---
kind: "section"
citation: "42 U.S.C. § 7425"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7425"
heading: "Measures to prevent economic disruption or unemployment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7425"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part A — Air Quality and Emission Limitations"
---

# §7425. Measures to prevent economic disruption or unemployment

- (a) **Determination that action is necessary—** After notice and opportunity for a public hearing—
  - (1) the Governor of any [State](/usc/42/7602.md?p=d) in which a major fuel burning [stationary source](/usc/42/7602.md?p=z) referred to in this subsection (or class or category thereof) is located,
  - (2) the [Administrator](/usc/42/7602.md?p=a), or
  - (3) the President (or his designee),

  may determine that action under [subsection (b)](#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—

  - (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)](#a-A) through [(C)](#a-C),

  to comply with the requirements of a [State](/usc/42/7602.md?p=d) implementation plan.

- (b) **Use of locally or regionally available coal or coal derivatives to comply with implementation plan requirements—** Upon a determination under [subsection (a)](#a)—
  - (1) such Governor, with the written consent of the President or his designee,
  - (2) the President’s designee with the written consent of such Governor, or
  - (3) the President

  may by rule or order prohibit any such major fuel burning [stationary source](/usc/42/7602.md?p=z) (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.

- (c) **Contracts; schedules—** The Governor, in the case of action under [subsection (b)(1)](#b-1), or the [Administrator](/usc/42/7602.md?p=a), in the case of an action under subsection [(b)(2)](#b-2) or (3) shall, by rule or order, require each source to which such action applies to—
  - (1) enter into long-term contracts of at least ten years in duration (except as the President or his designee may otherwise permit or require by rule or order for good cause) for supplies of regionally available coal or coal derivatives,
  - (2) enter into contracts to acquire any additional [means of emission limitation](/usc/42/7602.md?p=m) which the [Administrator](/usc/42/7602.md?p=a) or the [State](/usc/42/7602.md?p=d) determines may be necessary to comply with the requirements of this chapter while using such coal or coal derivatives as fuel, and
  - (3) comply with such schedules (including increments of progress), timetables and other requirements as may be necessary to assure compliance with the requirements of this chapter.

  Requirements under this subsection shall be established simultaneously with, and as a condition of, any action under [subsection (b)](#b).

- (d) **Existing or new major fuel burning stationary sources—** This section applies only to existing or new major fuel burning [stationary sources](/usc/42/7602.md?p=z)—
  - (1) which have the design capacity to produce 250,000,000 Btu’s per hour (or its equivalent), as determined by the [Administrator](/usc/42/7602.md?p=a), and
  - (2) which are not in compliance with the requirements of an [applicable implementation plan](/usc/42/7602.md?p=q) or which are prohibited from burning oil or natural gas, or both, under any other authority of law.
- (e) **Actions not to be deemed modifications of major fuel burning stationary sources—** Except as may otherwise be provided by rule by the [State](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a) for good cause, any action required to be taken by a major fuel burning [stationary source](/usc/42/7602.md?p=z) under this section shall not be deemed to constitute a [modification](/usc/42/7501.md?p=4) for purposes of [section 7411(a)(2)](/usc/42/7411.md?p=a-2) and (4) of this title.
- (f) **Treatment of prohibitions, rules, or orders as requirements or parts of plans under other provisions—** For purposes of sections [7413](/usc/42/7413.md) and [7420](/usc/42/7420.md) of this title a prohibition under [subsection (b)](#b), and a corresponding rule or order under [subsection (c)](#c), shall be treated as a requirement of [section 7413 of this title](/usc/42/7413.md). For purposes of any plan (or portion thereof) promulgated under [section 7410(c) of this title](/usc/42/7410.md?p=c), any rule or order under [subsection (c)](#c) corresponding to a prohibition under [subsection (b)](#b), shall be treated as a part of such plan. For purposes of [section 7413 of this title](/usc/42/7413.md), a prohibition under [subsection (b)](#b), applicable to any source, and a corresponding rule or order under [subsection (c)](#c), shall be treated as part of the [applicable implementation plan](/usc/42/7602.md?p=q) for the [State](/usc/42/7602.md?p=d) in which subject source is located.
- (g) **Delegation of Presidential authority—** 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.
- (h) **“Locally or regionally available coal or coal derivatives” defined—** 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](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a) feasibly be, mined or produced in the local or regional area (as determined by the [Administrator](/usc/42/7602.md?p=a)) in which the major fuel burning [stationary source](/usc/42/7602.md?p=z) is located.

## Source credit

(July 14, 1955, ch. 360, title I, § 125, as added Pub. L. 95–95, title I, § 122, Aug. 7, 1977, 91 Stat. 722.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 section 7401 of this title.