An Act to provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes.
PL 93-319 (H.R.14368), enacted 06/22/1974

246 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 
STAT. 
Public Law 93-319 
June 22, 1974 
[H. R.14368] 
AN ACT 
Energy Supply 
and Environmental 
Coordination Act 
of 1974. 
15 u s e 791 
note. 
15 u s e 791. 
15 u s e 792. 
Powerplant and 
fuel burning in-
stallations. 
To provide for means of dealing witti energy shortages by requiring reports with 
respect to energy resources, by providing for temporary suspension of certain air 
pollution requirements, by providing for coal conversion, and for other 
purposes. 
Be it enacted 
hy the Senate 
and House 
of Representatives 
of 
the 
United States of America 
in Congress 
assernbled., 
SECTION 1. SHORT TITLE; PURPOSE. 
(a) This Act, including the following table of contents, may be 
cited as the "Energy Supply and Environmental Coordination Act 
of 1974". 
TATTLE OF CONTENTS 
Sec. 1. Short title; purpose. 
Sec. 2. Coal conversion and allocation. 
Sec. 3. Suspension authority. 
Sec. 4. Implementation plan revisions. 
Sec. 5. Motor vehicle emissions. 
Sec. 6. Conforming amendments. 
Sec. 7. Protection of public health and environment. 
Sec. 8. Energy conservation study. 
Sec. 9. Report. 
Sec. 10. Fuel economy study. 
Sec. 11. Reporting of energy information. 
Sec. 12. Enforcement. 
Sec. 13. Extension of Clean Air Act authorization. 
Sec. 14. Definitions. 
(b) The purposes of this Act are (1) to provide for a means to 
assist in meeting the essential needs of the United States for fuels, in 
a manner which is consistent, to the fullest extent practicable, with 
existing national commitments to protect and improve the environ-
ment, and (2) to provide requirements for reports respecting energy 
resources. 
SEC. 2. COAL CONVERSION AND ALLOCATION. 
(a) The Federal Energy Administrator— 
(1) shall, by order, prohibit any powerplant, and 
(2) may, by order, prohibit any major fuel burning installa-
tion, other tlian a powerplant, 
from burning natural gas or petroleum products as its primary energy 
source, if the Federal Energy Administrator determines such power-
plant or installation on the date of enactment of this Act has the capa-
bility and necessary plant equipment to burn coal, and if 
the 
requirements of subsection (b) are met. 
(b) The requirements referred to in subsection (a) are as follows: 
(1) A n order under subsection (a) may not be issued with 
respect to a powerplant or installation unless the Federal Energy 
Administrator finds (A) that the burning of coal by such plant 
or installation, in lieu of petroleum products or natural gas, is 
practicable and consistent with the purposes of this Act, (B) 
that coal and coal transportation facilities will be available dur-
ing the period the order is in effect, and (C) in the case of a 
powerplant, that the prohibition under subsection (a) will not 
impair the reliability of service in the area served by such plant. 
Such an order shall be rescinded or modified to the extent the 
Federal Energy Administrator determines that any requirement 
described in subparagraph ( A ) , ( B ) , or (C) of this paragraph 
is no longer met; and such an order may at any time be modi-
fied if the Federal Energy Administrator determines that such 
order, as modified, complies with the requirements of this section. 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
247 
(2) (A) Before issuing an order under subsection (a) which is 
applicable to a powerplant or installation for a period ending on 
or before June 30, 1975, the Federal Energy Administrator (i) 
shall give notice to the public and afford interested persons an 
opportunity for written presentations of data, views, and argu-
ments, (ii) shall consult with the Administrator of the Environ-
mental Protection Agency, and (iii) shall take into account the 
likelihood that the powerplant or installation will be permitted to 
burn coal after June 30,1975. 
(B) An order described in subparagraph (A) of this paragraph 
shall not become effective until the date which the Administrator 
of the Environmental Protection Agency certifies pursuant to sec-
tion 119 (d) (1) (A) of such Act is the earliest date that such plant 
or installation will be able to comply with the air pollution require-
ments which will be applicable to it. Such order shall not be 
effective for any period certified by the Administrator of the 
Environmental Protection Agency pursuant to section 119(d) (3) 
(B) of such Act. 
(3) (A) Before issuing an order under subsection (a) which is 
applicable to a powerplant or installation after June 30, 1975 (or 
modifying an order to which paragraph (2) applies, so as to apply 
such order to a powerplant or installation after such date), the 
Federal Energy Administrator shall give notice to the public and 
afford interested persons an opportunity for oral and written 
presentations of data, views, and arguments. 
(B) An order (or modification thereof) described in subpara-
graph (A) of this paragraph shall not become effective until (i) 
the Administrator of the Environmental Protection Agency noti-
fies the Federal Energy Administrator under section 119(d) (1) 
(B) of the Clean Air Act that such plant or installation will be 
able on and after July 1, 1975, to burn coal and to comply with 
all applicable air pollution requirements without a compliance 
date extension under section 119(c) of such Act, or (ii) if such 
notification is not given, the date which the Administrator of the 
Environmental Protection Agency certifies pursuant to section 119 
(d)(1)(B) of such Act is the earliest date that such plant or 
installation will be able to comply with all applicable require-
ments of such section 119. Such order (or modification) shall not 
be effective during any period certified by the Administrator of 
the Environmental Protection Agency under section 119(d)(3) 
(B) of such Act. 
(c) The Federal Energy Administrator may require that any 
powerplant in the early planning process (other than a combustion gas 
turbine or combined cycle unit) be designed and constructed so as to be 
capable of using coal as its primary energy source. No powerplant may 
be required under this subsection to be so designed and constructed, if 
the Administrator determines that (1) to do so is likely to result in an 
impairment of reliability or adequacy of service, or (2) an adequate 
and reliable supply of coal is not expected to be available. In consider-
ing whether to impose a design and construction requirement under 
this subsection, the Federal Energy Administrator shall consider the 
existence and effects of any contractual commitment for the construc-
tion of such facilities and the capability of the owner to recover any 
Public notice. 
Post, p. 248. 
Powerplant, 
construction 
design. 
248' 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
capital investment made as a result of any requirement imposed under 
this subsection. 
(d) The Federal Energy Administrator may, by rule or order, 
allocate coal (1) to any powerplant or major fuel-burning installation 
to which an order under subsection (a) has been issued, or (2) to any 
other pei-son to the extent necessary to carry out the purposes of this 
Act. 
(e) For purposes of this section: 
"Powerplant." 
(1) Xhc tcrm "powcrplant" means a fossil-fuel fired electric 
generating unit which produces electric power for purposes of 
sale or exchange. 
"c°a^-" 
(2) The term "coal" includes coal derivatives. 
Expiration and 
(f)(1) Authorlty to Issuc ordcrs or rules under subsections (a) 
through (d) of this section shall expire at midnight, June 30, 1975. 
Such a rule or order may take effect at any time before January 1, 
1979. 
(2) Authority to amend, repeal, rescind, modify, or enforce such 
rules or orders shall expire at midnight, December 31, 1978; but the 
expiration of such authority shall not affect any administrative or 
judicial proceeding which relates to any act or omission which occurred 
prior to January 1,1979. 
