15 U.S.C. § 791 — Congressional declaration of purpose

Page 1252 TITLE 15—COMMERCE AND TRADE § 791 1 See References in Text note below. Sec. 793. Protection of public health and environment. 794. Energy conservation study. 795. Report to Congress by January 31, 1975. 796. Reporting of energy information. 797. Enforcement. 798. Definitions. § 791. Congressional declaration of purpose The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent prac- ticable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting en- ergy resources. (Pub. L. 93–319, § 1(b), June 22, 1974, 88 Stat. 246.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–319 which, in addition to enacting this chapter and provision set out as a note under this section, enacted sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amended sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 93–319, § 1(a), June 22, 1974, 88 Stat. 246, pro- vided that Pub. L. 93–319 [enacting this chapter, enact- ing sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amending sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42] may be cited as the ‘‘En- ergy Supply and Environmental Coordination Act of 1974’’. § 792. Coal conversion and allocation (a) Powerplant and fuel burning installations 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 require- ments of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction re- quirement under subsection (c). (b) Prerequisites to issuance or effectiveness of orders prohibiting use of natural gas or pe- troleum products as primary energy source 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 instal- lation unless the Federal Energy Adminis- trator 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 chapter, (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 Fed- eral 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, com- plies with the requirements of this section. (2)(A) Before issuing an order under sub- section (a) which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Adminis- trator (i) shall give notice to the public and af- ford interested persons an opportunity for written presentations of data, views, and argu- ments, (ii) shall consult with the Adminis- trator of the Environmental Protection Agen- cy, and (iii) shall take into account the likeli- hood 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 1857c–10(d)(1)(A) 1 of title 42 is the earliest date that such plant or in- stallation will be able to comply with the air pollution requirements which will be applica- ble to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursu- ant to section 1857c–10(d)(3)(B) 1 of title 42. (3)(A) Before issuing an order under sub- section (a) which is applicable to a powerplant or installation after June 30, 1975 (or modi- fying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal En- ergy Administrator shall give notice to the public and afford interested persons an oppor- tunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) de- scribed in subparagraph (A) of this paragraph shall not become effective until (i) the Admin- istrator of the Environmental Protection Agency notifies the Federal Energy Adminis- trator under section 1857c–10(d)(1)(B) 1 of title 42 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 re- quirements without a compliance date exten- sion under section 1857c–10(c) 1 of title 42, or (ii) if such notification is not given, the date which the Administrator of the Environ- mental Protection Agency certifies pursuant to section 1857c–10(d)(1)(B) 1 of title 42 is the earliest date that such plant or installation will be able to comply with all applicable re- quirements of such 1857c–10 1 of title 42. Such order (or modification) shall not be effective