UNITED STAT ES DISTRICT CO URT MIDDLE DISTRICT OF FLORIDA

_______________________________ UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) CIVIL ACTION NO. 99-2524 v. ) CIV-T-23F ) ) TAMPA ELECTRIC COMPANY, ) ) Defendan t. ) _______________________________ )

CONSENT DECREE WHEREAS, Pla intiff, the U nited Stat es of Ameri ca (  Plaintiff  or the Unite d States  ), on behalf of the United States Environmental Protection Agency (  EPA  ) filed a Complaint on November 3, 1999, alleging that Defendant, Tampa Electric Company (  Tampa Electric  ) commenced construction of major modifications of major emitting facilities in violation of the Prevention of Significant Deterioration (  PSD  ) requirements at Part C of the Clean Air Act (  Act  ), 42 U.S.C. §§ 7470-7492; WHEREAS, EPA issued a Notice of Violation with respect to such allegations to Tampa Electric on November 3 , 1999 (the NOV  ); WHEREAS, the par ties recognize, and th e Court by entering t his Consent Decree finds, that this Consent Decree has been negotiated in good faith and at arm  s length; that the parties have voluntarily ag reed to this Cons ent Decree; that i mplementation of this Consent Decre e will

-1-avoid prolonged and complicated litiga tion between the p arties; and that th is Consent De cree is fair, reasonable, cons istent with the goa ls of the Act, and in th e public interest; WHEREAS, the United States alleges that the Complaint states a claim upon which relief can be granted against Tampa Electric under Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477, and 28 U.S.C. § 1355; WHEREAS, Tampa Electric has not answered or otherwise responded to the Complaint in light of the settlement memorialized in this Consent Decree; WHEREAS, Tampa Electric ha s denied and con tinues to deny the violations alleg ed in the NOV and the Complaint; maintains that it has been and remains in compliance with the Clean Air Act and is not liable for civil penalties or injunctive relief; and states that it is agreeing to the obligations imposed by this Consent Decree solely to avoid the costs and unc ertainties of litigation and to improve the environment in and around the Tampa Bay area of Florida; WHEREAS, Tampa Electric is the first electric utility of those against which the United States brought enforcement actions in November, 1999, to come forward and invest time and effort suffici ent to develop a settlemen t with the United St ates; WHEREAS, Tampa Electric  s decision to R e-Power some of its c oal-fired electric generating Units with natural gas will significantly reduce emissions of both regulated and unregulated pollutants below levels that would have been achieved merely by installing appropriate pollution control technologie s on Tampa Electric  s existing coa l-fired electric generating Units; WHEREAS, prior to the filing of th e Complaint or iss uance of the Notic e of Violation in this matter, Tampa Electric already had placed in service or installed both scrubbers and -2-electrostatic precipitators that serve all existing coal-fired electric generating Units at the company  s Big Bend ele ctric generating pla nt; WHEREAS, the United States recognizes that a BACT Analysis conducted under existing procedures most likely would not find it cost effective to replace Tampa Electric  s existing control equipment at Big Bend for particulate matter, in light of the design and performance of that eq uipment; WHEREAS, Tampa Electric a nd the United State s have crafted thi s Consent Dec ree to take into account physical and operational constraints resulting from the unique, Riley Stoker wet bottom, turbo-fired boiler technology now in operation at Big Bend, which could limit the efficiency of nit rogen oxides emissions controls installed for those boilers; WHEREAS, Tampa Electric reg ularly combusts c oal with a sulphur c ontent of five or six pounds per mmBTU he at input; WHEREAS, Tampa Electric is a mid-sized electric utility and is smaller on a financial basis than some of the other electric utilities against which the United States brought similar enforcement actions in November 1999; WHEREAS, Tampa Electric owns and operates fewer coal-fired electric generating plants than some of the other electric utilities against which the United States brought similar enforcement action s in November 1999; WHEREAS, the two Tampa Electric plants addressed by this enforcement action constitute over ninety percent of the entire base load generating capacity of Tampa Electric; WHEREAS, the United Sta tes and Tampa Elec tric have agreed th at settlement of th is action is in the best interest of the parties and in the public interest, and that entry of this Consent -3-Decree without further litigation is the most appropriate means of resolving this matter; and WHEREAS, the United Sta tes and Tampa Elec tric have consen ted to entry of this Consent Decree without trial of any issue; NOW, THEREFORE, without any admission of fact or law, and without any admission of the violations alleged in the Complaint or NOV, it is hereby ORDERED AND DECREED as follows:

I. JURISDICTION AND VENUE 1. This Court has jurisdiction over the subject matter herein and over the parties consenting hereto pursuant to 28 U.S.C. § 1345 and pursuant to Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477. Venue is pro per under Section 1 13(b) of the Act, 42 U.S.C. § 7413(b), and under 28 U.S.C. § 1 391(b) and (c). Solely for the p urposes of this Consent Decree and the underlying Complaint, Tampa Electric waives all objections and defenses that it may have to the claims set forth in the Complaint, the jurisdiction of the Court or to venue in thi s District. Tampa Elec tric shall not chal lenge the terms of th is Consent Decree or this Cour t  s jurisdi ction to en ter and enf orce this Consent Decree. Except as expres sly provided for herein , this Consent De cree shall not cre ate any rights in any party other tha n the United States and Tampa Electric. Tampa Electric consents to entry of thi s Conse nt Decree without furt her notice

.

