EPA v. TENNESSEE VALLEY AUTHORITY, WIDOWS CREEK FOSSIL PLANT

Case summary

3/15/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $450,000. FACTUAL ALLEGATIONS: THE WIDOWS CREEK PLANT IS MAJOR SOURCE UNDER TITLE V OF THE ACT AND IS SUBJECT TO THE REGULATORY REQUIREMENT TO OPERATE UNDER A TITLE V STATE OPERATING PERMIT AND TO COMPLY WITH THE CODE OF ALABAMA, TITLE 22, CAHPTER 28; AND THE ADEM ADMIN. CODE R. 335-3-16. IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR PART 70 AND ADEM ADMIN CODE 335-3-16, TVA WAS ISSUED A PART 70 OPERATING PERMIT NO. 705-0008 (TITLE V PERMIT) ON DEC 29, 2003. THIS PERMIT WAS IN EFFECT FOR PERIODS RELEVANT TO THE ALLEGATIONS ADDRESSED IN THIS CAFO. EPA ISSUED AN NOV TO TVA ON JULY 11, 2007, ALLEGING VIOLATIONS OF THE CAA ASSOCIATED WITH UNIT 7 AT THE WIDOWS CREEK PLANT. THE ALLEGED VIOLATIONS RESULTED FROM HOLES IN THE DUCTWORK AT UNIT 7 THAT WERE NOT ADEQUATELY REPAIRED AND THAT ALLOWED SULFUR DIOXIDE AND NITROGEN OXIDES TO ESCAPE TO THE ATMOSPHERE FROM 2002 THRU 2005. THE SPECIFIC VIOLATIONS INCLUDE THE FOLLOWING: - FOR 2002-2005, FAILURE TO MAINTAIN EQUIPMENT IN GOOD WORKING ORDER TO PREVENT RELEASES AS REQUIRED BY GENERAL PROVISO 16 OF TVA'S TITLE V PERMIT: ALL AIR POLLUTION CONTROL DEVICES AND CAPTURE SYSTEMS FOR WHICH THIS PERMIT IS ISSUED SHALL BE MAINTAINED AND OPERATED AT ALL TIMES IN A MANNER SO AS TO MINIMIZE THE EMISSIONS OF AIR CONTAMINANTS... - FOR 2002-2005, FAILURE TO MEASURE EMISSIONS AS REQUIRED BY 40 CFR 75.10. - FOR 2002-2005, FAILURE TO HOLD AND DEDUCT AN ALLOWANCE FROM THE WIDOWS CREEK UNIT 7 SUBACCOUNT FOR EACH TON OF SULFUR DIOXIDE EMITTED AS REQUIRED BY 40 CFR 72.9(c). - FAILURE TO FOLLOW MISSING DATA PROCEDURES AS REQUIRED WHENEVER A MONITOR IS NOT WORKING, 40 CFR 75.30-37. - FOR 2004-2005, FAILURE TO REPORT NON-COMPLIANCE WITH THE ACID RAIN PROGRAM IN ITS TITLE V ANNUAL CERTIFICATIONS. FOR PURPOSES OF SETTLEMENT, THE PARTIES HAVE AGREED THAT AN ESTIMATED 931 TONS OF SULFUR DIOXIDE AND 13 TONS OF NITROGEN OXIDES WERE EMITTED FROM THE LEAKING DUCTWORK DURING THE RELEVANT TIMEFRAME SET OUT IN THIS CAFO. PURSUANT TO SETTLEMENT DISCUSSIONS AND PRIOR TO THE PARTIES' ENTRY INTO THIS CAFO, TVA RETIRED: (1) 931 SULFUR DIOXIDE ALLOWANCES UNDER THE ACID RAIN TRADING PROGRAM THAT IS EXPECTED TO RESULT IN THE ELIMINATION OF 931 TONS OF SULFUR DIOXIDE FROM THE TRADING PROGRAM; AND (2) 13 OZONE-SEASON NITROGEN OXIDE CREDITS THAT WILL RESULT IN THE ELIMINATION OF 13 TONS OF NITROGEN OXIDE FROM THE TRADING PROGRAM. PRIOR TO THE EFFECTIVE DATE OF THIS CAFO, TVA SUBMITTED DOCUMENTATION TO EPA THAT DEMONSTRATES THAT THE CREDITS HAVE BEEN RETIRED.

Defendants (2)

• WIDOWS CREEK FOSSIL PLANTNamed in complaintNamed in settlement
• TENNESSEE VALLEY AUTHORITYNamed in complaintNamed in settlement

Facilities (12)

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

• TVA

  HWY 72, STEVENSON, AL, 35772

  Registry ID: 110000604944

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 412 — Acid Rain Requirements

Enforcement conclusions (1)

• TENNESSEE VALLEY AUTHORITY , WIDOWS CREEK FOSSIL PLANTentered 2011-03-15

  Primary law: CAA

  Federal penalty: $450,000

Timeline (4 milestones)

• 2011-03-15Final Order Issued
• 2011-03-15Complaint Filed/Proposed Order
• 2011-03-29Enforcement Action Data Entered
• 2011-04-05Enforcement Action Closed