2012 US Code
Title 42 - The Public Health and Welfare
Chapter 152 - ENERGY INDEPENDENCE AND SECURITY (§§ 17001 - 17386)
Subchapter VII - IMPROVED MANAGEMENT OF ENERGY POLICY (§§ 17281 - 17305)
Part A - Management Improvements (§§ 17281 - 17286)
Section 17283 - Coordination of planned refinery outages
Publication Title | United States Code, 2012 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 152 - ENERGY INDEPENDENCE AND SECURITY SUBCHAPTER VII - IMPROVED MANAGEMENT OF ENERGY POLICY Part A - Management Improvements Sec. 17283 - Coordination of planned refinery outages |
Contains | section 17283 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 110-140, title VIII, §804, Dec. 19, 2007, 121 Stat. 1720. |
Statutes at Large Reference | 121 Stat. 1720 |
Public Law Reference | Public Law 110-140 |
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In this section:
(1) AdministratorThe term “Administrator” means the Administrator of the Energy Information Administration.
(2) Planned refinery outage (A) In generalThe term “planned refinery outage” means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification.
(B) ExclusionThe term “planned refinery outage” does not include any necessary and unplanned removal of a refinery, or any unit of a refinery, from service as a result of a component failure, safety hazard, emergency, or action reasonably anticipated to be necessary to prevent such events.
(3) Refined petroleum productThe term “refined petroleum product” means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal.
(4) RefineryThe term “refinery” means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process.
(b) Review and analysis of available informationThe Administrator shall, on an ongoing basis—
(1) review information on refinery outages that is available from commercial reporting services;
(2) analyze that information to determine whether the scheduling of a refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by—
(A) decreasing the production of the refined petroleum product; and
(B) causing or contributing to a retail or wholesale supply shortage or disruption;
(3) not less frequently than twice each year, submit to the Secretary a report describing the results of the review and analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product.
(c) Action by SecretaryOn a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of subsection (b), that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time.
(d) LimitationNothing in this section shall alter any existing legal obligation or responsibility of a refinery operator, or create any legal right of action, nor shall this section authorize the Secretary—
(1) to prohibit a refinery operator from conducting a planned refinery outage; or
(2) to require a refinery operator to continue to operate a refinery.
(Pub. L. 110–140, title VIII, §804, Dec. 19, 2007, 121 Stat. 1720.)
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