1 APPENDIX A

REPORTING REQUIREMENTS

I. Annual Reporting Requirements

Beginning six (6) months after the Effective Date of this Compliance Agreement, and continuing annually o n April 30 each year thereafter, TVA shall submit annual reports to EPA

, the States , and the Citizen Plaintiffs electronically as required by Section

V.I (Periodic Reporting). EPA, the States, and the Citizen Plaintiffs reserve the right to request such information in hard copy. In such annual reports, TVA shall include the

follo wing information:

A. System

- Wide Annual Tonnage Limitations for NO

x and SO 2

TVA shall report the following information: (1 ) the total actual annual tons of the

po llutant emitted from each Unit or
, for Units sharing a common stack, the total actual

annu al tons of the pollutant emitted from each combined stack

, within the TVA System and any New CC/CT Units during the prior calendar year; ( 2 ) the total actual annual tons of the pollutant emitted from the TVA System and any New CC/CT Units during the prior calendar year; ( 3 ) the difference, if any, between the System

- Wide Annual Tonnage Limitation for the pollutant in that calendar year and the amount reported in subparagraph ( 2 ); and ( 4 ) for each pollutant, (a) the annual avera ge emission rate, expressed as

lb/mmBTU

, for each Unit within the TVA System and any New CC/CT Units in the prior calendar year and (b) the annual average emission rate, expressed as lb/mmBTU

, for the

entire TVA System and any New CC/CT Units during the prior calendar year. Data

submi tted pursuant to this su bsection shall be based upon CEMS pursuant to Paragraphs

85 and 101

.

If TVA was subject to an adjusted System

- Wide Annual Tonnage Limitation specified in Paragraphs 72 and 87 in the calendar year covered by the annual report , it

shall report the following: (1) the Units at which the adjusted System

- Wide Annual

T onnage Limitations in Paragraph s 7 2 and 8 7 apply and (2) the adjusted aggregate System

- Wide Annual Tonnage Limitation.

B. Continuous Op eration of Pollution Control T echnology or Combustion

Controls

TVA shall report the date that it commenced Continuous Operation of each SCR, FGD, PM Control Device, SNCR, LNB, OFA, and SOFA that TVA is required to Continuously Operate pursuant to this Compliance Agreement in the calendar year covered by the annual report.

TVA shall report, for any SCR, FGD, PM Control Device, SNCR, LNB, OFA

, and SOFA that TVA is required to Continuously Operate during the calendar year covered by the annual report , the duration of any pe riod during which that pollution2 control technology or combustion control did not Continuously Operate, including the specific dates and times that such pollution control technology or combustion control did not operate, the reason why TVA did not Continuo usly Operate such pollution control technology or combustion control , and the measures taken to reduce emissions of the pollutant controlled by such pollution control technology or combustion control

.

TVA shall include a statement in each annual report de scribing the actions it took

to opt imize the PM Control Devices as required by Paragraph 102 in the relevant calendar year.

C. Installation of NO

x , SO 2 , and PM Control Device s

TVA shall report on the progress of construction (including upgrades) of SCRs

and FGDs ( and new PM Control Device s
, if any) required by this Compliance Agreement including: (1) if construction is not underway, any available information concerning the construction schedule, including the dates of any major contracts executed during the prior calendar year, and any major components delivered during the prior calendar year; (2) if construction is underway, the estimated percent of installation as of the end of the prior calendar year, the current estimated construction completion date, and a brief description of completion of significant milestones during the prior calendar year, including a narrative description of the current construction status ( e.g . foundations completed, absorber installation proceeding

, all material on

- site, new s tack erection completed, etc.); (3) a list of all permits needed to construct and operate the device, the date TVA applied for such permit s , and the status of the permit application s ; and (4 ) once construction is complete, the dates the equipment was place d in service and any performance/emissions testing that was performed during the prior calendar year

. For purposes of the FGD upgrade at Paradise Units 1 and 2, TVA shall demonstrate , with supporting documentation, that the construction activiti es perform ed to upgrade the

FGDs at Paradise Units 1 and 2 were designed to upgrade the FGDs to a 93% removal efficiency.

D. Unit Retirement s

Beginning o n April 30 of the year following TVA’s obligation pursuant to this Compliance Agreement to Retire a TVA System Unit, and continuing annually thereafter until all TVA System Units required to be Retired have been Retired, TVA shall report

the date it Retired such Uni t and a description of the actions TVA took to Retire such

Uni t within the meaning of Paragraph 55

.

