§ 7424. Assurance of adequacy of State plans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 title I § 122 · 91 Stat. 685

   Enacted · 42 U.S.C. § 7424

   (July 14, 1955, ch. 360, title I, § 124, as added Pub. L. 95–95, title I, § 122, Aug. 7, 1977, 91 Stat. 722.)

   Source evidence

   Code source credit
   (July 14, 1955, ch. 360, title I, § 124, as added Pub. L. 95–95, title I, § 122, Aug. 7, 1977, 91 Stat. 722.)

   Enacted provision · exact public law section
   Sec. 122. assurance of plan adequacy Part A of title I of the Clean Air Act is amended by adding the following new sections at the end thereof: “Sec. 124. “assurance of adequacy of state plans (a) As expeditiously as practicable but not later than one year after date of enactment of this section, each State shall review the provisions of its implementation plan which relate to major fuel burning sources and shall determine— “(1) the extent to which compliance with requirements of such plan is dependent upon the use by major fuel burning stationary sources of petroleum products or natural gas, “(2) the extent to which such plan may reasonably be anticipated to be inadequate to meet the requirements of this Act in such State on a reliable and long-term basis by reason of its dependence upon the use of such fuels, and “(3) the extent to which compliance with the requirements of such plan is dependent upon use of coal or coal derivatives which is not locally or regionally available. Each State shall submit the results of its review and its determination under this paragraph to the Administrator promptly upon completion thereof. “(b) (1) Not later than eighteen months after the date of enactment of this section, the Administrator shall review the submissions of the States under subsection (a) and shall require each State to revise its plan if, in the judgment of the Administrator, such plan revision is necessary to assure that such plan will be adequate to assure compliance with the requirements of this Act in such State on a reliable and long-term basis, taking into account the actual or potential prohibitions on use of petroleum products or natural gas, or both, under any other authority of law. “(2) Before requiring a plan revision under this subsection, with respect to any State the Administrator shall take into account the report of the review conducted by such State under paragraph (1) and shall consult with the Governor of the State respecting such required revision. “Sec. 125. “measures to prevent economic disruption or unemployment (a) 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) 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) 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 Consumer costs, consideration. 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 with 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 only to existing or new major fuel burning Applicability. stationary sources— “(1) which have the design capacity to produce 250,000,000 BTC’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. 42 USC 7411. Ante, pp. 704, 705. Ante, p. 714. “(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 Ante, p. 694. plan (or portion thereof) promulgated under section 110(c), any rule or order under subsection (c) corresponding to a prohibition under subsection (b), shall be treated as a part of such plan. For purposes Ante, pp. 704, 705. of section 113, a prohibition under subsection (b), applicable to any source, and a corresponding rule or order under subsection (c), shall be treated as part of the applicable implementation plan for the State in which subject source is located. “(g) 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 m any other manner he deems suitable. “(h) 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.”.

1 of 1 references resolved to an enrolled provision