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(e) stimulating and requiring the substitution of domestic coal for these fuels, or the capability for such

substitution in electric power generating plants and other industrial facilities;

(d) preserving national primary ambient air quality standards and emission standards established to achieve

such;

(e) authorizing the President to require the conversion of such facilities to burn domestic coal, and to grant

temporary and limited variances to air quality emissions standards, if necessary, to permit such conversion.

12 TITLE II-CONVERSION OF FACILITIES TO THE

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USE OF DOMESTIC COAL

SEC. 201. IMMEDIATE CONVERSION OF EXISTING

15 PLANTS. (a) The President is authorized to require that 16 existing baseload powerplants and industrial facilities which

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burn petroleum or natural gas as a boiler fuel, and which

are determined by the Federal Power Commission to have 19 the capability to burn coal, shall convert to the use of domes20 tic coal as their primary fuel. Industrial facilities subject to 21 this Act are those having boilers with a capacity of one 22 hundred million British thermal units per hour or more, and 23 which burn fossil fuel as boiler fuel for the generation of 24 process steam, to heat industrial furnaces, smelters, and so

25 forth.

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(b) Such conversions shall be carried out within one

2 year of the date of enactment of this Act, contingent upon

3 the availability of suitable coal, and the maintenance of

4 reliability of service in a given service area.

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SEC. 202. CONVERSION OF PLANTS IN THE PLANNING 6 OR CONSTRUCTION STAGE.-The President is further au7 thorized to require that plants subject to this Act in the 8 planning process or in the construction stage on the date of 9 enactment of this Act

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(a) shall be designed and constructed so as to have the capability of rapid conversion to burn all three major

fossil fuels (coal, oil, and gas) as boiler fuel; and

(b) maximize the use of domestic coal as their primary fuel;

(c) shall comply with new source performance standards promulgated under the Clean Air Act, as amended.

SEC. 203. FUTURE CAPABILITY FOR FUEL CONVER19 SION.-The President is authorized to require that, within 20 five years, all plants subject to this Act develop a capability 21 to burn all three major fossil fuels and use, insofar as possible, 22 domestic coal as their primary fuel: Provided, That plants 23 which have a projected remaining useful life of ten years or 24 less after the date of enactment of this Act shall not be re25 quired to convert their facilities.

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SEC. 204. VARIANCES FROM ESTABLISHED AIR QUAL2 ITY EMISSIONS STANDARDS.— (a) For the purposes of this 3 Act, at the direction of the President, the Administrator of 4 the Environmental Protection Agency (EPA) is hereby 5 authorized to permit, for existing stationary sources, on an 6 individual plant basis, temporary variances from applicable 7 emissions standards for air pollutants established pursuant to 8 Federal or State statutes. Such variances shall be granted 9 only for those existing facilities where the only available 10 coal supplies, when burned, will result in emissions in excess 11 of applicable emissions standards: Provided, That no such 12 variance may be granted when the Administrator finds that 13 granting the variance would result in violation of any national 14 primary ambient air quality standard.

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(b) To obtain a variance pursuant to this section, the 16 owner or operator of such a plant must submit to the Admin17 istrator of EPA an application for a variance pursuant to this 18 Act explaining why the variance is needed, accompanied by 19 a detailed plan and schedule for the installation of appro20 priate air pollution control systems that will achieve compli21 ance with applicable emissions standards, and by evidence, 22 including supplementary control systems, to assure that 23 applicable national primary ambient air quality standards will 24 not be violated. The progress of such installations shall be 25 reviewed by the Administrator every ninety days. If he de

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1 termines there is significant deviation that is within the con2 trol of the owner or operator from the proposed plan and 3 schedule filed with the application for the variance, which 4 deviation will result in delaying compliance with applicable 5 emissions standards, he shall revoke such variance.

6 (c) In granting or revoking variances pursuant to this 7 section, the Administrator of EPA shall give appropriate 8 notice of his action to the Governor of the State in which the 9 affected plant is located.

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(d) Within ninety days of enactment of this Act, the 11 Administrator of EPA shall promulgate regulations to carry

12 out the purposes of this section.

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TITLE III-ADMINISTRATION

SEC. 301. REPORTS.-(a) The Administrator of EPA 15 shall maintain a publicly available list of the variances

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granted, and shall report annually to the President and the 17 Congress on the impact on air quality of implementing this 18 Act. Such report shall also include the number of variances 19 in effect and the progress being made to install air pollution 20 control systems in converted plants.

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(b) The Federal Power Commission shall maintain a publicly available list of converted powerplants, and shall sub23 mit to the President and the Congress an annual report on

24 the effect of these conversions and of the implementation of

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this Act, on power generation and reliability and on the cost of electric power.

(c) The Secretary of Commerce shall submit to the

4 President and the Congress an annual report on the impacts

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of the implementation of this Act on the affected industries

and on commerce in the areas where conversion to coal has 7 taken place pursuant to this Act. The report shall also include 8 recommendations for changes in legislation or administra9 tive action to facilitate implementation of this Act.

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(d) One year after the date of enactment of this Act, the Interstate Commerce Commission and the Department

of Transportation shall submit to the President and the 13 Congress, a report on the adequacy of existing transport 14 facilities and regulations to carry out the purposes of this 15 Act. The report shall also include recommendations for 16 changes in existing legislation or regulations to facilitate im17 plementation of this Act.

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SEC. 302. AUTOMATIC INCREASES IN ALLOWABLE 19 PRICE OF COAL.-Notwithstanding any provision of the 20 Economic Stabilization Act of 1970, as amended, the Cost 21 of Living Council or other appropriate delegate of the Presi22 dent shall grant automatic increases in the allowable price 23 of coal which may be charged to users of coal, which shall 24 reflect on a dollar for dollar basis any increases in the cost 25 of producing coal due in whole or in part to the requirements 26 of this Act.