§8374 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The President can declare a severe energy supply interruption or find a national or regional fuel shortage that is likely to be long, an emergency, and to hurt public health, safety, welfare, or the economy — especially if it comes from a coal supply interruption, sabotage, or an act of God. Coal here means anthracite, bituminous, and lignite (not fuel derivatives). When that happens, the President may order any electric powerplant or major fuel-burning site to stop using natural gas or petroleum as its main fuel for the length of the interruption. The President can also pause the application of any law, rule, or order that applies to new or existing powerplants if fuel shortages or transport problems threaten reliable service. Any pause that relaxes pollution limits must follow the normal legal process for changing air-quality plans. Orders last only for the interruption or up to 90 days, unless the President sends a follow-up order to Congress to extend it; the order stays in effect during the 15-day congressional review. The President cannot give the power to issue these orders to someone else, but can direct agencies to carry them out. Orders must be published, and the President should tell Congress and explain the reasons before or no later than 5 days after issuing an order.

Title 42, §8374

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)If the President—

(A)declares a severe energy supply interruption, as defined in section 6202(8) of this title, or

(B)finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines—

(i)is, or is likely to be, of significant scope and duration, and of an emergency nature;

(ii)causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and

(iii)results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God;

(2)For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof).

(b)If the President declares a severe energy supply interruption, as defined in section 6202(8) of this title, the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emission limitations or other requirements of applicable implementation plans, as defined in section 7410(d) 11 See References in Text note below. of this title, required by such prohibition shall be issued only in accordance with section 7410(f) of this title.

(c)The President may, by order, stay the application of any provision of this chapter, or any rule or order thereunder, applicable to any new or existing electric powerplant, if the President finds, and publishes such finding, that an emergency exists, due to national, regional, or systemwide shortages of coal or other alternate fuels, or disruption of transportation facilities, which emergency is likely to affect reliability of service of any such electric powerplant.

(d)(1)Except as provided in paragraph (3), any order issued by the President under this section shall not be effective for longer than the duration of the interruption or emergency, or 90 days, whichever is less.

(2)Any such order may be extended by a subsequent order which the President shall transmit to the Congress in accordance with section 6421 of this title. Such order shall be subject to congressional review pursuant to such section.

(3)Notwithstanding paragraph (1), the effectiveness of any order issued under this section shall not terminate under this subsection during the 15-calendar-day period during which any such subsequent order described in paragraph (2) is subject to congressional review under section 6421 of this title.

(4)For purposes of this subsection, the provisions of this subsection supersede the provisions of subchapter II of chapter 34 of title 50.

(e)The authority of the President to issue any order under this section may not be delegated. This subsection shall not be construed to prevent the President from directing any Federal agency to issue rules or regulations or take such other action, consistent with this section, in the implementation of such order.

(f)Any order issued under this section shall be published in the Federal Register. To the greatest extent practicable, the President shall, before issuing any order under this section, but in no event later than 5 days after issuing such order, report to the Congress of his intention to issue such order and state his reasons therefor.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7410(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 101–549, title I, § 101(d)(4), Nov. 15, 1990, 104 Stat. 2409. This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables. Subchapter II (§ 1621 et seq.) of chapter 34 of title 50, referred to in subsec. (d)(4), was in the original “title II of the Act of September 14, 1976 (Public Law 94–412)”, which is known as the National Emergencies Act.

Amendments

1987—Subsec. (g). Pub. L. 100–42 struck out subsec. (g) which permitted use of natural gas or petroleum as primary energy source in peakload powerplant or major fuel-burning installation during temporary emergency condition (other than emergency conditions provided for under section 8302(a)(15) of this title).

§8374 Emergency authorities