E

. R epower to R enewable B iomass

If TVA elects the Repower to Renewable Biomass option for a TVA System Unit, in the next annual report following such el ection, and continuing annually thereafter, TVA shall report on the progress of its efforts to Repower such TVA System Unit including: (1) if construction is not underway, any available information concerning the construction schedule, including the dates of any major contracts executed during the3 prior calendar year, and any major components delivered during the prior calendar year; (2) if construction is underway, the estimated percent of installation as of the end of the prior calendar year, the current estimated construction completion date, and a brief description of completion of significant milestones during the prior calendar year, including a narrative description of the cu rrent construction status; (3) a list of all permit s needed to construct and operate the Repowered Unit, the date TVA applies for such permits, and the status of the permit applications ; and (4) once construction is complete, the dates the Repowered Unit was placed in service and any performance/emissions testing that was performe d during the prior calendar year.

F. PM Emission Control Optimization Study

Beginning on April 30 of the year following TVA’s obligation to implement the

EPA

- approved recommendations required by Paragraph 103 , TVA shall include a statement describing ho w it maintained each PM Control Device in accordance with the

EPA

- approved PM emission control optimization study.

G

. Reporting Requirements for NO

x and SO 2 Allowances

1. Reporting Requirements for NO

x and SO 2 Surrendered Allowances

TVA shall report the number of NO

x and SO 2 Allowances that were allocated to it under any programs and the number of NO

x and SO 2 Allowances surre ndered pursuant to Paragraphs 79 and 9 5 for the prior calendar year. TVA shall include the mathematical basis supporting its calculation of NO

x and SO 2 Allowances surrendered.

2. Reporting Requirements for NO

x and SO 2 Super

- Compliance

Allowances

TVA shall report any Super

- Compliance NO

x or SO 2 Allowances that it genera ted as provided in Paragraphs 82 and 98 for the prior calendar year. TVA shall include the mathematical basis supporting its calculation of Super

- Compliance NO

x or SO 2 Allowances

. TVA shall also specifically identify the amount, if any, of Super

Complian ce NO

x and SO 2 Allowances that TVA generated from Retiring a TVA System Unit that TVA did not utilize for purposes of Paragraph 121 ( New CC/CT Units )

.

H

. New CC /CT Units

TVA shall report all information necessary to determine compliance with Paragraphs 121

- 123

. In particular, TVA shall report whether it has applied for a mi nor NSR permit as described in Subp aragraph 121

. b and 123.c to construct a New CC/CT

Unit , and shall confirm that it timely provided a copy of the permit application to EPA, the States, and the Citizen Plaintiffs as required by Subp aragraph 121. c and Paragraph

155. TVA shall report the amount of emission reductions of NO

x and the amount of

emission reductions of SO 2 re sulting from Retiring a TVA System Unit that TVA utilized as netting credits as provided in Paragraph 121. TVA shall report the amount of emission4 reductions of Greenhouse Gases resulting from Retiring a TVA System Unit that TVA utilized as netting credit s as provided in Paragraph 123. TVA shall describe how the

emission s decreases on which i t is relying in order to construct a New CC/CT Unit as provided in Paragraph 121 and 123 are both contemporaneous and otherwise creditable within the meaning of the C lean Air Act and the applicable SIP. In making these demonstrations, TVA shall provide unit

- by

- unit explanations and calculations. TVA shall include a description of the emission limitations determined by the relevant permitting authority as described in Subparagraph 121. b , and how such emission limitations are consistent with this Compliance Agreement and Appendix B. TVA shall provide all relevant information, including an appropriate mathematical calculation, to demonstrate that any emission decrease u pon which it relied for purposes of Paragraph 121 was not used to generate a Super

- Compliance NO

x or SO 2 Allowance in the calendar year in which TVA relies upon such emission reduction and all calendar years thereafter. TVA shall provide all information necessary to determine compliance with the conditions established in Paragraphs 123.b

- 123.c.

I

. NO

x , SO 2 , and PM CEMS Malfunction, Repair, or Maintenance

TVA shall report all periods when a CEMS required by this Com pliance Agreement was not operating, including periods of monitor malfunction, repair, or maintenance in the prior calendar year.

J

. PM CEMS Data

In an electronic, spreadsheet format, TVA shall submit the data recorded by the PM CEMS, expressed in lb/mm BTU

, on a three

- hour (3

- hour) rolling average basis and a

twenty

- four

- hour ( 24

- hour ) rolling average basis , and shall include identification of each

3

- hour average and 24

- hour average above the 0.030 lb/mmBTU PM Emission Rate for

Bull Run Unit 1 , Colbert U nit 5, and Kingston Units 1

- 9, for the prior calendar year

. If TVA locates a PM CEMS at another Unit in the TVA System pursuant to Paragraph 114

, and such Unit is also subject to a PM Emission Rate pursuant to Paragraph 1 04 , TVA

shall also include identif ication of each 3

- hour average exceededance for such Unit.

