The Tennessee River Basin Authority is seeking to reduce regulations on pollutants and wastewater discharged from the Kingston coal-fired power plant into the Clinch River, requiring state regulators to apply the Trump administration’s less stringent environmental regulations.
Power plants like Kingston must obtain a National Pollution Emission Elimination System License, also known as NPDES. These permits stipulate the pollution sources of water bodies across the country.
The guide was developed by the Federal Environmental Protection Agency, but distributed by state agencies such as the Tennessee Department of Environment and Protection. The current guidelines were formulated in 2020 and rolled back the standards established in 2015.
TVA requires TDEC to amend its current license at the Kingston fossil plant to comply with 2020 federal regulations.
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Residents are invited to ask questions and comment at the TDEC hearing at the Kingston Community Center at 5 pm on Monday. According to the notice of the hearing, an informal question and answer will be conducted before 5:30 pm, and the hearing will last until 7 pm. TDEC will also accept written comments before November 30, which can be sent by email to Vojin Janjić vojin.janjic@tn.gov.
The U.S. Environmental Protection Agency conducted a “science-based review” of the 2020 rules this year and stated that it has identified “opportunities for improvement” and will release the proposed rules for public comment in the fall of 2022.
If the EPA rules change again, the Southern Center for Environmental Law, which strives for "clean air, clean water, and a livable climate," require TDEC to include a "reopening" clause in any permits it drafts under the 2020 final rules. The reopening clause says that if stricter standards are adopted, the factory’s license will be modified or revoked and then reissued to meet the new standards.
"In fact, these technology-based standards are designed to stop pollution at the source, where it is easier to control, rather than trying to clean up our rivers and streams after it has already done harm to it," said Amanda Garcia, the director of the center. Tennessee Office of the Southern Environmental Law Center.
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EPA's 2015 guidelines are the first time since 1982 to restrict the flow of wastewater from steam power plants. According to the EPA, the 1982 rule does not consider plants that dissolve pollutants. The 2015 rules set guidelines for factories to update their technology and create filtration systems to limit the following sources of wastewater generated by coal-fired factories:
According to the 2015 final rule fact sheet, power plants must update their technology by 2023 to comply with the 2015 restrictions. These dates are authorized by TDEC for TVA.
However, the 2020 rules change the guidelines for two waste streams: flue gas desulfurization and bottom ash.
According to EPA's 2020 regulations, flue gas desulfurization is to extract sulfur dioxide from flue gas through scrubbers to prevent sulfur dioxide emissions. These systems can be wet or dry. The wet system is a system that discharges waste water.
The bottom ash is the heavier ash particles that fall on the bottom of the furnace. According to the US Environmental Protection Agency, in most furnaces, the bottom ash is "poured" in a hopper filled with water. These ashes are usually transported to the water storage system. Once the bottom ash settles to the bottom of the reservoir, the overflow from the transport water is usually discharged as wastewater.
According to the 2015 regulations, the plant's goal is to limit certain trace elements in the flue gas desulfurization waste stream, including arsenic, mercury, nitrogen, and selenium. The factory will also strive to discharge zero pollutants from the bottom ash transportation water.
Although the 2020 rule includes some of the same types of restrictions in its general rules, it makes more lenient rules for certain factories based on categories such as size and power output.
These subcategories include high-flow units, low-utility units, and boilers that are scheduled to stop burning coal by 2028. TVA is evaluating plans to stop coal burning at the Kingston coal-fired power plant.
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"Although TVA has submitted a Notice of Participation in the Plan (NOPP) to participate in the retirement subcategory, according to the rules and our draft permit, we can choose to move to a different compliance path if necessary," TVA spokesperson Scott Brooks (Scott Brooks) told Knox News in an email statement. "No decision has been made regarding the future of the Kingston Fossil Plant."
Anila Yoganathan is an investigative reporter for Knox News. Email her anila.yoganathan@knoxnews.com.