(2) the technological feasibility and economic practicability of utilizing alternative operating procedures and more energy efficient technologies, (3) any special circumstances or characteristics of the industry for which the target is being set, and (4) any actions planned or implemented by each such industry to reduce consumption by such industry of petroleum products and natural gas. (c) The Administrator may, in order to carry out section 372(1), set an industrial energy efficiency improvement target for any major energy-consuming industry to which subsection (a) does not apply. Each such target (1) shall be based upon the best available information, (2) shall be established at the level which represents the maximum feasible improvement in energy efficiency which such industry can achieve by January 1, 1980, and (3) shall be published in the Federal Register, together with a statement of the basis and justification for each such target. (d) Any target established under subsection (a) or (c) may be modified at any time if the Administrator (1) determines that such target cannot reasonably be attained, or could reasonably be made more stringent, and (2) publishes such determination in the Federal Register, together with a statement of the basis and justification for such modification. REPORTS Publication in Publication in SEC. 375. (a) The chief executive officer (or individual designated 42 USC 6345. by such officer) of each corporation which is identified by the Administrator pursuant to section 373, and which is in an industry for which an industrial energy efficiency improvement target has been set under section 374 (a), shall report to the Administrator not later than January 1, 1977, and annually thereafter, on the progress which such corporation has made in improving its energy efficiency. Such report shall contain such information as the Administrator determines is necessary to measure progress toward meeting the energy efficiency improvement target set for the industry of which such corporation is a part, except that the Administrator shall not require such report if such corporation is in an industry which has an adequate voluntary reporting program (as defined by section 376 (g)). (b) The Administrator shall prepare, publish, and make available, Forms. for use in complying with the reporting requirements under subsection (a), a simple form which shall be designed in such a way as to avoid imposing an undue burden on any corporation which is required to submit reports under subsection (a). (c) The Administrator shall prepare and submit to the Congress and to the President, and shall cause to be published, an annual report on the industrial energy efficiency program established under section 372. Each such report shall include (1) a summary of the progress made toward the achievement of the industrial energy efficiency improvement targets set by the Administrator; and (2) a summary of the progress made toward meeting such industrial energy efficiency improvement targets since the date of publication of the previous such report, if any. Report to President. GENERAL PROVISIONS SEC. 376. (a) The district courts of the United States shall have jurisdiction, upon petition, to issue an order to the chief executive officer of any corporation subject to the reporting requirements of section 375 (a), requiring such person to comply forthwith. Failure to obey such an order shall be treated by any such court as a contempt thereof. (b) In addition to the exercise of authority under this part, the Administrator may exercise any authority he has under any provision of law (other than this part) to obtain such information with respect to industrial energy efficiency and industrial energy conservation as is necessary or appropriate to the attainment of the objectives of the program established under section 372. (c) The Administrator shall afford interested persons an opportunity to submit written and oral data, views, and arguments prior to the establishment of any industrial energy efficiency improvement target under section 374 and prior to publication of any reporting requirements under section 375. (d) Any information submitted by a corporation to the Administrator under this part shall not be considered energy information, as defined by section 11(e) (1) of the Energy Supply and Environmental Coordination Act of 1974, for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of this Act. (e) The Administrator may not disclose any information obtained under this part which is a trade secret or other matter described in section 552(b) (4) of title 5, United States Code, disclosure of which may cause significant competitive damage; except to committees of Congress upon request of such committees. Prior to disclosing any information described in such section 552 (b) (4), the Administrator shall afford the person who provided such information an opportunity to comment on the proposed disclosure. (f) No liability shall attach, and no civil or criminal penalties may be imposed, for any failure to meet any industrial energy efficiency improvement target established under section 374 of this Act. (g) (1) The Administrator shall exempt a corporation from the requirements of section 375 (a) if such corporation is in an industry which has an adequate voluntary reporting program, as determined by the Administrator annually after notice and opportunity for interested persons to comment. An industry's voluntary reporting program shall be determined to be adequate only if— (A) each corporation within such industry which is identified under section 373 fully participates in such program; (B) all information deemed necessary by the Administrator for purposes of evaluating the progress made by such industry in achieving the industry energy efficiency improvement target set forth under section 374 is provided to the Administrator; and (C) reports made to a trade association or other person, in connection with such program, are retained for a reasonable period of time and are available to the Administrator. (2) If the Administrator determines that an industry's voluntary reporting program is not adequate solely on the basis that any corporation within such industry is not fully participating in such program, he shall exempt from the requirements of section 375 (a) only those corporations which fully participate in such program. (h) Nothing in this part shall limit the authority of the Administrator to require reports of energy information under any other law. PART E-OTHER FEDERAL ENERGY CONSERVATION MEASURES FEDERAL ENERGY CONSERVATION PROGRAMS SEC. 381. (a) (1) The President