II. APPLICABILITY 2. The provisions of this Consent Decree shall apply to and be binding upon the United -4-States and upon Tampa Electric, its successors and assigns, and Tampa Electric  s officers, employees and agents sol ely in their capac ities as such

. If Tampa Electric proposes to sell or transfer any of its real property or operations subject to this Consent Decree, it shall a dvise the purcha ser or transferee in writing of the existe nce of this Consent Decre e, and shall sen d a copy of such writ ten notification by c ertified mail, return receipt requested, to EPA sixty (60) days before such sale or transfer. Tampa Electric shall not be relieved of its res ponsibility to comp ly with all requiremen ts of this Consent Decre e unless the pu rchaser or transfere e assumes re sponsibility for full performance of Tampa Electric  s responsibilities under this Consent Decree, including liabilitie s for nonpe rformance. Ta mpa Electri c shall no t purchas e or otherw ise acqu ire capacity and/or e nergy from a third party in lie u of obtaining it from Gann on or Big Bend unless t he seller or provider a grees that the fac ilities providing s uch capacity and/or energy will meet the emission control requirements set forth in this Consent Decree or equivalent r equirements approved in advance by the United S tates. 3. Tampa Electric shal l provide a copy of t his Consent Decree to all vend ors, suppliers, consultants, contractors, agents, and any other company or other organization performing any of the w ork descri bed in Sec tions IV or V II of this Co nsent De cree. Notwithstanding any retention of contractors, subcontractors or agents to perform any work required under this Consent Decree, Tampa Electric shall be responsible for ensuring that all work is performed in accordance with the requirements of this Consent Decree. In any action to enforce this Consent Decree, Tampa Electric shall not assert as a defense the failure of its employees, servants, agents, or contractors to take actions -5-necessary to comply with this Consent Decree, unless Tampa Electric establishes that such failure resulted from a Force Majeure event as defined in this Consent Decree.

III. DEFINITIONS 4.

 Alternati ve Coal  shall mea n coal wit h a sulphu r content o f no more tha n 2.2 lb/mmBTU, on an as det ermined basis. 5.

 BACT Analysis  shall mean the technical study, analysis, review, and selection of recommendations typically performed in c onnection with an a pplication for a PSD permit. Except as otherwise provided i n this Consent Decree, such stu dy, analysis, review, and selection of recommendations shall be carried out in conformance with applicable federa l and state regula tions and guidanc e describing the p rocess and ana lysis for determin ing Best Availabl e Control Te chnology ( BACT). 6.

 Big Bend  shall mean the electric generating plant, presently coal-fired, owned and operated by Tampa Electric and located in Hillsborough County, Florida, which presently includes four steam generating boilers and associated and ancillary systems and equipment, known as Big Bend Units 1, 2, 3, and 4. 7.

 Consent Decree  shall mean this Consent Decree and the Appendix thereto. 8.

 Emission Rate  shall mean the average number of pounds of pollutant emitted per million BTU of heat inpu t (  lb/mmBTU  ) or the average conc entration of a polluta nt in parts per million by volume (  ppm  ), as dictated by the unit of measure specified for the rate in question, where: A. in the case of a coal-fired, steam electric generating unit, such rates shall be -6-calculated as a 30 day rolling average. A 30 day rolling average for an Emission Rate express ed as lb/mmBTU sh all be determined by calculating the e mission rate for a given operating day, and then arithmetically averaging the emission rates for the previous 29 ope rating days with tha t date. A new 30 day ro lling average sha ll be calculated for each new operating day; B. in the case of a gas-fired, electric generating unit, such rates shall be calculated as a 24-hour rolling average, excluding periods of start up, shutdown, and malfunction as provided by applicable Florida regulations at the time the Emission Rate is calculated. A rolling average for Emission Rates expressed as ppm shall be determined on a given day by summing hourly emission rates for the immediately prece ding 24-hour period and d ividing by 24; C. the reference metho ds for determining Emission Rates for SO 2and NO x shall be those specified in 40 C.F.R. Part 75, Appendix F. The reference methods for determining Emission Rates for PM shall be those specified in 40 C.F.R. Part 60, Appendix A, Method 5, Method 5B, or Method 17; and D. nothing in this Consent Decree is intended to nor shall alter applicable law concerning the use of data, for any purpose under the Clean Air Act, generated by methods other than the reference methods specified herein. 9.

 EPA  shall mean the United States Environmental Protection Agency. 10.

 Gannon  shall mean the electric generating plant, presently coal-fired, owned and operated by Tampa Elec tric, located in Hills borough County, Florida, w hich presently includes six steam generating boilers and associated and ancillary sys tems and -7-equipment, known as Gannon Units 1, 2, 3, 4, 5, and 6. Tampa Electric intends to rename Gannon

 Bayside Power Station  upon completion of the Re-Powering required under this Consent Decree. 11.

 lb/mmBTU  shall mean pound s per million Britis h Thermal Units of hea t input. 12.

 NOx  shall mean oxides of nitrogen. 13.

 NOV  shall mean the Notice of Violation issued by EPA to Tampa Electric dated November 3, 1999. 14.

 PM  shall mean total p articulate matter, an d the reference meth od for measuring PM shall be that specified in the definition of Emission Rate in this Consent Decree. 15.

 ppm  shall mea n parts pe r million by d ry volume, c orrected t o 15% O2 . 16.

 Project Dollars  shall mean Tampa Electric  s expenditures and payments incurred or made in ca rrying out th e dollar-li mited proje cts ident ified in Par agraph 35 o f Section IV of this Co nsent De cree (Early Reductio ns of NO xfrom Big Bend Units 1 through 3) and in Section VII of this Consent Decree (NO x Reduction Projects a nd Mitiga tion Projec ts), to the extent that such expenditures or payments both: (A) comply with the Project Dollar and other requirements set by this Consent Decree for such expenditures and payments in Section VII and in Paragraph 35 of Section IV of this Consent Decree, and (B) constitute either Tampa Electric  s properly documented external costs for contractors, vendors, as well as equipment, or its internal costs consisting of employee time, travel, and other out-of-pocket expenses specifically attributable to these particular projects.

