Tennessee AG joins GOP states' challenge to new EPA rules

Tennessee Attorney General Jonathan Skrmetti has joined GOP counterparts in 24 states in challenging new Biden administration rules limiting greenhouse gas emissions, water pollution and coal ash contamination generated by the nation's gas- and coal-fired power plants.

The legal petition was filed Thursday in the D.C Court of Appeals — the same day the Environmental Protection Agency published its final rule, hailed by environmental groups as a critical step forward in curbing planet-warming pollution.

The attorneys general, however, argued the EPA's new rule "exceeds the agency's statutory authority and otherwise is arbitrary, capricious, an abuse of discretion and not in accordance with law."

Industry groups have also criticized the EPA for rules that impose the use of untested technology on the energy sector and warned of job loss and destabilization of the nation's energy grid.

The EPA rules require existing coal-fired power plants to limit carbon emissions by 90% beginning in 2039 – or cease operations entirely. New gas plants will also have to meet new carbon capture standards that depend on their capacity.

The rules also force power plants to clean up lingering deposits of coal ash, a toxic byproduct of power generation that can leach arsenic, mercury and other dangerous pollutants into streams, lakes and groundwater.

In Tennessee, the rules would apply largely to the Tennessee Valley Authority, its fleet of coal and gas plants and large accumulations of coal ash.

A spokesperson for TVA said last week the utility is reviewing the new EPA rules, noting carbon reduction initiatives and coal ash management practices already underway.

"Already an industry leader in carbon reductions, TVA has reduced emissions by 57% from 2005 levels," said Scott Brooks, the spokesperson.

"Nearly 60% of TVA's energy comes from carbon-free sources, including nuclear, hydropower, storage, and solar," he said. "We are actively integrating more renewables into the system, investing in new technologies, and retiring older, less efficient generation. We are doing this in a holistic way that ensures affordability, reliability and resiliency for our 10 million customers."

In total, Tennessee derives 20% of its electricity from natural gas, 24% from coal, 42% from nuclear and 14% from renewables, according to the U.S. Energy Information Administration.

TVA has come under criticism for its continued reliance on fossil fuels as it replaces aging coal-fired power plants with methane-gas fueled power plants.

"We believe that TVA's long-range power plans should reflect the administration's goals of bringing our country forward in addressing the climate crisis, but at this point I don't think TVA is doing that," Stephen Smith, executive director for the Southern Alliance for Clean Energy, said in a telephone interview with the Chattanooga Times Free Press. "TVA does not have a coherent plan to getting to net or zero carbon and the planning ... has not been as thorough or transparent as we think is needed."

Staff Writer Dave Flessner contributed to this report.