§ 793. — Protection of public health and environment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC793]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16C--ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
Sec. 793. Protection of public health and environment
(a) Distribution of low sulfur fuel
Any allocation program provided for in section 792 of this title or
in the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et
seq.],\1\ 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 Environmental Protection Agency as requiring low
sulfur fuel to avoid or minimize adverse impact on public health.
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\1\ See References in Text note below.
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(b) Study of chronic effects of sulfur oxide emissions among exposed
populations
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 \1\ of the Clean Air Act [42 U.S.C. 1857c-10] applies,
the Department of Health and Human Services 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) Major Federal actions significantly affecting the quality of the
human environment
(1) No action taken under the Clean Air Act [42 U.S.C. 7401 et seq.]
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 [42 U.S.C. 4321 et seq.].
(2) No action under section 792 of this title 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 the meaning of the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.]. However, before any action under section 792 of
this title 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 evaluation with analysis equivalent to that
required under section 102(2)(C) of the National Environmental Policy
Act [42 U.S.C. 4332(2)(C)], to the greatest extent practicable within
this time constraint, shall be prepared and circulated 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 environmental issues. Such an
evaluation shall not be required where the action in question has been
preceded by compliance with the National Environmental Policy Act by the
appropriate Federal agency. Any action taken under section 792 of this
title which will be in effect for more than a one-year period or any
action to extend an action taken under section 792 of this title 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 chapter.
(d) Importation of hydroelectric energy
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 Presidential
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 statement pursuant to section
102 of the National Environmental Policy Act of 1969 [42 U.S.C. 4332]
for facilities for the transmission of electric energy between Canada
and the United States in the vicinity of Fort Covington, New York.
(Pub. L. 93-319, Sec. 7, June 22, 1974, 88 Stat. 259; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
The Emergency Petroleum Allocation Act of 1973, referred to in
subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as amended,
which was classified generally to chapter 16A (Sec. 751 et seq.) of this
title, was omitted from the Code pursuant to section 760g of this title,
which provided for the expiration of the President's authority under
that chapter on Sept. 30, 1981.
Section 119 of the Clean Air Act [42 U.S.C. 1857c-10], referred to
in subsec. (b), was repealed by Pub. L. 95-95, Sec. 112(b)(1), Aug. 7,
1977, 91 Stat. 709, which is set out as a Compliance Orders note under
section 792 of this title. A new section 119 of the Clean Air Act was
added by Pub. L. 95-95, Sec. 117(b), and is classified to section 7419
of Title 42, The Public Health and Welfare.
The Clean Air Act, referred to in subsec. (c), is act July 14, 1955,
ch. 360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 et seq.) of Title 42. For complete classification
of this Act of the Code, see Short Title note set out under section 7401
of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42. For complete classification of this Act to the Code, see Short Title
note under section 4321 of Title 42 and Tables.
This chapter, referred to in subsec. (c)(2), was in the original
``this Act'', meaning Pub. L. 93-319. For complete classification of
this Act to the Code, see Short Title note set out under section 791 of
this title and Tables.
Executive Order 10485 of September 3, 1953, referred to in subsec.
(d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R. 5397, which is set
out as a note under section 717b of this title.
Change of Name
``Department of Health and Human Services'' substituted for
``Department of Health, Education, and Welfare'' in subsec. (b),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
Transfer of Functions
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42,
The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in section 795 of this title.