-8-17.

 PSD  shall mean Preven tion of Significant Dete rioration within the me aning of Part C of the Cle an Air Act, 4 2 U.S.C. §§ 74 70, et seq
. 18.

 Re-Power  shall mean the removal o r permanent disabli ng of devices, systems, equipment, and ancillary or supporting systems at a Gannon or Big Bend Unit such that the Unit cannot be fired with coal, and the installation of all d evices, syste ms, equipment, and ancillary or supporting systems needed to fire such Unit with natural gas under the limits set in this Consent Decree (or with No. 2 fuel oil, as a back up fuel only, and under the limits specified by this Consent Decree) plus installation of the control technology and compliance with the Emission Rates called for under this Consent Decree. 19.

 Reserve / Standby  shall mean those devices, systems, equipment, and ancillary or supporting systems that: (1) are not used as part of the Units that must be Re-Powered under Paragraph 26, (2) are not in operation subsequent to the Re-Powering required under Paragraph 26, (3) are m aintained and he ld by Tampa Electric for s ystem reliability purposes, and (4) may be restarted only by Re-Powering. 20.

 SCR  shall mean Selective Catalytic Reduction. 21.

 Shutdown  shall mean the permanent disabling of a coal-fired boiler such that it cannotburn any fuel nor produce any steam for electricity production, other than through RePowering. 22. S O 2 " shall mean sulphur dioxide. 23.

 Title V Permit  shall mean the pe rmit required under Subch apter V of the Clea n Air Act, 42 U.S.C. § 7661, et seq . -9-24.

 Total Baseline Emissions  shall mean calendar year 1998 emissions of NOx , SO 2 , and PM comprised of the following amounts for e ach pollutant: A. for Gannon : 30,763 ton s of NO x, 64,620 tons of SO 2 , and 1,914 tons of PM; and B. for Big Bend : 36,077 ton s of NO x, 107,334 tons of SO 2 , and 3,002 tons of PM. 25.

 Unit  shall mean for the purpose of this Consent Decree a generator, the steam turbine that drives the generator, the boiler that produces the steam for the steam turbine, the equipmen t necess ary to opera te the gen erator, turbi ne and boi ler, and all ancillary equipment, including pollution control equipment or systems necessary for the production of electric ity. An ele ctric gene rating pla nt may be c omprised o f one or more Units.

IV. EMISSIONS REDUCTIONS AND CONTROLS GANNON AND BIG BEND A. GANNON 26. Consent Decree-Required Re-Powering of Gannon

. Tampa Electric shall Re-Power Units at Gannon with a coal -fired generati ng capacity of no less than 5 50 MW (  Megawat t  ), as follow s. A. On or before May 1, 2003, Tampa Electric shall Re-Power Units with a coal-fired generating capacity of no less than 200 MW. On or before December 31, 2004, Tampa Electric shall Re-Power additional Units with a coal-fired generating capacity equal to or greater than the difference between 550 MW of coal-fired generating capacity and the MW value of coal-fired generating capacity that Tampa Electric Re-Pow ered in complying wit h the first sentenc e of this -10-Subparagraph A. B. All Re-Powering required by this Paragraph shall include installation and operation of SCR, othe r pollution control tec hnology approved in a dvance and in writing by EPA, or any innovative technology demonstration project approved pursuant to Paragraph , 52.C to control Unit emis sions. Each Re-Pow ered Unit shall, in conformance with the definition of R e-Power, use natural g as as its primary fuel and shal l meet an Em ission R ate for NO xof no greater than 3.5 ppm

. C. A Unit Re-Powered under this or any other provision of this Consent Decree may be fired with No. 2 fuel oil if and only if: (1) the Unit cannot be fired with natural gas; (2) the Unit has not yet been fired with No. 2 fuel oil as a back up fuel for more than 875 full load equivalent hours in the calendar year in which Tampa Electric wishes to fire the Unit with such oil; (3) the oil to be used in firing the Unit has a sulphur content of less than 0.05 percent (by weight); (4) Tampa Electric uses al l emission contro l equipment for that Uni t when it is fired with such oil to the max imum extent poss ible; and (5) Tampa Elect ric complies with all applic able permi t conditio ns, includ ing emiss ion rates for firing wit h No. 2 fuel oil, as set for th in applicable preco nstruction and oper ating permits. D. Tampa Electric shall timely apply for a preconstruction permit under Rule 62- 212, F.A.C., prior to commencing such Re-Powering. In applying for such permit Tampa Electric shall seek, as part of the permit, provisions requiring installation of SCR or other EPA-approved control technology and a NO x Emission R ate no grea ter than 3.5 ppm. -11-27. Schedule for Shutdown o f Units

