§6215 Major fuel burning stationary source

Summary

State governors may not order big fuel-burning plants to use only locally or regionally available coal or coal products. Governors also may not force those plants to sign contracts to buy only local coal. A governor can ask the President to step in under section 7425 for a plant in the state. The request must show evidence that using other fuels (coal not local, petroleum, natural gas, or a mix) to meet the state’s air-quality plan under section 7410 would cause significant local or regional economic harm or unemployment. The President has 90 days to issue an order under section 7425 or deny the request in writing and explain why. To approve, the President must find the order follows section 7425, will not greatly raise energy use, will not make consumers pay much more for energy, and will not break any fuel contracts. These rules do not affect the President’s or the Energy Secretary’s coal allocation powers. The terms “major fuel burning stationary source” and “locally or regionally available coal or coal derivatives” use the meanings given in section 7425.