APPENDIX V RELEVANT MATERIALS CONCERNING THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT of 1974 (P.L. 93-319) AND ITS IMPLE MENTATION Public Law 93-319 93rd Congress, H. R. 14368 June 22, 1974 An Act To provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE. 88 STAT. 246 Energy Supply and Environmental Coordination Act (a) This Act, including the following table of contents, may be cited as the "Energy Supply and Environmental Coordination Act of 1974. of 1974". 15 USC 791 note. (b) The purposes of this Act are (1) to provide for a means to 15 USC 791. assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources. SEC. 2. COAL CONVERSION AND ALLOCATION. (a) The Federal Energy Administrator (1) shall, by order, prohibit any powerplant, and (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the Federal Energy Administrator determines such powerplant or installation on the date of enactment of this Act has the capability and necessary plant equipment to burn coal, and if the requirements of subsection (b) are met. (b) The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this Act, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies with the requirements of this section. 15 USC 792. Powerplant and fuel burning installations. 88 STAT, 247 Public notice. Post, p. 248. Powerplant, con- Pub. Law 93-319 - 2 June 22, 1974 (2) (A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d) (1) (A) of such Act is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 119 (d) (3) (B) of such Act. (3)(A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation after June 30, 1975 (or modifying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal Energy Administrator shall give notice to the public and afford interested persons an opportunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 119 (d) (1) (B) of the Clean Air Act that such plant or installation will be able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance. date extension under section 119 (c) of such Act, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d) (1) (B) of such Act is the earliest date that such plant or installation will be able to comply with all applicable requirements of such section 119. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 119 (d)(3) (B) of such Act. (c) The Federal Energy Administrator may require that any powerplant in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any June 22, 1974 3 Pub. Law 93-319 capital investment made as a result of any requirement imposed under this subsection. (d) The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this Act. (e) For purposes of this section: 88 STAT 248 (1) The term "powerplant" means a fossil-fuel fired electric "Powerplant." generating unit which produces electric power for purposes of sale or exchange. (2) The term "coal" includes coal derivatives. "Coal." (f) (1) Authority to issue orders or rules under subsections (a) Expiration and through (d) of this section shall expire at midnight, June 30, 1975. effective dates. Such a rule or order may take effect at any time before January 1, 1979. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1978; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1979. SEC. 3. SUSPENSION AUTHORITY. Title I of the Clean Air Act is amended by adding at the end thereof 81 Stat. 485. the following new section: 42 USC 1857. "ENERGY-RELATED AUTHORITY "SEC. 119. (a) For purposes of this section: Definitions. "(1) The term 'stationary source fuel or emission limitation' 42 USC 1857c-10. means any emission limitation, schedule or timetable of compliance, or other requirement, which is prescribed under this Act (other than this section, or section 111 (b), 112, or 303) or contained in an applicable implementation plan (other than a requirement imposed under authority described in section 110 (a) (2) (F) (v)), and which limits, or is designed to limit, stationary source emissions resulting from combustion of fuels, including a prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic. "(2) The term 'air pollution requirement' means any emission limitation, schedule or timetable for compliance, or other requirement, which is prescribed under any Federal, State, or local law or regulation, including this Act (except for any requirement prescribed under subsection (c) or (d) of this section, section 110 (a) (2) (F) (v), or section 303), and which limits stationary source emissions resulting from combustion of fuels (including a prohibition on, or specfication of, the use of any fuel of any type, grade, or pollution characteristic). "(3) The terms 'stationary source' and 'source' have the same meaning as the term 'stationary source' has under section 111(a) (3); except that such terms include any owner or operator (as defined in section 111 (a) (5)) of such source. "(4) The term 'coal' includes coal derivatives. |