. Tampa Electric shall Sh utdown and ceas e any and all operation of all six (6) Gannon coal-fired boilers with a combined coal-fired capacity of not less than 1194 MW on or before December 31, 2004. Notwithstanding the requirements of this Paragraph, Tampa Electric may retain any Unit Shutdown pursuantto this Paragraph on Reserve / Standby, unless such Unit is to be, or has been, RePowered under Paragraph 26, above. If Tampa Electric later decides to restart any Shutdown Unit retaine d on Reserve / Sta ndby, then prior to such re-start, Tampa Electric shall timely apply for a PSD permit for the Unit(s) to be Re-Powered, and Tampa Electric shall abide by the permit issued as a result of that application, including installation of BACT and its corresponding Emission Rate, as determined at the time of the restart. Tampa Electric shall operate the Re-Powered Unit to meet the NO xEmission Rate es tablishe d in the PSD Permit or an Emission R ate for NO xof 3.5 ppm, whichever is more st ringent. Tam pa Electric shall prov ide a copy of any permi t applica tion(s), proposed permit(s), and permit(s) to the United States as specified in Paragraph 82 (Notice). For any Unit Shutdown a nd placed on Res erve / Standby under th is Paragraph, and notwithstanding the definition of Re-Power in this Consent Decree, Tampa Electric also m ay elect to fuel s uch a Unit with a ga seous fuel othe r than or in addition to natural ga s, if and only if Tampa Elec tric: applies for and secures a PSD permit before using s uch fuel in any suc h Unit, complies with all requirements is sued in such a permit, and complies with all other requirements of this Consent Decree applicable to Re-Powering. 28. Permanent Bar on Combustion of Coal . Commencing on January 1, 2005, Tampa -12-Electric shall not combust coal in the operation of any Unit at Gannon.

B. BIG BEND 29. Initial Reduction a nd Control of SO2 Emissions from Big Bend Units 1 and 2

. Commencing upon the later of the date of entry of this Consent Decree or September 1, 2000, and except as provided in this Paragraph, Tampa Electric shall operate the existing scrubber that treat s emissions of SO 2from Big Bend Units 1 and 2 at all times that either Unit 1 or 2 is in operation. Tampa Electric shall operate the scrubber so that at least 95% of all the SO2 containe d in the flue gas ente ring the sc rubber is re moved. Notwithstanding t he requirement to ope rate the scrubber a t all times Unit 1 or 2 i s operating, the following operating condition s shall apply: A. Tampa Electric may operate Units 1 and/or 2 during outages of the scrubber serving Units 1 and 2, but only so long as Tampa Electric: (1) in calendar year 2000, does not operate Unit 1 and/or 2, or any combination of the two of them, on more than sixty (60) calendar days, or any part thereof (providing that when both Units 1 and 2 operate on the same calenda r day, such operation shall count as two days of the si xty (60) day limit), and in cale ndar years 2001 - 200 9, does not operate Unit 1 and/or 2, or any combination of the two of them, on more than forty-five (45) calendar days, or any part thereof, in any calendar year (providing that when both Units 1 and 2 operate on the same calendar day, such operation shall count as two days of the forty-five (45) day limit) ; or -13-(2) must operate Unit 1 and/or 2 in any calendar year from 2000 through 2009 either to avoid interruption of electric service to its customers under interruptible service tariffs, or to respond to a system-wide or state-wide emergency as declared by the Governor of Florida under Section 366.055, F.S. (requiring availability o f reserves), or under Sec tion 377.703, F.S. (energy policy conti ngency plan), or under Se ction 252.36, F.S. (Emergency management powers of the Governor), in which Tampa Electric must generate power from Unit 1 and/or 2 to meet such emergenc y. B. Whenever Tampa Electric operates Units 1 and/or 2 without all emissions from such Unit(s) being tr eated by the scrubber, Tampa Electric shal l: (1) combust only Alternative Coal at the Unit(s) operating during the outage (except for coal already bunkered in the hopper(s) for Units 1 or 2 at the time the outage commences); (2) use all existing electric generating capacity at Big Bend and Gannon th at is ser ved by fully operation al polluti on control e quipment b efore operating Big Ben d Units1 and/or 2; a nd (3) continue to cont rol SO 2 emissions from Big Bend Units 1 and/or 2 as required by Paragraph 31 (Optimizing Availabi lity of Scrub bers Servi ng Big Be nd Units 1 , 2, and 3). C. In calendar years 2010 through 2012, Tampa Electric may operate Units 1 and/or 2 during outages of the scrubber serving Units 1 and 2, but only so long as Tampa Electric complies with the requirements of Subparagraphs A and B, above, and uses only coal with a sulphur content of 1.2 lb/mmBTU, or less, in place of -14-Alternative Coal. D. If Tampa Electric Re-Powers Big Bend Unit 1 or 2, or replaces the scrubber or provides additional scrubbing capacity to comply with Paragraph 40, then upon such compliance the provisions of Subparagraphs 29.A, 29.B, and 29.C shall not apply to the affecte d Unit. 30. Initial Reduction a nd Control of SO 2 Emissions from Big Bend Unit 3

