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Title 15 — Commerce and TradeRelease 119-73not60

§793 Protection of Public Health and Environment

Title 15 › Chapter 16C— ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION › § 793

Last updated Apr 3, 2026|Official source

Summary

Requires that programs which control fuel use try, as much as possible, to send the available low-sulfur fuel first to U.S. areas that the Environmental Protection Agency says need it to protect public health. The Department of Health and Human Services must study long-term health effects from sulfur-oxide pollution caused by switching to coal, using the National Institute of Environmental Health Sciences and working with the EPA. Congress authorized $3,500,000 for that study, and any money given can be spent until it is all used. Says actions taken under the Clean Air Act are not treated as major federal projects under the National Environmental Policy Act (NEPA). Actions under the program in section 792 are also not treated as major for one year after they start, but if they significantly affect the environment an environmental review like NEPA’s must be done before, if possible, or within 60 days after the action, then shared with government agencies and the public for a 30-day comment period and a public hearing if asked. Any action that lasts more than one year must follow NEPA’s full rules. The Federal Power Commission must quickly issue a Presidential permit (under Executive Order 10485 of September 3, 1953) to build and connect electric transmission facilities near Fort Covington, New York, to bring in hydroelectric power from Canada without preparing a NEPA environmental impact statement.

Full Legal Text

Title 15, §793

Commerce and Trade — Source: USLM XML via OLRC

(a)Any allocation program provided for in section 792 of this title or in the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],11 See References in Text note below. shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health.
(b)In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 1 of the Clean Air Act [42 U.S.C. 1857c–10] applies, the Department of Health and Human Services shall, through the National Institute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended.
(c)(1)No action taken under the Clean Air Act [42 U.S.C. 7401 et seq.] shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(2)No action under section 792 of this title for a period of one year after initiation of such action shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. However, before any action under section 792 of this title that has a significant impact on the environment is taken, if practicable, or in any event within sixty days after such action is taken, an environmental evaluation with analysis equivalent to that required under section 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)], to the greatest extent practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment period after which a public hearing shall be held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Environmental Policy Act by the appropriate Federal agency. Any action taken under section 792 of this title which will be in effect for more than a one-year period or any action to extend an action taken under section 792 of this title to a total period of more than one year shall be subject to the full provisions of the National Environmental Policy Act, notwithstanding any other provision of this chapter.
(d)In order to expedite the prompt construction of facilities for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pursuant to Executive Order 10485 of September 3, 1953, for the construction, operation, maintenance, and connection of facilities for the transmission of electric energy at the borders of the United States without preparing an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 [42 U.S.C. 4332] for facilities for the transmission of electric energy between Canada and the United States in the vicinity of Fort Covington, New York.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981. section 119 of the Clean Air Act [42 U.S.C. 1857c–10], referred to in subsec. (b), was repealed by Pub. L. 95–95, § 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders note under section 792 of this title. A new section 119 of the Clean Air Act was added by Pub. L. 95–95, § 117(b), and is classified to section 7419 of Title 42, The Public Health and Welfare. The Clean Air Act, referred to in subsec. (c), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act of the Code, see

Short Title

note set out under section 7401 of Title 42 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42. For complete classification of this Act to the Code, see

Short Title

note under section 4321 of Title 42 and Tables. This chapter, referred to in subsec. (c)(2), was in the original “this Act”, meaning Pub. L. 93–319. For complete classification of this Act to the Code, see

Short Title

note set out under section 791 of this title and Tables. Executive Order 10485 of September 3, 1953, referred to in subsec. (d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R. 5397, which is set out as a note under section 717b of this title.

Statutory Notes and Related Subsidiaries

Change of Name

“Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Transfer of Functions

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

15 U.S.C. § 793

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60