SEC. 3. SUSPENSION AUTHORITY. 
42 use 1857. 
Title I of the Clean Air Act is amended by adding at the end thereof 
the following new sectio' • 
a 
42 u s e 1857c 
6, 1857C-7, 
ENERGY-RELATED 
AUTHORITY 
?2^ usc'°iT5*7c. 
"SEC. 119. (a) For purposes of this section: 
10. 
"(1) The term 'stationary source fuel or emission limitation' 
means any emission limitation, schedule or timetable of compli-
ance, or other requirement, which is prescribed under this Act 
(other than this section, or section 111(b), 112, or 303) or con-
i857"h-i. ' 
tained in an applicable implementation plan (other than a 
requirement imposed under authority described in section 110(a) 
42 use 1857c- 
^2) (F) (v)), aud which limits, or is designed to limit, stationary 
source emissions resulting from combustion of fuels, including a 
prohibition on, or specification of, the use of any fuel of any type, 
grade, or pollution characteristic. 
"(2) The term 'air pollution requirement' means any emission 
limitation, schedule or timetable for compliance, or other 
requirement, which is prescribed under any Federal, State, or local 
law or regulation, including this Act (except for any require-
ment prescribed under subsection (c) or 
(d) of this section, 
section 110(a)(2)(F)(v), or section 303), and which limits sta-
tionary source emissions resulting from combustion of fuels 
(including a prohibition on, or specfication of, the use of any fuel 
of any type, grade, or pollution characteristic). 
"(3) The terms 'stationary source' and 'source' have the same 
meaning as the term 'stationary source' has under section 111(a) 
(3) ; except that such terms include any owner or operator (as 
defined in section 111(a)(5)) of such source. 
" (4) The term 'coal' includes coal derivatives. 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
249 
" (5) The term 'primary standard condition' means a limitation, 
requirement, or other measure, prescribed by the Administrator 
under subsection (d)(2)(A) of this section. 
"(6) The term 'regional limitation' means the requirement of 
subsection (c) (2) (D) of this section. 
"(b) (1) (A) The Administrator may, for any period beginning on 
or after the date of enactment of this section and ending on or before 
June 30, 1975, temporarily suspend any stationary source fuel or 
emission limitation as it applies to any person— 
"(i) if the Administrator finds that such person will be unable 
to comply with any such limitation during such period solely 
because of unavailability of types or amounts of fuels (unless such 
unavailability results from an order under section 2(a) of the 
Energy Supply and Environmental Coordination Act of 1974), 
or 
Te 
pens 
mporary sus; 
ion. 
"(ii) if such person is a source which is described in subsec-
tion (c) (1) (A) or (B) of this section and which has converted 
to coal, and the Administrator finds that the source will be able 
to comply during the period of the suspension with all primary 
standard conditions which will be applicable to such source. 
Any suspension under this paragraph, the imposition of any interim 
requirement on which such suspension is conditioned under paragraph 
(3) of this subsection, and the imposition of any primary standard 
condition which relates to such suspension, shall be exempted from any 
procedural requirements set forth in this Act or in any other provision 
of Federal, State, or local law; except as provided in subparagraph 
(B) of this paragraph. 
"(B) The Administrator shall give notice to the public and afford 
interested persons an opportunity for written and oral presentations 
of data, views, and arguments prior to issuing a suspension under sub-
paragraph (A), or denying an application for such a suspension, 
unless otherwise provided by the Administrator for good cause found 
and published in the Federal Register. In any case, before issuing such 
a suspension, he shall give actual notice to the Governor of the State 
in which the affected source or sources are located, and to appropriate 
local governmental officials (as determined by the Administrator). 
The issuing or denial of such a suspension, the imposition of an interim 
requirement, and the imposition of any primary standard condition 
shall be subject to judicial review only on the grounds specified in 
paragraph (2)(B), (2)(C),or (2) (D),of section 706 of title 5, United 
States Code, and shall not be subject to any proceeding under section 
304(a)(2) or 307 (b) and (c) of this Act. 
"(2) In issuing any suspension under paragraph (1), the Adminis-
trator is authorized to act on his own motion or upon application by 
any person (including a public officer or public agency). 
"(3) Any suspension under paragraph (1) shall be conditioned 
upon compliance with such interim requirements as the Administrator 
determines are reasonable and practicable. Such interim requirements 
shall include, but need not be limited to, (A) a requirement that the 
persons receiving the suspension comply with such reporting require-
ments as the Administrator determines may be necessary, (B) such 
measures as the Administrator determines are necessary to avoid an 
imminent and substantial endangerment to health of persons, and 
Public notice. 
Publication in 
Federal Register. 
Notice to State 
Governor and 
local officials. 
Judicial review. 
42 u s e 18S7h-2, 
1857h-5. 
Interim require-
ments, compli-
250 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
(C) in the case of a suspension under paragraph (1) (A) (i), require-
ments that the suspension shall be inapplicable during any period 
during which fuels which would enable compliance with the suspended 
stationary source fuel or emission limitations are in fact reasonably 
available (as determined by the Administrator) to such person. 
Compliance 
"(c)(1) Except as provided in paragraph (2) of this subsection, 
a e, ex ension. 
^^^ Admluistrator shall issue a compliance date extension to any fuel-
burning stationary source— 
"(A) which is prohibited from using petroleum products or 
natural gas by reason of an order which is in effect under section 2 
(a) and (b) of the Energy Supply and Environmental Coordi-
nation Act of 1974, or 
"(B) which the Administrator determines began conversion 
to the use of coal as its primary energy source during the period 
beginning on September 15, 1973, and ending on March 15, 1974, 
and which, on or after September 15, 1973, converts to the use of coal 
as its primary energy source. If a compliance date extension is issued 
to a source, such source shall not, until January 1, 1979, be prohibited, 
by reason of the application of any air pollution requirement, from 
burning coal which is available to such source, except as provided in 
sioi^"^^" conver- y^iJ3gection (d) (3). For purposes of this paragraph, the term 'began 
conversion' means action by the source during the period beginning on 
September 15, 1973, and ending on March 15, 1974 (such as entering 
into a contract binding on such source for obtaining coal, or equipment 
or facilities to burn coal; expanding substantial sums to permit such 
source to burn coal; or applying for an air pollution variance to enable 
such source to burn coal) which the Administrator finds evidences a 
decision (made prior to March 15,1974) to convert to burning coal as 
a result of the unavailability of an adequate supply of fuels required 
for compliance with the applicable implementation plan, and a good 
faith effort to expeditiously carry out such decision. 
Conditions. 
a^2) (A) A compliauce date extension under paragraph (1) of this 
subsection may be issued to a source only if— 
(i) the Administrator finds that such source will not be able to 
burn coal which is available to such source in compliance with all 
applicable air pollution requirements without a compliance date 
extension, 
(ii) the Administrator finds that the source will be able during 
the period of the compliance date extension to comply with all the 
primary standard conditions which are required under subsection 
(d) (2) to be applicable to such source, and with the regional 
limitation if applicable to such source, and 
(iii) the source has submitted to the Administrator a plan for 
compliance for such source which the Administrator has approved. 
A plan submitted under clause (iii) of the preceding sentence shall be 
approved only if it meets the requirements of regulations prescribed 
under subparagraph (B). The Administrator shall approve or disap-
prove any such plan within 60 days after such plan is submitted. 