shall, to the extent of his authority 42 USC 6361. under other law, establish or coordinate Federal agency actions to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies, and shall take such steps as are necessary to cause such standards to be implemented. (2) The President shall develop and, to the extent of his authority under other law, implement a 10-year plan for energy conservation with respect to buildings owned or leased by an agency of the United States. Such plan shall include mandatory lighting efficiency standards, mandatory thermal efficiency standards and insulation requirements, restrictions on hours of operation, thermostat controls, and other conditions of operation, and plans for replacing or retrofitting to meet such standards. (b) (1) The Administrator shall establish and carry out a responsible public education program— or (A) to encourage energy conservation and energy efficiency; (B) to promote van pooling and carpooling arrangements. (2) For purposes of this subsection: (A) The term "van" means any automobile which the Administrator determines is manufactured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals. Definitions. (B) The term "van pooling arrangement" means an arrangement for the transportation of employees between their residences or other designated locations and their place of employment on a nonprofit basis in which the operating costs of such arrangement are paid for by the employees utilizing such arrangement. (c) The President shall submit to the Congress an annual report Report to concerning all steps taken under subsections (a) and (b). ENERGY CONSERVATION IN POLICIES AND PRACTICES OF CERTAIN FEDERAL AGENCIES Congress. SEC. 382. (a) (1) The Civil Aeronautics Board, the Interstate Com- Study; report merce Commission, the Federal Maritime Commission, the Federal to Congress. Power Commission, and the Federal Aviation Administration shall 42 USC 6362. each conduct a study and shall each report to the Congress within 60 days after the date of enactment of this Act with respect to energy conservation policies and practices which such agencies have instituted subsequent to October 1973. (2) Each of the agencies specified in paragraph (1) shall, within Report to 120 days after the date of enactment of this Act, report to the Con- Congress. gress with respect to the content and feasibility of proposed programs for additional savings in energy consumption by the persons regulated by each such agency which have as a minimum goal a 10-percent reduction, within 12 months of the institution of such programs, in energy consumption from the amount of energy consumed during calendar 1972, including any legislative recommendations each such agency finds are necessary to achieve such goal. (3) Each of the agencies specified in paragraph (1) shall conduct a study and prepare a report with respect to any requirement of any law administered by such agency or any major regulatory action which 89 STAT. 939 Report to 42 USC 6363. Definitions. Rules. the agency determines has the effect of requiring, permitting, or inducing the inefficient use of petroleum products, coal, natural gas, electricity, and other forms of energy, together with a statement of the need, purpose, or justification of any such requirement or such action. Each such report shall be submitted to the Congress within one year after the date of enactment of this Act. (b) Except as provided in subsection (c), each of the agencies specified in subsection (a) (1) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation. (c) Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety. FEDERAL ACTIONS WITH RESPECT TO RECYCLED OIL SEC. 383. (a) The purposes of this section are— (3) to reduce consumption of new oil by promoting increased utilization of recycled oil; and (4) to reduce environmental hazards and wasteful practices associated with the disposal of used oil. (b) As used in this section: (1) the term "used oil" means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities. (2) The term "recycled oil" means (A) used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or (B) any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d) (1) (A) (i), is substantially equivalent to new oil for a particular end use. (3) The term "new oil" means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil. (4) The term "manufacturer" means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives. (5) The term "Commission" means the Federal Trade Commission. (c) As soon as practicable after the date of enactment of this Act, the National Bureau of Standards shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Bureau of Standards shall report such procedures to the Commission. (d) (1) (A) Within 90 days after the date on which the Commission receives the report under subsection (c), the Commission shall, by rule, prescribe (i) test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil distributed for a particular end use; and (ii) labeling standards applicable to containers of recycled oil in order to carry out the purposes of this section. (B) Such labeling standards shall permit any container of recycled oil to bear a label indicating any particular end use for which a determination of substantial equivalency has been made pursuant to subparagraph (A) (i). (2) Not later than the expiration of such 90-day period, the Admin- Rules. istrator of the Environmental Protection Agency shall, by rule, prescribe labeling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use. (e) Beginning on the effective date of the standards prescribed pursuant to subsection (d) (1) (A)— (1) no rule or order of the Commission, other than the rules required to be prescribed pursuant to subsection (d) (1) (A), and no law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any container of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d) (1) (A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards prescribed under subsection (d) (1) (A) (ii); and (2) no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substantial equivalency of such recycled oil with new oil. (f) After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, including— (1) revising procurement policies to encourage procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and (2) educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nation's oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal. TITLE IV-PETROLEUM PRICING POLICY AND OTHER PART A-PRICING POLICY OIL PRICING POLICY SEC. 401. (a) The Emergency Petroleum Allocation Act of 1973 is amended by adding at the end thereof the following new sections: 15 USC 751 note. |