i a t e State regulatory authority has certified to the Secretary that the increased use of petroleum by such powerplant is necessary to prevent impairment of reliability of service. Such permit shall be issued only for such period as the Secretary determines necessary under paragraph (1) or (2) for such increased use of petroleum.

{