Regulations. 
u (^g-^ "J^QJ. j^tcr than 90 days after the date of enactment of this sec-
tion, the Administrator shall prescribe regulations requiring that any 
schedule'!"''^ 
source to which a compliance date extension applies submit and obtain 
approval of its means for and schedule of compliance with the require-
STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
251 
ments of subparagraph (C) of this paragraph. Such regulations shall 
include requirements that such schedules shall include dates by which 
any such source must— 
"(i) enter into contracts (or other obligations enforceable 
against such source) which the Administrator has approved as 
being adequate to provide for obtaining a long-term supply of coal 
which enables such source to achieve the emission 
reduction 
required by subparagraph (C), or 
"(ii) if coal which enables such source to achieve such emission 
reduction is not available to such source, enter into contracts (or 
other obligations enforceable against such source) which the 
Administrator has approved as being adequate to provide for 
obtaining (I) a long-term supply of other coal, and (II) continu-
ous emission reduction systems necessary to permit such source to 
burn such coal, and to achieve the degree of emission reduction 
required by subparagraph (C). 
Regulations under this subparagraph shall provide that contracts or 
other obligations required to be approved under this subparagraph 
must be approved before they are entered into (except that a contract 
or obligation which was entered into before the date of enactment of 
this section may be approved after such date). 
"(C) Regulations under subparagraph (B) shall require that the 
source achieve the most stringent degree of emission reduction that 
such source would have been required to achieve under the applicable 
implementation plan which was in effect on the date of submittal 
(under subparagraph (B) of this paragraph) of the means for and 
schedule of compliance (or if no applicable implementation plan 
was in effect on such date, under the first applicable implementation 
plan which takes effect after such date). Such degree of emission 
reduction shall be achieved as soon as practicable, but not later than 
December 31, 1978; except that, in the case of a source for which 
a continuous emission reduction system is required for sulfur-related 
emissions, reduction of such emissions shall be achieved on a date 
designated by the Administrator (but not later than January 1, 
1979). Such regulations shall also include such interim requirements 
as the Administrator determines are reasonable and practicable, 
including requirements described in subparagraphs (A) and (B) of 
subsection (b) (3) and requirements to file progress reports. 
"(D) A source which is issued a compliance date extension under 
this subsection, and which is located in an air quality control region 
in which a national primary ambient air quality standard for an air 
pollutant is not being met, may not emit such pollutant in amounts 
which exceed any emission limitation (and may not violate any other 
requirement) which applies to such source, under the applicable 
implementation plan for such polhitant. For purposes of this sub-
paragraph, applicability of any such limitation or requirement to a 
source shall be determined without regard to this subsection or 
subsection (b). 
"(3) A source to which this subsection applies may, upon the 
expiration of a compliance date extension, receive a one-year post-
ponement of the application of any requirement of an applicable 
implementation plan under the conditions and in the manner provided 
in section 110(f). 
Contracts, 
approval. 
Emission r 
duction, reqi 
ments. 
Progress 
reports. 
42 u s e 1857C-5. 
252 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
Public notice. 
Emission limi-
tations. 
"(4) The Administrator shall give notice to the public and afford 
an opportunity for oral and written presentations of data, views, 
and arguments before issuing any compliance date extension, pre-
scribing any regulation under paragraph 
(2) of this subsection, 
making any finding under paragraph (2) (A) of this subsection, 
imposing any requirement on a source pursuant to paragraph (2) 
or any regulation thereunder, prescribing a primary standard condi-
tion under subsection (d) (2) which applies to a source to which an 
extension is issued under this subsection, or acting on any petition 
under subsection (d) (2) (C). 
"(d)(1)(A) Whenever the Federal Energy Administrator issues 
an order under section 2(a) of the Energy Supply and Environmental 
Coordination Act of 1974 which will not apply after June 30, 1975, 
the Administrator of the Environmental Protection Agency shall 
certify to him— 
" (i) in the case of a source to which no suspension will be issued 
under subsection (b), the earliest date on which such source will 
be able to burn coal and to comply with all applicable air pollution 
requirements, or 
" (ii) in the case of a source to w^hich a suspension will be issued 
under subsection (b) of this section, the date determined under 
paragraph (2) (B) of this subsection. 
"(B) Whenever the Federal Energy Administrator issues an order 
under section 2(a) of such Act which will apply after June 30, 1975, 
the Administrator of the Environmental Protection Agency shall 
notify him if such source will be able, on and after July 1, 1975, to 
burn coal and to comply with all applicable air pollution require-
ments without a compliance date extension under subsection (c). If 
such notification is not given— 
"(i) in the case of a source which is eligible for a compliance 
date extension under subsection (c), the Administrator of the 
Environmental Protection Agency shall certify to the Federal 
Energy Administrator the date determined under paragraph (2) 
(B) of this subsection, and 
"(ii) in the case of a source which is not eligible for such an 
extension, the Administrator of the Environmental Protection 
Agency shall certify to the Federal Energy Administrator the 
earliest date on which the source will be able to burn coal and to 
comply with all applicable air pollution requirements. 
"(2) (A) The xYdministrator of the Environmental Protection 
Agency, after consultation wdth appropriate States, shall prescribe 
(and may from time to time, after such consultation, modify) emis-
sion limitations, requirements respecting pollution characteristics of 
coal, or other enforceable measures for control of emissions, for each 
source to which a suspension under subsection (b)(l)(A)(ii) will 
apply, and for each source to which a compliance date extension under 
subsection (c) (1) will apply. Such limitations, requirements, and 
measures shall be those which he determines must be complied with by 
the source in order to assure (throughout the period that the suspen-
sion or extension will be in effect) that the burning of coal by such 
source will not result in emissions which cause or contribute to concen-
trations of any air pollutant in excess of any national primary ambient 
air quality standard for such pollutant. 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
253 
"(B) Whenever the Administrator prescribes a limitation, require-
ment, or measure under subparagraph (A) of this paragraph with 
respect to a source, he shall determine the earliest date on which such 
source will be able to comply with such limitation, requirement, or 
measure, and with any regional limitation applicable to such source. 
"(C) An air pollution control agency may petition the Administra- ti.fn'T'^^it'itii^for" 
tor (A) to modify any limitation, requirement, or other measure under modi/ication. 
this paragraph so as to assure compliance with the requirements of 
this paragraph, or (B) to issue to the Federal Energy Administration 
the certification described in paragraph (3) (B) on the grounds 
describ3d in clause (iii) thereof. The Administrator shall take the 
action requested in the petition, or deny the petition, within 90 days 
after the date of receipt of the petition. 
"(3) (A) If the Administrator determines that a source to which 
compliance. 
a suspension under subsection (b) (1) (A) (ii) or to which a compliance 
date extension under subsection (c)(1) applies is not in compliance 
with any primary standard condition, or that a source to which a 
compliance date extension applies is not in compliance with a regional 
limitation applicable to it, he shall (except as provided in subpara-
graph (B)) either— 
"(i) enforce compliance with such condition or limitation 
under section 113, or 
"(ii) (after notice to the public and affording an opportunity 
^"t'li'^ notice. 
for interested persons to present data, views, and arguments, 
including oral presentations, to the extent practicable) revoke 
such suspension or compliance date extension. 
