Environmental groups say TVA needs new permits to continue building Kingston gas plant

What This Story Is About

Environmental groups have sued the TVA, saying the public corporation’s decision to continue operating its nearby coal plant has triggered the need for a stricter air quality permit.

Why It Matters

The Tennessee Valley Authority could have a new set of hurdles to jump as it continues to build a natural gas plant in Kingston.

What Happens Next

At this time, there’s no word on how the court will rule.

For Context

In February, the TVA reversed course and decided to continue operating the infamous Kingston coal plant — the subject of a devastating 2008 coal ash spill — past a previously-set 2027 deadline.

Catch Up

That deadline is important; the TVA’s 2024 decision to shut down the coal plant played a major part in getting state approval to build the new gas plant.

KNOXVILLE, Tenn. (WVLT) – The Tennessee Valley Authority could have a new set of hurdles to jump as it continues to build a natural gas plant in Kingston.

Environmental groups have sued the TVA, saying the public corporation’s decision to continue operating its nearby coal plant has triggered the need for a stricter air quality permit. The groups have asked a federal court to hit pause on the new plant’s construction until the TVA gets new permits and takes steps to offset environmental harm in the area.

In February, the TVA reversed course and decided to continue operating the infamous Kingston coal plant — the subject of a devastating 2008 coal ash spill — past a previously-set 2027 deadline. That deadline is important; the TVA’s 2024 decision to shut down the coal plant played a major part in getting state approval to build the new gas plant.

At the time, the TVA argued that shutting the door on the coal plant would cut back on emissions enough that the new plant could be classified as a minor change to the TVA’s Kingston operations. The argument was enough to get state approval to build the gas plant under a minor New Source Review permit instead of a stricter permit obtained through the federal Clean Air Act’s rigorous Prevention of Significant Deterioration program.

The two groups suing the TVA — the Sierra Club and Appalachian Voices — say TVA changed the deal when it decided to operate the gas and coal plants at the same time, requiring the need for a more intense environmental review.

“TVA’s unilateral decision to change course rendered its minor modification air permit for the Gas Plant invalid,” the lawsuit says. “It nullified the factual premise the state permitting agency had expressly relied upon—that the Gas Plant’s emissions would be largely offset by the substantial reduction in emissions that would result from shutting down the Coal Plant.”

The TVA already got into hot water with the state over the gas plant’s construction. In August, the Tennessee Department of Environment and Conservation and the power provider entered into an administrative consent order that found the TVA had violated preconstruction rules. That said, the order doesn’t require the TVA to stop building the gas plant, hence the lawsuit.

At this time, there’s no word on how the court will rule.