42 U.S.C. § 7425 — Measures to prevent economic disruption or unemployment

(a) Necessary action. After notice and an opportunity for a public hearing, the Governor of a State^* where a covered source is located, the Administrator^*, or the President or designee may find that subsection (b) action is needed to prevent or minimize significant local or regional economic disruption or unemployment that would otherwise result when the source uses: (A) nonlocal or nonregional coal or coal products; (B) petroleum products; (C) natural gas; or (D) any combination of those fuels to comply with a State plan.

(b) Locally or regionally available coal. After the finding, the Governor with the President’s written consent, the President’s designee with the Governor’s written consent, or the President may by rule or order prohibit a covered source from using fuels other than locally or regionally available coal or coal products to comply with the plan. The official must consider the action’s final cost to consumers.

(c) Contracts and schedules. For a Governor’s action under (b)(1), the Governor, and for an Administrator action under (b)(2) or (3), the Administrator, must require each source by rule or order to: (1) enter contracts of at least 10 years for regional coal supplies, unless the President or designee permits or requires otherwise for good cause; (2) obtain additional emission controls the Administrator or State finds necessary while using that fuel; and (3) follow schedules, progress steps, timetables, and other requirements needed for compliance. These requirements must be set at the same time as, and as a condition of, the subsection (b) action.

(d) Covered sources. The section applies only to existing or new major fuel-burning sources that (1) can produce 250,000,000 Btu per hour, or the Administrator-determined equivalent, and (2) do not comply with an applicable plan or are barred from burning oil, natural gas, or both under other law.

(e) No modification. Unless a State or Administrator rule says otherwise for good cause, required action is not a modification for section 7411(a)(2) or (4).

(f) Treatment^* under other provisions. For sections 7413 and 7420, a subsection (b) prohibition and matching subsection (c) rule or order are treated as a section 7413 requirement. For a section 7410(c) plan, the matching rule or order is treated as part of the plan. For section 7413, the prohibition and matching rule or order are treated as part of the applicable State plan.

(g) Delegation. The President may delegate this authority to a designated United States officer or employee case by case or in another suitable manner.

(h) Definition. “Locally or regionally available coal or coal derivatives” means coal or coal products mined or produced, or feasibly capable in the State’s or Administrator’s judgment of being mined or produced, in the local or regional area, as determined by the Administrator, where the source is located.