. Commencing upon entry of the Consent Decree, and except as provided in this Paragraph, Tampa Electric shall opera te the existing s crubber that treats emissions of SO 2from Big Bend Units 3 an d 4 at all ti mes that U nit 3 is in o peration. W hen Big Bend Units 3 and 4 are both operating, Tampa Electric shall operate the scrubber so that at least 93% of all the SO 2 contained in the flu e gas entering the scrubber is remove d. When Big Bend U nit 3 alone is operating, until May 1, 2002, Tampa Electric shall operate the scrubber so that at least 93% of all SO 2 contained in the flue gas entering the scrubber is removed or the Emission Rate for SO 2 for Unit 3 does not exceed 0.35 lb/mmBTU. When Unit 3 alone is operating, from May 1, 2002 until January 1, 2010, Tampa Electric shall operate the scrubber so that a t least 95% of the SO 2 contained in the flu e gas entering the scrubber is removed or the Emiss ion Rate for SO2 does not e xceed 0.30 lb/mmBTU. Notwithstanding the requirement to operate the scrubber at all times Unit 3 is operating, and providing Tampa Electric is otherwise in compliance with this Consent Decree, the following operating conditions shall apply: A. In any calendar yea r from 2000 through 2009, Tampa Electric may operate Unit 3 in the case of outages of the scrubber serving Unit 3, but only so long as Tampa -15-Electric: (1) does not operate Unit 3 during outages on more than thirty (30) calendar days, or any part thereof, in any calendar year; or (2) must operate Unit 3either: to avoid inte rruption of electric se rvice to its customers unde r interruptible servic e tariffs, or to respond toa systemwide or state-wide emergency as declared by the Governor of Florida under Section 366.055, F.S. (requiring availability of r eserves), or under Section 377.703, F.S. (energy policy contingency plan), or under Section 252.36, F.S. (Emergency management powers of the Governor), in which Tampa Electric must generate power from Unit 3 to meet such emergency. B. Whenever Tampa Elec tric operates Unit 3 without treating all e missions from that Unit with the scrubber, Tampa Electric shall: (1) combust only Alternative Coal at Unit 3 during the outage (except for coal already bunkered in the hopper(s) for Unit 3 at the time the outage commences); (2) use all existing electric generati ng capacity at Big Bend and Gann on that is served by fully operational pollution control equipment before operating Big Bend Unit 3; and (3) continue to control SO 2 emissions from Big Bend Unit 3 as required by Paragraph 31 (Optimizing Availability of Scrubbers Serving Big Bend Units, 1, 2, and 3). C. If Tampa Electric Re-Powers Big Bend Unit 3, or replaces the scrubber or provides additional scrubbing capacity to comply with Paragraph 40, then upon complianc e with Para graph 40 th e provisio ns of Subpa ragraphs 3 0.A and 30.B -16-shall not apply to Unit 3. D. Nothing in this Consent Decree shall alter requirements of the New Source Performance Standards (NSPS), 40 C.F.R. Part 60 Subpart Da , that apply to operation of the scrubber serving Unit 4. 31. Optimizing Availability of Scrubbers Serving Big Bend Units 1, 2, and 3. Tampa Electric shall maxi mize the availab ility of the scrubbers to treat the emiss ions of Big Bend Units 1, 2, and 3, as follows: A. As soon as pos sible after entry of thi s Consent Dec ree, Tampa Electric sha ll submit to EPA for review and approval a plan addressing all operation and maintenance changes to be made that would maximize the availability of the existing scrubbe rs treating emiss ions of SO2 from Big Bend Units 1 and 2, and from Unit 3. In order to improve operations and maintenance practices as soon as possible, Tampa El ectric may submit the p lan in two phases. (1) Each phase of the p lan proposed by Tamp a Electric shall inc lude a schedule pursuant to which Tampa Electric will implement measures relating to operation and maintenance of the scrubbers c alled for by that phas e of the plan, within s ixty days of its approval by EPA. Tampa Electric shall implement each phase of the plan as approved by EPA. Such plan may be m odified from time to time wi th prior written approval of EPA. (2) The proposed plan s hall include opera tion and maintenan ce activities th at will minimize instanc es during which SO 2 emissions are not scrubbed, including but not limited to improvements in the flexibility of scheduling maintenance on the -17-scrubbers, increases in the stock of spare parts kept on hand to repair the scrubbers, a commi tment to use of overti me labor to perform work ne cessary to minimize periods when the scrubbers are not functioning, and use of all existing capacity at Big Bend and Gannon Units that are served by available, operational pollution control equipment to minimize pollutant emissions while meeting power needs. (3) If Tampa E lectric elects to submit the plan to EPA in t wo phases, the first phase to be sub mitted shall addre ss, at a minimum, use of overtime hours to accomplish repairs and maintenance of the scrubber and increasing the stock of scrubber s pare parts that Tampa Electric s hall keep at Big Be nd to spee d future maintenance and repairs. If Tampa Electric elects to submit the plan in two phases, EPA shall complete review of the first phase within fifteen business days of receipt. For the sec ond phase of the pl an or submission of the plan in its entirety, EPA shall complete review of such plan or phase thereof within 60 days of receipt. Within sixty days after EPA  s approval of the plan or any phase of the plan, Tampa Electric shall complete implementation of that plan or phase and continue operation under it subject only to the terms of this Consent Decree. 32. PM Emission Minimization and Monitoring at Big Bend

