1. U.S. Code
  2. title 42
  3. chapter 77
  4. subchapter I
  5. part D
  6. § 6250d

Collapse to view only § 6250d. Exemptions

§ 6250. Establishment
(a) Notwithstanding any other provision of this chapter, the Secretary may establish, maintain, and operate in the Northeast a Northeast Home Heating Oil Reserve. A Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this subchapter. A Reserve established under this part shall contain no more than 2 million barrels of petroleum distillate.
(b) For the purposes of this part—
(1) the term “Northeast” means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, and New Jersey;
(2) the term “petroleum distillate” includes heating oil and diesel fuel; and
(3) the term “Reserve” means the Northeast Home Heating Oil Reserve established under this part.
(Pub. L. 94–163, title I, § 181, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

CITE AS: 42 USC 6250

§ 6250a. Authority
To the extent necessary or appropriate to carry out this part, the Secretary may—
(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services;
(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part;
(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, petroleum distillate for storage in the Northeast Home Heating Oil Reserve;
(4) store petroleum distillate in facilities not owned by the United States; and
(5) sell, exchange, or otherwise dispose of petroleum distillate from the Reserve established under this part, including to maintain the quality or quantity of the petroleum distillate in the Reserve or to maintain the operational capability of the Reserve.
(Pub. L. 94–163, title I, § 182, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2034.)

CITE AS: 42 USC 6250a

§ 6250b. Conditions for release; plan
(a) FindingThe Secretary may sell products from the Reserve only upon a finding by the President that there is a severe energy supply interruption. Such a finding may be made only if he determines that—
(1) a dislocation in the heating oil market has resulted from such interruption; or
(2) a circumstance, other than that described in paragraph (1), exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage.
(b) DefinitionFor purposes of this section a “dislocation in the heating oil market” shall be deemed to occur only when—
(1) The price differential between crude oil, as reflected in an industry daily publication such as “Platt’s Oilgram Price Report” or “Oil Daily” and No. 2 heating oil, as reported in the Energy Information Administration’s retail price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and
(2) The price differential continues to increase during the most recent week for which price information is available.
(c) Continuing evaluation
(d) Release of petroleum distillateAfter consultation with the heating oil industry, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that—
(1) the Secretary may—
(A) sell petroleum distillate from the Reserve through a competitive process, or
(B) enter into exchange agreements for the petroleum distillate that results 1
1 So in original. Probably should be “result”.
in the Secretary receiving a greater volume of petroleum distillate as repayment than the volume provided to the acquirer;
(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent in petroleum distillate that provides the Department with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and
(3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petroleum distillate.
(e) PlanWithin 45 days of November 9, 2000, the Secretary shall transmit to the President and, if the President approves, to the Congress a plan describing—
(1) the acquisition of storage and related facilities or storage services for the Reserve, including the potential use of storage facilities not currently in use;
(2) the acquisition of petroleum distillate for storage in the Reserve;
(3) the anticipated methods of disposition of petroleum distillate from the Reserve;
(4) the estimated costs of establishment, maintenance, and operation of the Reserve;
(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the Northeast; and
(6) actions to ensure quality of the petroleum distillate in the Reserve.
(Pub. L. 94–163, title I, § 183, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2035; amended Pub. L. 109–58, title III, § 301(d), Aug. 8, 2005, 119 Stat. 684.)

CITE AS: 42 USC 6250b

§ 6250c. Northeast Home Heating Oil Reserve Account
(a) Establishment
(b) Deposits
(c) Obligation of amounts
(Pub. L. 94–163, title I, § 184, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

CITE AS: 42 USC 6250c

§ 6250d. Exemptions

An action taken under this part is not subject to the rulemaking requirements of section 6393 of this title, section 7191 of this title, or section 553 of title 5.

(Pub. L. 94–163, title I, § 185, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.)

CITE AS: 42 USC 6250d

§ 6250e. Repealed. Pub. L. 109–58, title III, § 301(a)(2), Aug. 8, 2005, 119 Stat. 683

CITE AS: 42 USC 6250e

§ 6250f. Limit on amount of petroleum distillate

Notwithstanding section 6250 of this title, for fiscal year 2012 and hereafter, the [Northeast Home Heating Oil] Reserve shall contain no more than 1 million barrels of petroleum distillate.

(Pub. L. 112–74, div. B, title III, Dec. 23, 2011, 125 Stat. 869.)

CITE AS: 42 USC 6250f