After notice and opportunity for a public hearing-
may determine that action under subsection (b) of this section is necessary to prevent or minimize significant local or regional economic disruption or unemployment which would otherwise result from use by such source (or class or category) of-
to comply with the requirements of a State implementation plan.
Upon a determination under subsection (a)-
may by rule or order prohibit any such major fuel burning stationary source (or class or category thereof) from using fuels other than locally or regionally available coal or coal derivatives to comply with implementation plan requirements. In taking any action under this subsection, the Governor, the President, or the President's designee as the case may be, shall take into account, the final cost to the consumer of such an action.
The Governor, in the case of action under subsection (b)(1), or the Administrator, in the case of an action under subsection (b)(2) or (3) shall, by rule or order, require each source to which such action applies to-
Requirements under this subsection shall be established simultaneously with, and as a condition of, any action under subsection (b).
This section applies only to existing or new major fuel burning stationary sources-
Except as may otherwise be provided by rule by the State or the Administrator for good cause, any action required to be taken by a major fuel burning stationary source under this section shall not be deemed to constitute a modification for purposes of section of this title.
For purposes of sections State in which subject source is located.and of this title a prohibition under subsection (b), and a corresponding rule or order under subsection (c), shall be treated as a requirement of section of this title. For purposes of any plan (or portion thereof) promulgated under section of this title, any rule or order under subsection (c) corresponding to a prohibition under subsection (b), shall be treated as a part of such plan. For purposes of section of this title, a prohibition under subsection (b), applicable to any source, and a corresponding rule or order under subsection (c), shall be treated as part of the applicable implementation plan for the
The President may delegate his authority under this section to an officer or employee of the United States designated by him on a case-by-case basis or in any other manner he deems suitable.
For the purpose of this section the term "locally or regionally available coal or coal derivatives" means coal or coal derivatives which is, or can in the judgment of the State or the Administrator feasibly be, mined or produced in the local or regional area (as determined by the Administrator) in which the major fuel burning stationary source is located.
42 U.S.C. § 7425
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95-95 set out as an Effective Date of 1977 Amendment note under sectionof this title.
- The term "Administrator" means the Administrator of General Services.
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.
- means of emission limitation
- The term "means of emission limitation" means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).