. A. Within twelve month s after entry of this C onsent Decree, Tam pa Electric shall complete an optimization study which shall recommend the best operational practices to minimize emissions from each Electrostatic Precipitator (ESP) and shall deliver the completed study to EPA for review and approval. Tampa -18-Electric shall implement these recommendations within sixty days after EPA has approved them and s hall operate eac h ESP in conformance with the study and its recommendations until otherwise specified under this Consent Decree. B. Within twelve month s after entry of this C onsent Decree, Tam pa Electric shall complete a BAC T Analysis for upgrad ing each existin g ESP now located at Big Bend and shall del iver the An alysis t o EPA for revie w and appro val. Notwithstanding the definition of BACT Analysis in this Consent Decree, Tampa Electric need not consider in this BACT Analysis the replacement of any existing ESP with a new ESP, scrubber, or baghouse, or the installation of a supplemental pollution control device of similar cost to a replacement ESP, scrubber, or baghouse. Tampa Electric shall simultaneously deliver to EPA all documents that support th e BACT Ana lysis or t hat were c onsidere d in prepari ng the Ana lysis. Tampa Electric shall retain a qualified contractor to assist in the performance and completion of the BA CT Analysis. On or be fore May 1, 2004, after EPA approval of the recomm endation(s) made b y the BACT Analys is, Tampa Electric shall complete installat ion of all equipmen t called for in the r ecommendation(s) of the Analysis and thereafter shall operate each ESP in conformance with the recommendation(s), including compliance with the Emission Rate(s) specified by the recomm endation (s). C. Within six months after Tampa Electric completes installation of the equipment called for by the BA CT Analysis, as approved by EPA, Tampa Elec tric shall revise the previous optimization study and shall recommend the best operational -19-practices to minimize emissions from each ESP, taking into account the recommendations from the BACT Analys is required by this Paragraph, and shal l deliver the completed study to EPA for review and approval. Commencing no later than 180 days a fter EPA appr oves the study and its recom mendation (s), Tampa Electric shall operate each ESP in conformance with the study  s recommend ation. D. Tampa Electric shall include the recomme nded operational pra ctices for each ESP and the recommendations from the BACT Analysis in Tampa Electric  s Title V Permit application and all other relevant applications for operating or construction permits. E. Installation and Operation of a PM Monitor . On or before March 1, 2002, Defendan t shall in stall, ca librate, an d commenc e continu ous opera tion of a continuous partic ulate matter emiss ions monitor (PM CEM ) in the duct at Big Bend that services Unit 4. Data from the PM CEM shall be used by Tampa Electric, at a mi nimum, to monit or progress in redu cing PM emissions. F.

 Continuous operation  of the PM CEM shall mean operation at all times that Unit 4 operates, except for periods of malfunction of the PM CEM or routine maintenance perfo rmed on the PM CEM. If afte r Tampa Electric operate s this PM CEM for at leas t two years, and if the parties then agre e that it is infeas ible to sustain continuous operation of the PM CEM, Tampa Electric shall submit an alternative PM mon itoring plan for review a nd approval by EPA. The pla n shall include an explanation of the basis for stopping operation of the PM CEM and a -20-proposal for an alternative monitoring protocol. Until EPA approves such plan, Tampa Electric shal l continue to operat e the PM CEM. G. Installation and Operation of Second PM Monitor

. If Tampa Electric advises EPA, pursuant to Paragraph 36, that it has elected to continue to combust coal at Big Bend Units 1, 2, or 3, and Tampa Elect ric has not ceased operatin g the first PM CEM as des cribed in Subparagrap h F, above, then Tampa Elec tric shall install, calibrate, and commence continuous operation of a PM CEM on a second duct at Big Bend on or before May 1, 2007

. The requirement to opera te a PM CEM under any provis ion of this Paragraph s hall terminate if and w hen the Unit monitored by the PM CEM is Re-Powered. H. Testing and Reporting Requirement

. Prior to installation of the PM CEM on each duct, Tampa Electric shall conduct a stack test on each stack at Big Bend on at least an annual ba sis and re port its res ults to EPA a s part of th e quarterl y report under Section V. The stack test requirement in this Subparagraph may be satisfied by Tampa Electric  s annual stac k tests conduc ted as required by i ts permit from th e State of Florid a. Following inst allation of each PM CEM, Defendant shall include in its qua rterly reports to EPA pursu ant to Section V all data reco rded by the PM CEM, in e lectronic format, if ava ilable. I. Nothing in this Consent Decree is intended to nor shall alter applicable law concerning the use of data, for any purpose under the Clean Air Act, generated by the PM CEMs. 33. Election for Big Bend Unit 4: Shutdown, Re-Power, or Continued Combustion of Coal

. -21-Tampa Electric shall advise EPA in writing, on or before May 1, 2005, whe ther Big Bend Unit 4 will be Shutdown, will be Re-Powered, or will continue to be fired by coal

. 34. Reduction of NO xat Big Bend Unit 4 after 2005 Election

. Based on Tampa Electric  s election in Paragr aph 33, Tampa El ectric shall take one of the following acti ons: A. If Tampa Electric elects to continue firing Unit 4 with coal, on or before June 1, 2007, Tampa Electric shall install and commence operation of SCR, or other technology if approve d in writing by EPA in adva nce, sufficient to limit the coalfired Emission Rate of NO xfrom Unit 4 to no more tha n 0.10 lb/mmB TU. Thereafter, Tampa Electric s hall continue opera tion of SCR or other EPA approved control technology, and Tampa Electric shall continue to meet an Emission Rate for NO xfrom Unit 4 no greater than 0.10 lb/mmBTU; or B. If Tampa Electr ic elects to Re-Power Uni t 4, Tampa Elect ric shall not combust coal at Un it 4 on or aft er June 1, 2 007. Tampa El ectric sh all timely apply for a preconstruction permit under Rule 62-212, F.A.C., prior to commencing construction of the Re-Powering of Unit 4. In applying for such permit, Tampa Electric shall seek, as part of the permi t, provisions requ iring installatio n of SCR or other EPA approved control technology and a NO xEmission Rate no greater than 3.5 ppm. Tampa Electric shall operate the Re-Powered Unit 4 to meet an Emission R ate for NO xof no greater than 3.5 ppm or the rate established in the preconstruction permit, whichever is more stringent; or C. If Tampa Electric elects to Shutdown Big Be nd Unit 4, Tampa Electric s hall complete Shutdown o f Big Bend Unit 4 on or b efore June 1, 2007. -22-Notwithstanding the requirements of this Subparagraph, Tampa Electric may retain this Unit, after it is Shutdown pursuant to this Subparagraph, on Reserve / Standby. If Tampa Electric later decides to restart Unit 4 then, prior to such restart, Tampa Electric s hall timely apply for a PSD permit, and Tampa Elect ric shall abide by the permit issued as a result of that application, including installation of BACT and its corresponding Emission Rate, as determined at the time of the restart. Tampa Electric shall operate the Re-Powered Unit 4 to meet an Emissi on Rate fo r NO xof no greater than 3.5 ppm or the Emission Ra te established in the PSD permit, whichever is more stringent

