Executive Order 12217—Federal Compliance With Fuel Use Prohibitions

By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 403 (a) of the Power plant and Industrial Fuel Use Act of 1978 (92 Stat. 3317; Public Law 95-620) and Section 301 of Title 3 of the United States Code, and to ensure Federal compliance with applicable requirements governing the construction or conversion of powerplants and major fuel-burning installations, it is hereby ordered as follows:

1-1. Applicability of Fuel Use Requirements.

1-101. The head of each Executive agency is responsible for compliance with applicable fuel use prohibitions established pursuant to, but not limited to, the following:

(a) Title II of the Power plant and Industrial Fuel Use Act of 1978, with respect to new facilities.

(b) Title III of the Power plant and Industrial Fuel Use Act of 1978, with respect to existing facilities.

1-102. The head of each Executive agency is also responsible for compliance with applicable pollution control standards, in accord with:

(a) Subtitle G of Title VII of the Power plant and Industrial Fuel Use Act of 1978.

(b) Executive Order No. 12088 of October 13, 1978.

1-2. Agency Coordination.

1-201. Each Executive agency shall cooperate with the Secretary of Energy, hereinafter referred to as the Secretary, in the achievement of the requirements of the Power plant and Industrial Fuel Use Act of 1978.

1-202. Each Executive agency shall consult with the Secretary concerning plans for the construction or conversion of electric powerplants and major fuel-burning installations.

1-203. The Secretary shall provide advice and assistance to Executive agencies in order to ensure their cost effective and timely compliance with applicable fuel use prohibitions.

1-3. Fuel Use Conversion.

1-301. Each Executive agency shall survey its electric powerplants and major fuel-burning installations in order to identify those subject to the Act and shall transmit the results of the survey to the Secretary. The Secretary shall establish guidelines for accomplishing the survey.

1-302. (a) Each Executive agency shall submit to the Director of the Office of Management and Budget, through the Secretary, an annual plan, including cost estimates, for the fuel use conversion of electric powerplants and major fuel-burning installations.

(b) The plan shall identify all powerplants and major fuel-burning installations which are subject to the fuel use prohibitions of the Power plant and Industrial Fuel Use Act of 1978.

(c) The Secretary shall establish guidelines for developing such plans.

1-303. In preparing its plan, each Executive agency shall ensure that the plan provides for compliance with all applicable fuel use prohibitions.

1-304. The plan shall be submitted in accordance with any other instructions that the Director of the Office of Management and Budget may issue.

1-4. Funding.

1-401. The head of each Executive agency shall ensure that funds for compliance with applicable fuel use prohibitions are requested in the agency budget.

1-402. The head of each Executive agency shall ensure that funds appropriated and apportioned for the fuel use conversion of electric powerplants and major fuel-burning installations are not used for any other purpose unless permitted by law and specifically approved by the Office of Management and Budget.

1-5. General Provisions.

1-501. Exemptions from applicable fuel use prohibitions may only be granted under the provisions of the Power plant and Industrial Fuel Use Act of 1978.

1-502. The Secretary of Energy shall prepare for the President's consideration and transmittal to the Congress the report required by Section 403(c) of the Act.

JIMMY CARTER

The White House,

June 18, 1980.

[Filed with the Office of the Federal Register, 11:07 a.m., June 19, 1980]