"(B) If the Administrator finds that for any period— 
"(i) a source, to which an order under section 2(a) of the 
Energy Supply and Environmental Coordination Act of 1974 
applies, will be unable to comply with a primary standard con-
dition or regional limitation, 
"(ii) such a source will not be in compliance with such a condi-
tion or limitation, but such condition or limitation cannot be 
enforced because of a court order restraining its enforcement, or 
"(iii) the burning of coal by such a source will result in an 
increase in emissions of any air pollutant for which national 
ambient air quality standards have not been promulgated (or 
an air pollutant which is transformed in the atmosphere into an 
air pollutant for which such a standard has not been promul-
gated), and that such increase may cause (or materially contribute 
to) a significant risk to public health, 
he shall notify the Federal Energy Administrator of his finding and 
certify the period for which such order under such section 2(a) shall 
not be in effect w^ith respect to such source. Subject to the conditions of 
the preceding sentence, such certification may be modified from time 
to time. For purposes of this subsection, subsection (c), and section 
2 (a) or (b) of the Energy Supply and Environmental Coordination 
Act of 1974, a source shall be considered unable to comply with an air 
pollution requirement (including a primary standard condition or 
regional limitation) only if necessary technology or other alternative 
methods of control are not available or have not been available for a 
sufficient period of time. 
254 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
42 u s e 1857C-6. 
Continuous 
emission reduc-
tion systems, 
manufacturing 
priorities, rules. 
Unlawful acts. 
42 u s e 1857h-l. 
Electric gener-
ating powerplants, 
cessation of 
operation, post-
ponement. 
" (4) Nothing in this Act shall prohibit a State, political subdivision 
of a State, or agency or instrumentality of either, from enforcing any 
primary standard condition or regional limitation. 
"(5) A conversion to coal (A) to which a suspension under subsec-
tion (b) or a compliance date extension under subsection (c) applies 
or (B) by reason of an order under section 2(a) of the Energy Supply 
and Environmental Coordination Act of 1974 shall not be deemed to 
be a modification for purposes of section 111(a) (2) and (4) of this 
Act. 
"(e) The Administrator may, by rule, establish priorities under 
which manufacturers of continuous emission reduction systems neces-
sary to carry out subsection (c) shall provide such systems to users 
thereof, if he finds that priorities must be imposed in order to assure 
that such systems are first provided to sources in air quality control 
regions in which national primary ambient air quality standards have 
not been achieved. No rule under this subsection may impair the obliga-
tion of any contract entered into before the date of enactment of this 
section. To the extent necessary to carry out this section, the Adminis-
trator may prohibit any State or political subdivision of a State, or 
an agency or instrumentality of either, from requiring any person to 
use a continuous emission reduction system for which priorities have 
been established under this subsection, except in accordance with such 
priorities. 
"(f) No State, political subdivision of a State, or agency or instru-
mentality of either, may require any person to whom a suspension has 
been issued under subsection (b) (1) to use any fuel the unavailability 
of which is the basis of such person's suspension (except that this sub-
section shall not apply to requirements identical to Federal require-
ments under subsection (b) (3) or subsection (d) (2)). 
"(g) (1) It shall be unlawful for any person to whom a suspension 
has been issued under subsection (b) (1) to violate any requirement on 
which the suspension is conditioned pursuant to subsection (b) (3) or 
any primary standard condition applicable to him. 
"(2) It shall be unlawful for any person to fail to comply with any 
requirement under subsection (c), or any regulation, plan, or schedule 
thereunder (includinjrr a primary standard condition or regional limi-
tation) , which is applicable to such person. 
"(3) It shall be unlawful for any person to violate any rule under 
subsection (e). 
"(4) It shall be unlawful for Ifhy person to fail to comply with an 
interim requirement under subsection (i) (3). 
" (h) Nothing in this section shall affect the power of the Administra-
tor to deal with air pollution presenting an imminent and substantial 
endangerment to the health of persons under section S03 of this Act. 
" ( i ) ( l ) In order to reduce the likelihood of early phaseout of 
existing electric generating powerplants, any electric generating 
powerplant (A) which, because of the age and condition of the plant, 
is to be taken out of service permanently no later than January 1,1980, 
according to the power supply plan (in existence on January 1, 1974) 
of the owner or operator of such plant, (B) for which a certification to 
that effect has been filed by the owner or operator of the plant with 
the Environmental Protection Agency and the Federal Power Com-
mission, and (C) for which such Commission has determined that 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
255 
the certification has been made in good faith and that the plan to cease 
operations no later than January 1,1980, will be carried out as planned 
in light of existing and prospective power supply requirements, shall 
be eligible for a single one-year postponement as provided in 
paragraph (2). 
" (2) Prior to the date on which any powerplant eligible under para-
graph (1) is required to comply with any requirement of an applicable 
implementation plan, such plant may apply (with the concurrence of 
the Governor of the State in which such plant is located) to the 
Administrator to postpone the applicability of such requirement to such 
plant for not more than one year. If the Administrator determines, 
after considering the risk to public health and welfare which may be 
associated with a postponement, that compliance with any such require-
ment is not reasonable in light of the projected useful life of the plant, 
the availability of rate base increases to pay for the costs of such com-
pliance, and other appropriate factors, then the Administrator shall 
grant a postponement of any such requirement. 
"(3) The Administrator shall, as a condition of any postponement 
under paragraph (2), prescribe such interim requirements as are prac-
ticable and reasonable in light of the criteria in paragraph (2). 
"(j)(l) The Administrator may, after public notice and oppor- 
Pubhc notice. 
tunity for presentation of data, views, and arguments in accordance 
with section 553 of title 5, United States Code, and after consultation 
with the Federal Energy Administrator, designate persons with 
respect to whom fuel exchange requirements should be imposed under 
paragraph (2) of this subsection. The purpose of such designation 
shall be to avoid or minimize the adverse impact on public health and 
welfare of any suspension under subsection (b) of this section or con-
version to coal to which subsection (c^l applies or of any allocation 
under section 2(d) of the Energy Supply and Environmental Coordi-
nation Act of 1974 or under the Emergency Petroleum Allocation 
A c t o f 1 9 ^ 3 . 
_ 
^ 
^ 
n o i " ' ' ' " ' 
"(2) The Federal Energy Administrator shall exercise his author-
ity under section 2(d) of the Energy Supply and Environmental 
Coordination Act of 1974 and under the Emergency Petroleum Allo-
cation Act of 1973 with respect to persons designated by the Adminis-
trator of the Environmental Protection Agency under paragraph (1) 
in order to require the exchange of any fuel subject to allocation under 
such Acts effective no later than forty-five days after the date of such 
designation, unless the Federal Energy Administrator determines, 
after consultation with the Administrator of the Environmental 
Protection Agency, that the costs or consumption of fuel, resulting 
from requiring such exchange, will be excessive. 
"(k) (1) The Administrator shall study, and report to Congress cfn"?Js/^^°'*'° 
not later than six months after the date of enactment of this section, 
with respect to— 
"(A) the present and projected impact of fuel shortages and 
fuel allocation j)rograms on the program under this Act; 
"(B) availability of continuous emission reduction technology 
(including projections respecting the time, cost, and number of 
units available) and the effects that continuous emission reduc-
Congress. 
