[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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