Annual Environmental
Report
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epa enforcement initiative
photoThe Tennessee Valley Authority and the Environmental Protection Agency share the goal of reducing fossil-plant emissions. In early 1999, TVA began working with the EPA to develop a cost-effective solution that yields the largest pollution reduction for the investment.

TVA complies with all requirements of the Clean Air Act. It also routinely maintains its generating plants to maximize their efficiency and improve their performance—a practice that supports system reliability and helps keep electricity costs as low as possible. But recently the EPA began viewing this routine maintenance as creating a “new source” of emissions. The EPA’s contention is that such “new sources” must meet the more stringent pollution-control standards applied to newly built generating facilities. This change reflects a dramatic shift in the way the EPA has interpreted these regulations for the past 20 years.

The EPA now claims that 80 to 90 percent of the utility industry is in violation of its pollution-control requirements and it issued an administrative order against TVA claiming that TVA was in violation of the Clean Air Act’s new source review program. This new interpretation of an old rule could threaten the region’s power supply and impact the cost of power to TVA customers. Unfortunately, after almost a year of efforts to resolve the EPA’s concerns, TVA and the EPA were unable to reach a resolution. To protect the interest of its customers, TVA has petitioned the court to review and stay the administrative order. TVA must be able to continue to maintain its plants while supplying low-cost, reliable power.

While TVA believes that it must continue to reduce emissions, the agency is focusing its resources where they will produce the most substantial environmental improvements. For example, TVA is implementing a plan to reduce nitrogen oxide emissions during the ozone season by 70 to 75 percent at a cost of $750 million to $800 million. (For more information about TVA’s air emissions, see the related story in this report.)

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