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 ALL