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area fails to design and implement a contingency program

2 as provided for in subsection (c), the Federal program im

3 plemented pursuant to subsection (a) above, shall remain 4. in effect for such State or metropolitan area.

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SEC. 204. MANDATORY FEDERAL ACTION FOR FUEL 6 CONSERVATION.-Notwithstanding any action taken on the 7 part of State or local governments pursuant to section 203, 8 the President shall

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(a) require that existing electric generating plants which now burn petroleum or natural gas and which

have the ready capability and necessary plant equipment to burn coal shall convert to burning coal as their pri

mary energy source.

(b) authorize the Interstate Commerce Commission, the Civil Aeronautics Board, and the Federal Maritime Commission for the duration of the energy emergency, in addition to their existing powers, on their own motion or by motion of any interested party, to review and adjust a carrier's operating authority in order to conserve fuel while providing for the public convenience and nec

essity. This authority includes but is not limited to adjusting the level of operations, altering points served, shortening distance traveled, and reviewing or adjusting rate schedules accordingly. Actions taken pursuant to this paragraph may be taken, notwithstanding any other

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provision of law, after hearings in accordance with section 553 of title 5 of the United States Code. Any per

son adversely affected by an action shall be entitled to a judicial review of such action in accordance with chapter 7 of title 5 of the United States Code except that such action shall only be sustained if supported by a preponderance of the evidence. Consistent with the purposes of this Act, the Interstate Commerce Commission may enlarge, modify, or remove the various categories of exempt carriage under the Interstate Commerce Act.

(c) develop and implement federally sponsored incentives for the use of public transportation, including

priority rationing of fuel for mass transit systems, and Federal subsidies for reduced fares and additional ex

penses incurred because of increased service, for the du

ration of the energy emergency. For the purposes of this section, paragraph (3) of subsection (e) of section 142 of title 23, United States Code, is amended as follows: strike the period at the end of the paragraph and add the following: "except that, with respect to the purchase

of buses and rolling stock for fixed rail, the Federal

share shall be 80 per centum."

23 SEC. 205. AIR QUALITY REQUIREMENTS.— (a) For 24 the purposes of section 204 (a) at the direction of the Presi25 dent, the Administrator of the Environmental Protection

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1 Agency (EPA) is hereby authorized to waive specific re2 quirements of State implementation plans to grant, for 3 existing stationary sources, on an individual plant basis, 4 temporary variances from applicable emissions standards

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for air pollutants established pursuant to Federal or State

statutes. Such variances shall be granted only for those exist7 ing facilities whose allocated or only available fuel supplies, 8 when burned, will result in emissions in excess of applicable 9 emissions standards: Provided, That no such variance may 10 be granted if the Administrator finds that granting the variance would result in violation of any national primary am12 bient air quality standard or would have any adverse impact

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public health, safety, or well-being.

(b) To obtain a variance pursuant to this section, the 15 owner or operator of such a plant must submit to the Ad16 ministrator of EPA an application for a variance pursuant 17 to this Act explaining why the variance is needed, and 18 actions he has taken to secure adequate supplies of fuels 19 which comply with the State implementation plan, and shall 20 be accompanied by a detailed plan and schedule for the in21 stallation of appropriate air pollution control systems that 22 will achieve compliance with applicable emissions standards 23 and by evidence that supplementary control systems will be 24 employed to assure that national primary ambient air qual25 ity standards are not violated.

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(c) In granting variances pursuant to this section, the 2 Administrator of EPA is authorized to reduce to ten days 3 the time limits required for hearing procedures. In all in4 stances, he shall give appropriate notice of his action to 5 the Governor of the State in which the affected plant is 6 located.

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SEC. 206. ENVIRONMENTAL IMPACT STATEMENTS.8 No major action taken under this Act which action will be 9 in effect for less than six months shall be deemed a major 10 Federal action significantly affecting the quality of the human environment within the meaning of the National Environ12 mental Policy Act of 1969 (83 Stat. 856). However, prior to taking any such major action that has a significant impact on the environment, if practicable, or in any event within 15 sixty days of taking such action, an environmental evaluation, 16 with analysis equivalent to that required under section 102 17 (2) (C) of the National Environmental Policy Act shall 18 be prepared and circulated to appropriate Federal, State, 19 and local government agencies and to the public for a thirty20 day comment period after which a public hearing shall be 21 held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the 23 action in question has been preceded by compliance with 24 the National Environmental Policy Act by the appropriate 25 Federal agency. Any any action taken under this Act which

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1 will be in effect for more than a six-month period, or any ac2 tion to extend an action taken under this Act to a total period 3 of more than six months shall be subject to the full pro4 visions of the National Environmental Policy Act notwith5 standing any other provision of this Act.

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SEC. 207. MANDATORY FEDERAL ACTIONS TO INCREASE AVAILABLE DOMESTIC PETROLEUM SUPPLIES.8 The President shall also initiate the following measures to 9 supplement domestic energy supplies for the duration of the 10 emergency:

11 (a) Require production of certain designated existing 12 domestic oilfields at rates in excess of their currently as13 signed maximum efficient rates (MER). Fields to be so des14 ignated, by the appropriate State governments or by the 15 Department of the Interior, shall be those where the types 16 and quality of reservoirs are such as to permit production at 17 rates in excess of the currently assigned sustainable MER for 18 periods of ninety days or more without excessive risk of 19 losses in recovery.

20 (b) Require the adjustment of processing operations of 21 domestic refineries to produce refined products in proportions 22 commensurate with national needs and consistent with the 23 priorities established in accordance with section 203. 24 (c) (1) Require production of oil and gas from the 25 currently developed resources of the naval petroleum re

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