The U.S. Environmental Protection Agency will say in a notice in the June 20 Federal Register that it has worked out a Clean Air Act consent decree in the case Sierra Club v. McCarthy, which has to do with air permitting for the coal-fired Bull Run power plant of the Tennessee Valley Authority.
On Feb. 12, 2016, the Sierra Club filed a complaint in the U.S. District Court for the District of Columbia, alleging that Gina McCarthy, in her official capacity as Administrator of the EPA, failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by Sierra Club on Sept. 29, 2015, requesting that EPA object to a CAA Title V permit issued by the Tennessee Department of Environment and Conservation for the Bull Run Fossil Plant, located in Clinton, Tennessee.
The proposed consent decree would establish a deadline for EPA to take such action. EPA will take comment on the proposed deal for 30 day beyond June 20.
Under the terms of the proposed consent decree, EPA would agree to sign its response granting or denying the petition filed by the Sierra Club on or before Nov. 10, 2016. In addition, the proposed consent decree outlines the procedure for the plaintiffs to request costs of litigation, including attorney fees.
The Bull Run Fossil Plant is located on Bull Run Creek near Oak Ridge, Tenn. It is the only single-generator coal-fired power plant in the TVA system. The plant has a summer net capability of 881 MW.