§7425 Measures to Prevent Economic Disruption or Unemployment

Summary

Governors, the EPA Administrator, or the President can decide, after notice and a public hearing, that a big fuel-burning plant may have to switch fuels to avoid significant local or regional economic disruption or unemployment caused by the plant using nonlocal coal, petroleum products, natural gas, or any mix of those fuels to meet state air-quality rules. If they make that decision, the Governor (with the President’s written consent), the President’s designee (with the Governor’s written consent), or the President can order the plant to use only locally or regionally available coal or coal products to comply with the state plan. They must consider the final cost to the consumer when taking action. When this happens, the Governor or the Administrator must require the affected plant to sign long-term coal supply contracts of at least 10 years (unless the President allows otherwise for good cause), to get any extra pollution controls needed while using that coal, and to follow schedules and progress steps to meet the rules. The rule applies only to existing or new plants that can produce 250,000,000 Btu per hour or more and that are not meeting the state plan or are banned from burning oil or natural gas under other law. These required actions normally are not treated as “modifications” under certain other Clean Air Act rules unless the State or Administrator says so for good cause. The bans and related orders count as enforceable plan requirements. The President may delegate his authority. “Locally or regionally available coal or coal derivatives” means coal that is or can feasibly be mined or produced in the local or regional area as the State or the Administrator decides.