K

. SO 2 Emission Rate at Shawnee

TVA shall submit all data necessary to determine whether emissions of SO 2 from

Shawnee Units 1

- 10 exceeded 1.2 lb/mmBTU in the prior calendar year.

L

. PM Stack Tests & PM Emission Rates

TVA shall submit the complete report for the stack tests performed pursuant to Paragraphs 105 and 106 in the prior calendar year. TVA shall separately identify the

stack test reports for the TVA System Units subject to a PM Emission Rate under this Compliance Agreement.

M

. Environmental Mitigation Projects5 1. State Mitigation Projects

TVA shall report funds disbursed to the States pursuant to Paragraph s 122

- 124

and 126 of the Consent Decree in the prior calend ar year

.

2. Appendix C Projects

T VA shall report on the progress of the Mitigation Pro jects as provided in Appendix C

.

N

. Other Unit at Shawnee Becomes Improved Unit

If TVA decides to make an Other Unit at the Shawnee Plant an Improved Unit,

TVA shall so state in the next annual report it submit s after making such decision, and

shall comply with the reporting requirements specified in Section I. C of this Appendix and any other reporting or notice requirements in accordance with the Compliance Agre ement

.

O

. Projects Performed at Improved Units

TVA shall submit a list of all projects performed at an Improved Unit and an

Other Unit that increase the maximum hourly emission rate of that Unit for NO

x or SO 2

as described in Paragraphs 14 2 and 14 3 .a , as measured by 40 C.F.R. §§ 60.14(b) and (h).

P

. Capital Projects at Shawnee

TVA shall submit a list of all Capital Expenditures performed on the Boiler

Islands at each Unit at the Shawnee Plant in order to determine whether TVA has

exceeded the thr e shold s established in Paragraph 14 3 .b

.

Q. Emission Reductions Greater than those Required Under this Compliance Agreement

TVA shall report whether, in the relevant calendar year, it claimed to have achieved emission reductions at a particular TVA System Unit that are greater than those emission reductions required under this Compliance Agreement for the particular TVA System Unit as provided in Paragraph 120. If TVA did not claim to have achieved emission reductions at a particular TVA System Unit that a re greater than those emission reductions required under this Compliance Agreement, it shall so state. If TVA did, for any purpose, claim to achieve emission reductions at a particular TVA System Unit that are greater than those required under this Compli ance Agreement for that particular TVA System Unit, TVA shall include a description of how it achieved such emission reductions, including a mathematical calculation in support of the claimed emission reductions, an explanation of how such emission reducti ons are greater than those required under this Compliance Agreement, and the manner in which such emission6 reductions were either relied upon or used for purposes of permitting actions, non

permitting actions, or otherwise.

II. Deviation Reports

TVA shall report all deviations from the requirements of the Compliance Agreement that occur during the calendar year covered by the annual report , identifying the date and time that the deviation occurred, the date and time the deviation was corrected, th e cause of any corrective actions taken for each deviation, if necessary, and the date that the deviation was initially reported under Paragraph 156

.

III. Submission Pending Review

In each annual report, TVA shall include a list of all plans or submissi ons made pursuant to this Compliance Agreement during the calendar year covered by the annual

report and all prior calendar years since the Effective Date of the Compliance Agreement

, the date(s) such plans or submissions were submitted to EPA for review or approval, and shall identify which, if any, are still pending review and approval by EPA upon the date of the submission of the annual report.

I V

. Other Information Necessary to Determine Compliance

To the extent that information not expressly iden tified herein is necessary to determine TVA’s compliance with the requirements of t his Compliance Agreement for the calendar year covered by the annual report , and such information has not otherwise been submitted, TVA shall provide such information as par t of the annual report required pursuant to Section V.I (Periodic Reporting) of the Compliance Agreement and TVA shall provide such other information that is deemed necessary by EPA in consultation

with the States

.

V. Information Previously Submitted unde r Title V Permitting Requirements

In any periodic progress report submitted pur suant to Section V.I (Periodic Reporting) of the Compliance Agreement and this Appendix , TVA may incorporate by reference information previously submitted under its Title IV o r Title V permitting requirements, provided that TVA attaches the Title IV and/or Title V permit report, or the relevant portion thereof, and provides a specific reference to the provisions of the Title

IV and/or Title V permit report that are responsive t o the information required in the periodic progress report.