. Tampa Electric shall provide a copy of any permit application(s ), proposed permit(s), and permit(s) to the Unite d States a s speci fied in Para graph 82 (No tice). Upon Shutd own of a Unit under this Subpa ragraph, Tam pa Electric may never a gain use coal to fire that Unit. D. Notwithstanding the provisions of Subparagraphs B and C above or the definition of Re-Power in this C onsent Decree, Tam pa Electric may als o elect to fuel Big Bend Unit 4 with a gaseous fuel other than or in addition to natural gas, if and only if Tampa Electric applies for and secures a PSD permit before using such fuel in this Unit, complies with all requirements issued in such a permit, and complies with all requirements of this Consent Decree applicable to Re-Powering. 35. Early Reductions of NO xfrom Big Bend Units 1 through 3 : On or before December 31, 2001, Tampa Electric shall submit to EPA for review and comment a plan to reduce NO emissions from Big Bend Units 1, 2 and 3, through the expenditure of up to $3 million x

-23-Project Dollars on combustion optimization using commercially av ailable methods, techniques, systems, or equipment, or combinations thereof. Subject only to the financial limit stated in the previous sentence, for Units 1 and 2 the goal of the combustion optimization shall be to reduce the NO xEmission Rate by at least 30% when compared against the NO x Emissions Rate for these Units during calendar year 1998, which the United States and Tampa Electric agree was 0.86 lb/mmBTU. For Unit 3 the goal of the combustion optimization shall be to reduce the NO x Emissions Rate by at least 15% when compared against the NOX Emission Rate for this Unit during calendar year 1998, which the United States and Tampa Electric agree was 0.57 lb/mmBTU. If the financial limit in this Paragraph precludes des igning and install ing combustion co ntrols that will meet the percentage reduction goals for the NO xEmission Rates specified in this Paragraph for all three Units, then Tampa Electric  s plan shall first maximize the Emission Rate reductions at Units 1 and 2 and then at Unit 3. Unless the United States has sought dispute resolution on Tampa Electric  s plan on or before May 30, 2002, Tampa Electric shall implement all aspects of its plan at Big Bend Units 1, 2, and 3 on or before December 31 , 2002. On or before April 1, 2003 , Tampa Electric shall s ubmit to EPA a report that documents the date(s) of complete implementation of the plan, the results obtained from implementing the plan, including the emission reductions or benefits achieved, and the Project Dollars expended by Tampa Electric in implementing the plan. 36. Election for Big Bend Units 1 through 3: Shutdown, Re-Power, or Continued Combustion of Coal

. Tampa Electric shall advise EPA in writing, on or before May 1, -24-2007, whether Big Bend Units 1, 2, or 3, or any combination of them, will be Shutdown, will be Re-Powered, or w ill continue to be fired by coal. 37. Further NO xReduction Requ irements if Big Be nd Units 1, 2, and/or 3 Remain Coalfired

. If Tampa Electric advises EPA in writing, pursuant to Paragraph 36, above, that Tampa Electric will con tinue to combust c oal at Units 1, 2, and/o r 3, then: A. Subject only to Subpa ragraphs B and D, Tam pa Electric shall ti mely solicit contract proposal s to acquire, insta ll, and operate SCR, or o ther technology if approved in writing by EPA in advance, sufficient to limit the Emission Rate of NO x to no more th an 0.10 lb/m mBTU at ea ch Unit tha t will comb ust coal. Tampa Electric shall install and opera te such equipme nt on all Units that will continue to combust coal and shall achieve an Emission Rate of NO X on each such Unit no less s tringent th an 0.10 lb/m mBTU. B. Notwithstanding Su bparagraph A, Tampa Elec tric shall not be req uired to install SCR to limit the Emission Rate of NO xat Units 1 , 2 and/or 3 to 0.10 lb/mmBTU if the

 installation cost ceiling  contained in this Paragraph will be exceeded by such ins tallation

. If Tampa Elec tric decid es to con tinue burni ng coal at Units 1, 2 and 3, the installation cost ceiling for SCR at Units 1, 2, and 3 shall be three times the cost of installing SCR at Big Bend Unit 4 plus forty-five (45%) percent of the cost of installing SCR at Big Bend 4. If Tampa Electric decides to continue burning coal at only two Units at Big Bend, th e installation cost ceili ng for SCR at those two Units shall be two times the cost of installing SCR at Big Bend 4 plus forty-five (45) pe rcent of the cost of ins talling SC R at Big Bend Unit 4. I f -25-Tampa Electric decides to continue burning coal at only one Unit at Big Bend, the installation cost ceiling for SCR at that Unit shall be the cost of installing SCR at Big Bend 4 plus fo rty five (45) percent. C. If, based on the contract proposals obtained under Subparagraph A, Tampa Electric determines that the projected cost of proposed control equipment satisfying a 0.10 lb /mmBTU Emission Rate wi ll not exceed the

 installation cost ceiling,  Tampa Electric shall install and operate such equipment on all Units that will continue to combust coal and shall achieve a NO xEmission Rate on each Unit no less stringent t han 0.10 lb/mmBT U. If, based on th e contract proposals, Tampa Electric de termines that the pr ojected cost will exceed th e installation cost ceiling, Tampa Electric shall so advis e EPA and shall provid e EPA with the basis for Tampa Electric  s determination, inc luding all document ation sufficient to replicate and evaluate T ampa Electric  s cost projections. D. Unless EPA contests Tampa E lectric  s determination that the installation cost ceiling will be exceeded by installing control equipment to reduce NO xemissions to 0.10 lb/mmBTU or less, Tampa Electric shall i nstall, at each Un it that will continue to combust coal, the NO xcontrol technology designed to achieve the lowest Emi ssion Ra te that ca n be attai ned within the