256 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
Publication in 
Federal Register. 
42 u s e 1857C-5, 
Report to State. 
Revised plans, 
submittal. 
tion systems would have on the total environment and on supplies 
of fuel and electricity; 
"(C) the number of sources and locations which must use such 
technology based on projected fuel availability data; 
"(D) a priority schedule for installation of continuous emission 
reduction technology, based on public health or air quality; 
"(E) evaluation of availability of technology to burn municipal 
solid waste in electric powerplants or other major fuel burning 
installations, including time schedules, priorities, analysis of pol-
lutants which may be emitted (including those for which national 
ambient air quality standards have not been promulgated), and 
a comparison of health benefits and detriments from burning solid 
waste and of economic costs; 
"(F) evaluation of alternative control strategies for the attain-
ment and maintenance of national ambient air quality standards 
for sulfur oxides within the time for attainment prescribed in this 
Act, including associated considerations of cost, time for attain-
ment, feasibility, and effectiveness of such alternative control 
strategies as compared to stationary source fuel and emission 
regulations; 
"(G) proposed priorities, for continuous emission reduction 
systems which do not produce solid waste, for sources which are 
least able to handle solid waste byproducts of such systems; 
"(H) plans for monitoring or requiring sources to which this 
section applies to monitor the impact of actions under this section 
on concentrations of sulfur dioxide in the ambient air; and 
" (I) steps taken pursuant to authority of section 110(a) (3) (B) 
of this Act. 
"(2) Beginning January 1, 1975, the Administrator shall publish 
in the Federal Kegister, at no less than one-hundred-and-eighty-day 
intervals, the following: 
" (A) A concise summary of progress reports which are required 
to be filed by any person or source owner or operator to which 
subsection (c) applies. Such progress reports shall report on the 
status of compliance with all requirements which have been 
imposed by the Administrator under such subsection. 
"(B) Up-to-date findings on the impact of this section upon— 
" (i) applicable implementation plans, and 
"(ii) ambient air quality." 
SEC. 4. IMPLEMENTATION PLAN REVISIONS. 
(a) Section 110(a) of the Clean Air Act is amended in paragraph 
(3) by inserting " ( A ) " after "(3)" and by adding at the end thereof 
the following new subparagraph: 
"(B) As soon as practicable, the Administrator shall, consistent 
with the purposes of this Act and the Energv Supply and Environ-
mental Coordination Act of 1974, review each State's applicable imple-
mentation plans and report to the State on whether such plans can 
be revised in relation to fuel burning stationary sources (or persons 
supplying fuel to such sources) without interfering with the attain-
ment and maintenance of any national ambient air quality standard 
within the period permitted in this section. If the Administrator 
determines that any such plan can be revised, he shall notify the State 
that a plan revision may be submitted by the State. Any plan revision 
STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
257 
which is submitted by the State shall, after public notice and oppor-
tunity for public hearing, be approved by the Administrator if the 
revision relates only to fuel burning stationary sources (or persons 
supplying fuel to such sources), and the plan as revised complies with 
paragraph (2) of this subsection. The Administrator shall approve 
or disapprove any revision no later than three months after its 
submission." 
(b) Subsection (c) of section 110 of the Clean Air Act is amended 
by inserting "(1)" after "(c)"; by redesignating paragraphs (1), 
(2), and (3) as subparagraphs (A), (B), and (C), respectively, and 
by adding at the end thereof the following new paragraph: 
" (2) (A) The Administrator shall conduct a study and shall submit 
a report to the Committee on Interstate and Foreign Commerce of the 
United States House of Representatives and the Committee on Public 
Works of the United States Senate not later than three months after 
date of enactment of this paragraph on the necessity of parking sur-
charge, management of parking supply, and preferential bus/carpool 
lane regulations as part of the applicable implementation plans 
required under this section to achieve and maintain national primary 
ambient air quality standards. The study shall include an assessment 
of the economic impact of such regulations, consideration of alterna-
tive means of reducing total vehicle miles traveled, and an assessment 
of the impact of such regulations on other Federal and State programs 
dealing with energy or transportation. In the course of such study, 
the Administrator shall consult with other Federal officials including, 
but not limited to, the Secretary of Transportation, the Federal 
Energy Administrator, and the Chairman of the Council on Environ-
mental Quality. 
"(B) No parking surcharge regulation may be required by the 
Administrator under paragraph (1) of this subsection as a part of 
an applicable implementation plan. All parking surcharge regulations 
previously required by the Administrator shall be void upon the date 
of enactment of this subparagraph. This subparagraph shall not pre-
vent the Administrator from approving parking surcharges if they 
are adopted and submitted by a State as part of an applicable imple-
mentation plan. The Administrator may not condition approval of 
any implementation plan submitted by a State on such plan's including 
a parking surcharge regulation. 
"(C) The Administrator is authorized to suspend until January 1, 
1975, the effective date or applicability of any regulations for the man-
agement of parking supply or any requirement that such regulations 
be a part of an applicable implementation plan approved or promul-
gated under this section. The exercise of the authority under this sub-
paragraph shall not prevent the Administrator from approving such 
regulations if they are adopted and submitted by a State as part of an 
applicable implementation plan. If the Administrator exercises the 
authority under this subparagraph, regulations requiring a review or 
analysis of the impact of proposed parking facilities before construc-
tion which take effect on or after January 1, 1975, shall not apply to 
parking facilities on which construction has been initiated before 
January 1,1975. 
Public notice 
and hearing op-
portunity. 
42 u s e 1857C-5. 
Transportation 
regulations study. 
Report, sub-
mittal to congres-
sional commit-
tees. 
Parking sur-
charge. 
Regulations, 
suspension au-
thority. 
258 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
Definitions, 
notice 
42 u s e 1857f-l, 
"(D) For purposes of this paragraph— 
"(i) The term 'parking surcharge regulation' means a regula-
tion imposing or requiring the imposition of any tax, surcharge, 
fee, or other charge on parking spaces, or any other area used for 
the temporary storage of motor vehicles. 
" (ii) The term 'management of parking supply' shall include 
any requirement providing that any new facility containing a 
given number of parking spaces shall receive a permit or other 
prior approval, issuance of which is to be conditioned on air 
quality considerations. 
"(iii) The term 'preferential bus/carpool lane' shall include 
any requirement for the setting aside of one or more lanes of a 
street or highway on a permanent or temporary basis for the 
exclusive use of buses or carpools, or both. 
Promulgation. 
"(E) No Standard, plan, or requirement, relating to management 
of parking supply or preferential 
bus/carpool lanes shall be 
promulgated after the date of enactment of this paragraph by the 
Administrator pursuant to this section, unless such promulgation 
Public hearing, j^^^g bceu subjcctcd to at least one public hearing which has been held 
in the area affected and for which reasonable notice has been given 
in such area. If substantial changes are made following public 
hearings, one or more additional hearings shall be held in such area 
after such notice." 
SEC. 5. MOTOR VEHICLE EMISSIONS. 
