Title 42, The Public Health and WelfareRelease 119-110

§6215 Major Fuel Burning Stationary Source

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER I — DOMESTIC SUPPLY AVAILABILITY › Part A — Domestic Supply › § 6215

Last updated Sep 22, 2026|Official source

Summary

Governors may not order big fuel-burning plants to use only locally or regionally available coal (or coal products). They also may not force those plants to sign contracts to buy only local coal. A Governor can ask the President to act under section 7425 for a specific big plant. The Governor’s request must include proof that using nonlocal coal, petroleum, natural gas, or any mix of those fuels to meet a state plan would cause major local or regional job losses or economic harm. The President has 90 days to approve and issue an order under section 7425 or to deny the request in writing with reasons. To approve, the President must find the order follows section 7425, won’t noticeably raise energy use, won’t make consumers pay much more for energy, and won’t break any fuel supply contracts. This law does not limit the President’s or the Energy Secretary’s separate power to allocate coal. The key terms use the meanings given in section 7425.

Full Legal Text

Title 42, §6215

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

(a)Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title
No Governor of a State may issue any order or rule pursuant to section 7425 of this title to any major fuel burning stationary source (or class or category thereof)— (1)
(2)requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives.
(b)Petition to President
(1)The Governor of any State may petition the President to exercise the President’s authorities pursuant to section 7425 of this title with respect to any major fuel burning stationary source located in such State.
(2)Any petition under paragraph (1) shall include documentation which could support a finding that significant local or regional economic disruption or unemployment would result from use by such source of—
(A)coal or coal derivatives other than locally or regionally available coal,
(B)petroleum products,
(C)natural gas, or
(D)any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to section 7410 of this title.
(c)Action to be taken by President
Within 90 days after the submission of a Governor’s petition under subsection (b), the President shall either issue an order or rule pursuant to section 7425 of this title or deny such petition, stating in writing his reasons for such denial. In making his determination to issue such an order or rule pursuant to this subsection, the President must find that such order or rule would—
(1)be consistent with section 7425 of this title;
(2)result in no significant increase in the consumption of energy;
(3)not subject the ultimate consumer to significantly higher energy costs; and
(4)not violate any contractual relationship between such source and any supplier or transporter of fuel to such source.
(d)Effect on authority of President to allocate coal or coal derivatives
Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.
(e)Definitions
The terms “major fuel burning stationary source (or class or category thereof)” and “locally or regionally available coal or coal derivatives” shall have the meanings assigned to them for the purposes of section 7425 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–469 inserted section catchline.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6215

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110