Jason Sandford
Jason Sandford is a reporter, writer, blogger and photographer interested in all things Asheville.
The Tennessean’s Anne Paine has been covering the NC vs. TVA air pollution lawsuit happening in federal court here in Asheville. Earlier this week, she had a story about the Biltmore Estate’s Bill Cecil testifying about air pollution’s impact on the famous mansion.
Here’s a clip from today’s story:
ASHEVILLE, N.C. — The Tennessee Valley Authority skirted environmental regulations when upgrading its coal plants, causing it to illegally emit a million tons of pollutants over the past two decades, according to a former EPA official.
The Environmental Protection Agency cracked down on other utilities that tried the same maneuvers, but in TVA’s case, the EPA stopped short of suing because of a longstanding practice of not taking other federal agencies to court, said Bruce C. Buckheit, EPA air enforcement director from 1996 to 2003.
The testimony in the lawsuit by North Carolina against the federal utility appears to be an effort to blunt TVA’s contention that it has been in compliance with all environmental laws. “We were stunned,” said Buckheit, referring to TVA’s emissions. “This is one of the most significant violations I’ve ever seen.”
His testimony had TVA attorney Maria Gillen on her feet repeatedly to protest. “The EPA never did prove those allegations…,” she said.
She challenged Buckheit as a “fact” witness, saying he was making $250 an hour. She also said more than once that he is “a lawyer.”
“He also has two degrees in physics,” said Michael D. Goodstein, an attorney representing the state.
U.S. District Court Judge Lacy Thornburg, after considering the matter, let the testimony proceed.
At issue is New Source Review, governing older power plants that don’t have to meet stipulations of the Clean Air Act.
The 1977 EPA statute required owners of older power plants to seek new permits if they wanted to make plant modifications, expansions or other changes that would increase the amount of pollution released.
Best available technology pollution controls are required under the rule, as they are on new plants.
TVA and many other utilities continued to rework older plants but said the changes were minor and didn’t fall under this statute.
EPA launched a major investigation in the 1990s, often proving otherwise, Buckheit said.