(a) Section 202(b)(1)(A) of the Clean Air Act is amended by 
striking out "1975" and inserting in lieu thereof "1977"; and by 
inserting after " ( A ) " the following: "The regulations under subsec-
tion (a) applicable to emissions of carbon monoxide and hydro-
carbons from light-duty vehicles and engines manufactured during 
loys'^rn/igye, 
model years 1975 and 1976 shall contain standards which are identical 
standards. 
to the interim standards which were prescribed (as of December 1, 
1973) under paragraph (5) (A) of this subsection for light-duty 
vehicles and engines manufactured during model year 1975." 
(b) Section 202(b) (1) (B) of such Act is amended by striking out 
"1976" and inserting in lieu thereof "1978"; and by inserting after 
" ( B ) " the following: "The regulations under subsection (a) appli-
cable to emissions of oxides of nitrogen from light-duty vehicles and 
engines manufactured during model years 1975 and 1976 shall contain 
standards which are identical to the standards which were prescribed 
(as of December 1, 1973) under subsection (a) for light-duty vehicles 
and engines manufactured during model year 1975. The regulations 
under subsection (a) applicable to emissions of oxides of nitrogen 
from light-duty vehicles and engines manufactured during model year 
1977 shall contain standards which provide that such emissions from 
such vehicles and engines may not exceed 2.0 grams per vehicle mile." 
(c) Section 202(b)(5)(A) of such Act is amended to read as 
follows: 
i977rs"spension 
" (5) (A) At auy time after January 1, 1975, any manufacturer may 
reque'st. 
file 
with tlic Admiuistrator an application requesting the suspension 
for one year only of the effective date of any emission standard 
required by paragraph (1) (A) with respect to such manufacturer for 
light-duty vehicles and engines manufactured in model year 1977. 
The Administrator shall make his determination with respect to any 
such application within sixty days. If he determines, in accordance 
88 STAT. 
PUBLIC LAW 93-319-JUNE 22, 1974 
259 
with the provisions of this subsection, that such suspension should be 
granted, he shall simultaneously with such determination prescribe 
by regulation interim emission standards which shall apply (in lieu 
of the standards required to be prescribed by paragraph (1) (A) of 
this subsection) to emissions of carbon monoxide or hydrocarbons (or 
both) from such vehicles and engines manufactured during model 
year 1977." 
(d) Section 202(b) (5) (B) of the Clean Air Act is repealed and 
the following subparagraphs redesignated accordingly. 
SEC. 6. CONFORMING AMENDMENTS. 
(a) (1) Section 113(a) (3) of the Clean Air Act is amended by strik-
ing out "or" before "112(c)", by inserting a comma in lieu thereof, 
and by inserting after "hazardous emissions)" the following: ", or 
119 (g) (relating to energy-related authorities)". 
(2) Section 113(b) (3) of such Act is amended by striking out "or 
112(c)" and inserting in lieu thereof ", 112(c), or 119(g)". 
(3) Section 113(c)(1)(C) of such Act is amended by striking out 
"or section 112(cV' and inserting in lieu thereof ", section 112(c), 
or section 119(g)". 
(4) Section 114(a) of such Act is amended by inserting "119 or" 
before "303". 
(b) Section 116 of the Clean Air Act is amended by inserting "119 
(c), (e), and (f)," before "209". 
(c) (1) The second sentence of subsection (b) of section 307 of such 
Act is amended by inserting ", or his action under section 119(c) (2) 
(A), (B), or (C) or under regulations thereunder," after "111(d)". 
(2) The third sentence of such subsection is amended by striking 
out "or approval" and inserting in lieu thereof ", approval, or action". 
SEC. 
7
. 
PROTECTION 
OF 
PUBLIC 
HEALTH 
AND 
ENVIRONMENT. 
(a) Any allocation program provided for in section 2 of this Act 
or in the Emergency Petroleum Allocation Act of 1973, 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 Environ-
mental 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 of the Clean Air Act applies, the Department of 
Health, Education, and Welfare 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 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 (83 Stat. 856). 
(2) No action under section 2 of this Act 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 
Repeal. 
42 use 1857f-l. 
42 use 1857C-8. 
42 use 1857C-9. 
42 use 18S7d-l. 
42 use 1857h-5. 
15 use 793. 
15 u s e 751 
note. 
study. 
An te, p. 
, 248. 
Appropriation. 
42 
42 
lote-
use 
use 
1857. 
4321 
260 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
42 u s e 4321 
note. 
Environment 
evaluation, avail-
ability. 
42 u s e 4332. 
Hearing. 
Hydroelectric 
energy facilities, 
construction. 
16 u s e 824a 
note. 
42 u s e 4332. 
15 u s e 794. 
Report to 
Congress. 
Emergency Mass 
Transportation 
Assistance Plan, 
submittal to Con-
gress. 
the meaning of the National Environmental Policy Act of 1969. How-
ever, before any action under section 2 of this Act 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 evalua-
tion with analysis equivalent to that required under section 102(2) (C) 
of the National Environmental Policy Act, to the greatest extent 
practicable within this time constraint, shall be prepared and circu-
lated 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 environ-
mental issues. Such an evaluation shall not be required where the action 
in question has been preceded by compliance with the National Envi-
ronmental Policy Act by the appropriate Federal agency. Any action 
taken under section 2 of this Act which will be in effect for more than 
a one-year period or any action to extend an action taken under section 
2 of this Act 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 Act. 
(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 Presi-
dential 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 state-
ment pursuant to section 102 of the National Environmental Policy 
Act of 1969 (83 Stat. 856) for facilities for the transmission of electric 
energy between Canada and the United States in the vicinity of Fort 
Covington, New York. 
SEC. 8. ENERGY CONSERVATION STUDY. 
(a) The Federal Energy Administrator shall conduct a study on 
potential methods of energy conservation and, not later than six 
months after the date of enactment of this Act, shall submit to Congress 
a report on the results of such study. The study shall include, but 
not be limited to, the following: 
(1) the energy conservation potential of restricting exports 
of fuels or energy-intensive products or goods, including an 
analysis of balance-of-payments and foreign relations implica-
tions of any such restrictions; 
(2) alternative requirements, incentives, or disincentives for 
increasing industrial recycling and resource recovery in order to 
reduce energy demand, including the economic costs and fuel con-
sumption tradeoff which may be associated with such recycling 
and resource recovery in lieu of transportation and use of virgin 
materials; and 
(3) means for incentives or disincentives to increase efficiency 
of industrial use of energy. 
(b) Within ninety days of the date of enactment of this Act, the 
Secretary of Transportation, after consultation with the Federal 
Energy Administrator, shall submit to the Congress for appropriate 
action an "Emergency Mass Transportation Assistance Plan" for the 
purpose of conserving energy by expanding and improving public 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
261 
mass transportation systems and encouraging increased ridership as 
alternatives to automobile travel. 
