[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22095-22096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9581]
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ENVIRONMENTAL PROTECTION AGENCY
[Docket ID Number EPA-HQ-OECA-2010-0710; FRL-9298-2]
Clean Air Act: Opportunity To Comment, Activities Required by
Federal Facilities Compliance Agreement With the Tennessee Valley
Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) has entered into a
federal facilities compliance agreement with the Tennessee Valley
Authority (TVA), Docket No. CAA-04-2010-1760 (Compliance Agreement) to
resolve alleged violations of the Clean Air Act and its implementing
regulations at the eleven facilities that TVA owns and operates in
Alabama, Kentucky, and Tennessee. EPA is hereby providing public notice
of this Compliance Agreement and providing an opportunity for
interested persons to comment on the Compliance Agreement.
DATES: Comments are due on or before May 20, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2010-0710, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected], Attention Docket ID No. EPA-
HQ-OECA-2010-0710.
Mail: Enforcement and Compliance Docket Information
Center, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-OECA-2010-0710.
Hand Delivery: Enforcement and Compliance Docket
Information Center in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1927.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2010-0710. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or [email protected], Attention Docket ID No. EPA-HQ-OECA-2010-0710.
The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Enforcement and
Compliance Docket Information Center in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is (202) 566-1744, and the telephone number
for the Enforcement and Compliance Docket is (202) 566-1927.
FOR FURTHER INFORMATION CONTACT: Jason Dressler, South Air Enforcement
Section (9T25), Environmental Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303; telephone number: 404-562-9208; e-mail
address: [email protected].
Summary of the Proposed Action for Comment
EPA alleges in the Compliance Agreement and the companion Consent
Agreement and Final Order (CAFO), Docket No. CAA-04-2010-1528(b), that
TVA failed to comply with certain requirements of the Clean Air Act
intended to protect air quality. TVA is also concurrently entering into
a federal consent decree (Consent Decree) with the State of Alabama,
the Commonwealth of Kentucky, the State of North Carolina, the State of
Tennessee and three non-governmental organizations, the National Parks
Conservation Association, the Sierra Club, and Our Children's Earth
Foundation, pertaining to such alleged violations of the Clean Air Act.
Pursuant to the proposed Consent Decree, TVA will perform substantially
the same relief as required by the Compliance Agreement. Neither the
CAFO nor the Consent Decree are subject to this notice for public
comment. EPA is only requesting public comment regarding the Compliance
Agreement, Docket No. CAA-04-2010-1760.
EPA alleges that TVA violated the Prevention of Significant
Deterioration, Nonattainment New Source Review, New Source Performance
Standards, and Title V provisions of the Clean Air
[[Page 22096]]
Act, 42 U.S.C. 7470-7492, 7501-7515, 7411, 7661-7661f, and related
state and federal implementing regulations at the following coal-fired
power plants: The Allen Fossil Plant located in Shelby County, Memphis,
Tennessee; the Bull Run Fossil Plant, located in Anderson County,
Clinton, Tennessee; the Colbert Fossil Plant, located in Colbert
County, Tuscumbia, Alabama; the Cumberland Fossil Plant, located in
Stewart County, Cumberland City, Tennessee; the John Sevier Fossil
Plant, located in Hawkins County, Rogersville, Tennessee; the Kingston
Fossil Plant, located in Roane County, Kingston, Tennessee; the
Paradise Fossil Plant, located in Muhlenburg County, Drakesboro,
Kentucky; and the Shawnee Fossil Plant, located in McCracken County,
Paducah, Kentucky.
The alleged violations arise from the construction of modifications
at units at these plants and operation of such units in violation of
the requirements of the Act. EPA alleges that TVA failed to obtain
appropriate permits prior to making major modifications and failed to
install and apply required pollution control devices to reduce
emissions of various air pollutants from units at the plants identified
above. The CAFO assesses a civil penalty of $8 million to resolve these
alleged violations. In addition to the $8 million proposed civil
penalty TVA will pay to EPA, pursuant to the Consent Decree TVA will
pay $500,000 to Alabama, $500,000 to Kentucky, and $1 million to
Tennessee to resolve alleged violations of the Clean Air Act and
related state and federal implementing regulations.
The Compliance Agreement addresses units at the eight plants
identified above as well units at the following three plants that were
not alleged to be in violation of the Clean Air Act or related state
and federal implementing regulations: the Gallatin Fossil Plant located
in Sumner County, Gallatin, Tennessee; the Johnsonville Fossil Plant
located in Humphreys County, near Waverly, Tennessee; and the Widows
Creek Fossil Plant located in Jackson County, near Stevenson, Alabama.
The Compliance Agreement requires installation, upgrading, and
continuous operation of pollution control devices on a number of the 59
units at the 11 plants addressed in this Compliance Agreement. The
Compliance Agreement also requires TVA to permanently shut down and
cease to operate two units at the John Sevier plant, six units at the
Widows Creek plant, and all ten units at the Johnsonville plant.
Further, the Compliance Agreement imposes emissions caps that limit the
total amount of nitrogen oxides and sulfur dioxide that can be
collectively emitted by all 59 units at these plants. And, the
Compliance Agreement imposes obligations that will reduce emissions of
particulate matter.
The Compliance Agreement requires TVA to spend $290 million for
environmental mitigation projects in its service territory to mitigate
the alleged adverse effects of its past alleged violations. Pursuant to
the Consent Decree, TVA will fund an additional $60 million in
environmental mitigation projects in Alabama, Kentucky, North Carolina,
and Tennessee.
Dated: April 15, 2011.
Adam M. Kushner,
Director, Office of Civil Enforcement.
[FR Doc. 2011-9581 Filed 4-19-11; 8:45 am]
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