(c) Such plan shall include, but shall not be limited to— 
(1) recommendations for emergency temporary grants to assist 
States and local public bodies and agencies thereof in the payment 
of operating expenses incurred in connection with the provision 
of expanded mass transportation service in urban areas; 
(2) recommendations for additional emergency assistance for 
the purchase of buses and rolling stock for fixed rail, including 
the feasibility of accelerating the timetable for such assistance 
under section 142(a)(2) of title 23, United States Code (the 
"Federal Aid Highway Act of 1973"), for the purpose of provid-
ing additional capacity for and encouraging increased use of 
public mass transportation systems; 
(3) recommendations for a program of demonstration projects 
to determine the feasibility of fare-free and low-fare urban mass 
transportation systems, including reduced rates for elderly and 
handicapped persons during nonpeak hours of transportation; 
(4) recommendations far additional emergency assistance for 
the construction of fringe and transportation corridor parking 
facilities to serve bus and other mass transportation passengers; 
(5) recommendations on the feasibility of providing tax incen-
tives for persons who use public mass transportation systems. 
SEC. 9. REPORT. 
The Administrator of the Environmental Protection Agency shall 
report to Congress not later than January 31,1975, on the implementa-
tion of sections 3 through 7 of this Act. 
SEC. 10. FUEL ECONOMY STUDY. 
Title I I of the Clean Air Act is amended by redesignating section 
213 as section 214 and by adding the following new section: 
Grants. 
Fringe parking. 
Tax incentives. 
15 use 795. 
Report to 
Congress. 
42 use 1857f.l. 
FUEL ECONOMY IMPROVEMENT FROM NEW MOTOR VEHICLES 
"SEC. 213. (a) (1) The Administrator and the Secretary of Trans-
portation shall conduct a joint study, and shall report to the Com-
mittee on Interstate and Foreign Commerce of the United States 
House of Representatives and the Committees on Public Works and 
Commerce of the United States Senate within one hundred and twenty 
days following the date of enactment of this section, concerning the 
practicability of establishing a fuel economy improvement standard 
of 20 per centum for new motor vehicles manufactured during and 
after model year 1980. Such study and report shall include, but not 
be limited to, the technological problems of meeting any such standard, 
including the leadtime involved; the test procedures required to deter-
mine compliance; the economic costs associated with such standard, 
including any beneficial economic impact; the various means of enforc-
ing such standard; the effect on consumption of natural resources, 
including energy consumed; and the impact of applicable safety and 
emission standards. In the course of performing such study, the Admin-
istrator and the Secretary of Transportation shall utilize the research 
previously performed in the Department of Transportation, and the 
Administrator and the Secretary shall consult with the Federal Energy 
42 use 1 
6f. 
Report to 
gressional 
mittees. 
cori" 
com-
262 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
co°'::>ent:r^"^"'Administrator 
42 use 1857h-5. 
"Fuel economy 
improvement 
standard." 
15 use 796. 
15 u s e 751 
note. 
Rules. 
Accuracy, veri-
fication. 
the Chairman of the Council on Environmental 
Quality, and the Secretary of the Treasury. The Office of Manage-
ment and Budget may review such report before its submission to 
such committees of the Congress, but such Office may not revise the 
report or delay its submission beyond the date prescribed for its 
submission, and may submit to Congress its comments respecting such 
report. In connection with such study, the Administrator may utilize 
the authority provided in section 307(a) of this Act to obtain neces-
sary information. 
" (2) For the purpose of this section, the term 'fuel economy improve-
ment standard' means a requirement of a percentage increase in the 
number of miles of transportation provided by a manufacturer's entire 
annual production of new motor vehicles per unit of fuel consumed, 
as determined for each manufacturer in accordance with test proce-
dures established by the ^Administrator pursuant to this Act. Such 
term shall not include any requirement for any design standard or any 
other requirement specifying or otherwise limiting the manufacturer's 
discretion in deciding how to comply with the fuel economy improve-
ment standard by any lawful means." 
SEC. 11. REPORTING OF ENERGY INFORMATION. 
(a) For the purpose of assuring that the Federal Energy Admin-
istrator, the Congress, the States, and the public have access to and 
are able to obtain reliable energy information, the Federal Energy 
Administrator shall request, acquire, and collect such energy informa-
tion as he determines to be necessary to assist in the formulation of 
energy policy or to carry out the purposes of this Act or the Emergency 
Petroleum Allocation Act of 1973. The Federal Energy Administrator 
shall promptly promulgate rules pursuant to subsection (b) (1) (A) of 
this section requiring reports of such information to be submitted 
to the Federal Energy Administrator at least every ninety calendar 
days. 
(b) (1) In order to obtain energy information for the purpose of 
carrying out the provisions of subsection (a), the Federal Energy 
Administrator is authorized— 
(A) to require, by rule, any person who is engaged in the pro-
duction, processing, refining, transportation by pipeline, or dis-
tribution (at other than the retail level) of energy resources to 
submit reports; 
(B) to sign and issue subpenas for the attendance and testi-
mony of witnesses and the production of books, records, papers, 
and other documents; 
(C) to require any person, by general or special order, to sub-
mit answers in writing to interrogatories, requests for reports or 
for other information; and such answers or other submissions 
shall be made within such reasonable period, and under oath or 
otherwise, as the Federal Energy Administrator may determine; 
and 
(D) to administer oaths. 
(2) For the purpose of verifying the accuracy of any energy 
information requested, acquired, or collected by the Federal Energy 
Administrator, the Federal Energy Administrator, or any officer or 
88 STAT. 
PUBLIC LAW 93-319-JUNE 22, 1974 
263 
employer duly designated by him, upon presenting appropriate cre-
dentials and a written notice from the Federal Energy Administrator 
to the owner, operator, or agent in charge, may— 
(A) enter, at reasonable times, any business premise or facility; 
and 
(B) inspect, at reasonable times and in a reasonable manner, 
any such premise or facility, inventory and sample any stock 
of energy resources therein, and examine and copy books, records, 
papers, or other documents, relating to any such energy informa-
tion. 
(3) Any United States district court within the jurisdiction of 
which any inquiry is carried on may, upon petition by the Attorney 
General at the request of the Federal Energy Administrator, in the 
case of refusal to obey a subpena or order of the Federal Energy 
Administrator issued under this section, issue an order requiring com-
pliance therewith; and any failure to obey the order of the court may 
be punished by the court as a contempt thereof. 
(c) (1) The Federal Energy Administrator shall exercise the 
authorities granted to him under subsection (b)(1)(A) to develop, 
within thirty days after the date of enactment of this Act, as full and 
accurate a measure as is reasonably practicable of— 
(A) domestic reserves and production; 
(B) imports; and 
(C) inventories; 
of crude oil, residual fuel oil, refined petroleum products, natural gas, 
and coal. 
(2) For each calendar quarter beginning with the first complete 
calendar quarter following the date of enactment of this Act, the 
Federal Energy Administrator shall develop and publish a report 
containing the following energy information: 
(A) Imports of crude oil, residual fuel oil, refined petroleum 
products (by product), natural gas, and coal, identifying (with 
respect to each such oil, product, gas, or coal) country of origin, 
arrival point, quantity received, and the geographic distribution 
within the United States. 
(B) Domestic reserves and production of crude oil, natural gas, 
and coal. 
(C) Refinery activities, showing for each refinery within the 
United States (i) the amounts of crude oil run by such refinery, 
(ii) amounts of crude oil allocated to such refinery pursuant to 
regulations and orders of the Federal Energy Administrator, 
his delegate pursuant to the Emergency Petroleum Allocation Act 
of 1973, or any other person authorized by law to issue regulations 
and orders with respect to the allocation of crude oil, (iii) per-
centage of refinery capacity utilized, and (iv) amounts of products 
refined from such crude oil. 
(D) Report of inventories, on a national, regional, and State-
by-State basis— 
(i) of various refined petroleum products, relating refiners, 
refineries, suppliers to refiners, share of market, and alloca-
tion fractions; 
(ii) of various refined petroleum products, previous quar-
ter deliveries and anticipated three-month available supplies; 
Compliance 
order. 
Energy informa-
tion, quarterly 
report. 
264 
PUBLIC LAW 93-319-JUNE 22, 1974 
[88 STAT. 
Confidential 
information. 
IS u s e 751 
note. 
Definitions, 
Information, 
availability. 
Expiration date. 
15 u s e 797. 
Penalties. 
(iii) of anticipated monthly supply of refined petroleum 
products, amount of set-aside for assignment by the State, 
anticipated State requirements, excess or shortfall of supply, 
and allocation fraction of base year; and 
(iv) of LPG by State and owner: quantities stored, and 
existing capacities, and previous priorities on types, inven-
tories of suppliers, and changes in supplier inventories. 
(d) Upon a showing satisfactory to the Federal Energy Adminis-
trator by any person that any energy information obtained under this 
section from such person would, if made public, divulge methods or 
processes entitled to protection as trade secrets or other proprietary 
information of such person, such information, or portion thereof, shall 
be confidential in accordance with the provisions of section 1905 of 
title 18, United States Code; except that such information, or part 
thereof, shall not be deemed confidential for purposes of disclosure, 
upon request, to (1) any delegate of the Federal Energy Administrator 
for the purpose of carrying out this Act and the Emergency Petroleum 
Allocation Act of 1973, (2) the Attorney General, the Secretary of the 
Interior, the Federal Trade Commission, the Federal Power Com-
mission, or the General Accounting Office, when necessary to carry out 
those agencies' duties and responsibilities under this and other statutes, 
and (3) the Congress, or any committee of Congress upon request of 
the Chairman. 
(e) As used in this section: 
(1) The term "energy information" includes (A) all informa-
tion in whatever form on (i) fuel reserves, exploration, extraction, 
and energy resources (including petrochemical feedstocks) wher-
ever located; (ii) production, distribution, and consumption of 
energy and fuels wherever carried on; and (B) matters relating to 
energy and fuels, such as corporate structure and proprietary 
relationships, costs, prices, capital investment, and assets, and 
other matters directly related thereto, wherever they exist. 
(2) The term "person" means any natural person, corporation, 
partnership, association, consortium, or any entity organized for 
a common business purpose, wherever situated, domiciled, or 
doing business, who directly or through other persons subject to 
their control does business in anv part of the United States. 
(3) The term "United States" Avhen used in the geographical 
sense means the States, the District of Columbia, Puerto Rico, and 
the territories and possessions of the United States. 
(f) Information obtained by the Administration under authority 
of this Act shall be available to the public in accordance with the pro-
visions of section 552 of title 5, United States Code. 
(g) (1) The authority contained in this section is in addition to, 
independent of, not limited by, and not in limitation of, any other 
authority of the Federal Energy Administrator. 
(2) The provisions of this section expire at midnight, June 30,1975, 
but such expiration shall not affect any administrative or judicial 
proceeding which relates to any act or failure to act if such act or 
failure to act was not in compliance with the requirements 
and 
authorities of this section and occurred prior to midnight, June 30, 
1975. 
SEC. 12. ENFORCEMENT. 
(a) It shall be unlawful for any person to violate any provision of 
section 2 (relating to coal conversion and allocation) or section 11 
(relating to energy information) or to violate any rule, regulation, or 
order issued pursuant to any such provision. 
(b) (1) Whoever violates any provision of subsection (a) shall be 
subject to a civil penalty of not more than $2,500 for each violation. 
88 STAT. ] 
PUBLIC LAW 93-319-JUNE 22, 1974 
265 
(2) Whoever willfully violates any provision of subsection (a) shall 
be fined not more than $5,000 for each violation. 
(3) It shall be unlawful for any person to offer for sale or distribute 
in commerce any coal in violation of an order or regulation issued 
pursuant to section 2(d). Any person who knowingly and willfully 
violates this paragraph after having been subjected to a civil penalty 
for a prior violation of the same provision of any order or regulation 
issued pursuant to section 2(d) shall be fined not more than $50,000, 
or imprisoned not more than six months, or both. 
(4) Whenever it appears to the Federal Energy Administrator or 
any person authorized bv the Federal Energy Administrator to 
exercise authority under this section 2 or section 11 of this Act that 
any individual or organization has engaged, is engaged, or is about 
to engage in acts or practices constituting a violation of subsection (a) 
the Federal Energy Administrator or such person may request the 
Attorney General to bring a civil action to enjoin such acts or prac-
tices, and upon a proper showing, a temporary restraining order or 
a preliminary or permanent injunction shall be granted without bond. 
In such action, the court may also issue mandatory injunctions com-
manding any person to comply with any provision, the violation of 
which is prohibited by subsection (a). 
(5) Any person suffering legal wrong because of any act or prac-
tice arising out of anv violation of subsection (a) may bring a civil 
action for appropriate relief, including an action for a declaratory 
judgment or writ of injunction. United States district courts shall 
have jurisdiction of actions under this paragraph without regard 
to the amount in controversy. Nothing in this paragraph shall 
authorize any person to recover damages. 
SEC. 13. EXTENSION OF CLEAN AIR ACT AUTHORIZATION. 
(a) Section 104(c) of the Clean Air Act is amended by striking "and 
'^^ "^^'^^^^'^' 
$150,000,000 for the fiscal year ending June 30, 1974" and inserting in 
lieu thereof ", $150,000,000 for the fiscal year ending June 30,1974, and 
$150,000,000 for the fiscal year ending June 30,1975." 
(b) Section 212(i) of such Act is amended by striking "three ^^^ ^^^ ^^^^^" 
succeeding fiscal years." and inserting in lieu thereof "four succeeding 
fiscal years.". 
(c) Section 316 of such Act is amended by striking "and $300,000,000 
^2 use i%sn. 
for the fiscal year ending June 30, 1974" and inserting in lieu thereof 
", $300,000,000 for the fiscal year endin<T June 30,1974, and $300,000,000 
for the fiscal year ending June 30,1975". 
SEC. 14. DEFINITIONS. 
is use 798. 
(a) For purposes of this Act and the Clean Air Act the term 
42 use iss? 
"Federal Energy Administrator" means the Administrator of the 
Federal Energy Administration established by Federal Energy 
Administration Act of 1074 (Public Law 93-275); except that until 
such Administrator takes office and after such Administration ceases 
to exist, such term means any officer of the United States designated as 
Federal Energy Administrator by the President for purposes of this 
Act and section 119 of the Clean Air Act. ' 
^"'e, p. 248. 
(b) For purposes of this Act, the term "petroleum product" means 
crude oil, residual fuel oil, or any refined petroleum product (as 
defined in section 3(5) of the Emergency Petroleum Allocation Act of 
1973). 
15 use 752. 
Approved June 22, 1974. 
note. 
Ante, 
p. 96.