 installa tion cost ceiling.  Notwithstanding any provision of this Consent Decree, including the

 installation cost ceiling,  Tampa Electric shall install NO xcontrol technology that is designed to achieve an Emission Rate no les s stringent than 0.15 lb/mmBTU. Each Unit combusting coal and its NOxcontrols shall meet the Emission Rate for which they -26-are desig ned. E. Tampa Electric shall acquire, install, commence operating emission control equipment, and meet the applicable Emission Rate for NO xat each of the Units to remain coal-fired, as follows: (1) for the first of the Units to remain coal-fired, or if only one Unit is to be coal-fired, on or before May 1, 2008; (2) for the second Unit, if there is one, on o r before May 1, 2009; (3) for the third Unit, if there is one, on or before May 1, 2010. 38. Tampa Electric  s NO xReduction Requirements if Tampa Electric Re-Powers Units 1, 2, and/or 3

. If, by May 1, 2007, Tampa Electric advises EPA that Tampa Electric has elected to Re-Pow er one or more of Units 1 , 2, and 3 at Big Bend, th en Tampa Electric shall complete a ll steps neces sary to accomplis h such Re-Powerin g in a time frame to commence operation of the Re-Powered Unit( s) no later than May 1, 2010. Any Unit(s) to be replaced by a Re-Powered Unit may continue to operate until the earlier of si x months after the date the Re-Powered Unit begins commercial operation or December 31, 2010. Tampa Electric shall timely apply for a preconstruction permit under Rule 62- 212, F.A.C., pri or to comme ncing con struction of any Re-P owered Un it at Big Bend. In applying for such permit Tampa Electric shall seek, as part of the permit, provisions requiring installation of SCR or other EPA approved control technology and a NO x Emission Rate no greater than 3.5 ppm. Tampa Electric shall operate any Unit RePowered un der this Pa ragraph to m eet an Emis sion Rat e for NO xof no greate r than 3.5 ppm or the ra te estab lished in the precon struction permit, whic hever is m ore string ent. Notwithstanding t he provisions of thi s Paragraph or the de finition of Re-Power in thi s -27-Consent Decree, Tampa Electric may also elect to fuel Units 1, 2, or 3 with a gaseous fuel other than or in addition to natural gas, if and only if Tampa Electric applies for and secures a PSD pe rmit before using suc h fuel in any of these Units, complies w ith all requirements issued in such a permit, and complies with all requirements of this Consent Decree applicable to Re-Powering.

39. Requirements Applicable to Big Bend Units 1, 2, and/or 3 if Shutdown. If Tampa Electric elects to Shutdown one or more of Un its1, 2, and 3, Tampa Electric shall complete Shutdown o f the first such Unit o n or before May 1, 2008; o f the second Unit, if applica ble, on or be fore May 1, 2 009, and of t he third Un it, if applic able, on or b efore May 1, 2010. Notwithstanding the requirements of this Paragraph, Tampa Electric may retain any Unit Shutdown pursuant to this Paragraph on Reserve / Standby. If Tampa Electric later decides to restart such Unit retained on Reserve / Standby by Re-Powering it then, prior to such restart, Tampa Electric shall timely apply for a PSD permit for the Unit(s) to be Re-Powe red, and Tampa Electric s hall abide by the pe rmit issued as re sult of that application, in cluding installa tion of BACT and its corresponding Emiss ion Rate determined at the time of the restart. Tampa Electric shall operate each Unit Re-Powered under this Paragraph to meet an Emission R ate for NO xof no greater than 3.5 ppm or the Emission Rate established in the PSD permit, whichever is more stringent. Tampa Electric shall provide a copy of any permit application(s), proposed permit(s), and permit(s) t o the Unite d States a s speci fied in Para graph 82 (No tice). Upon Shutdown of a Unit under this Pa ragraph, Tampa Electric ma y never again use coal to fire that Unit. -28-For any Unit Shutdown and placed on on Reserve / Standby under this Paragraph, and notwithstanding the d efinition of Re- Power in this Consent Decr ee, Tampa Electr ic also may elect to fuel such a Uni t with a gaseous fuel other than or in additio n to natural gas, if and only if Tampa Electric: applies for and secures a PSD permit before using such fuel in any of such Unit, complies with all requirements issued in such a permit, and complies with all requirements of this Consent Decree applicable to Re-Powering. 40. Further SO 2Reduction Requirements if Big Bend Units 1, 2, or 3 Remains Coal-fired

. If Tampa Electric elects under Paragraph 36 to continue combusting coal at Units 1, 2, and/or 3, Tam pa Electric shall mee t the follow ing require ments. A. Removal Efficiency o r Emission Rate. Commencing on date s set forth in Subparagraph C and continuing thereafter, Tampa Electric shall operate coal-fired Units and the sc rubbers that serve those Units so that emissions from the Units shall meet at lea st one of the followin g limits: (1) the scrubber sha ll remove at least 95% of the SO 2 in the flue gas that entered the scrub ber; or (2) the Emission Rat e for SO 2 from each U nit does n ot excee d 0.25 lb/mmB TU. B. Availability Criteri a . Commencing on the deadlines set in this Paragraph and continuing thereafte r, Tampa Electric shall n ot allow emissio ns of SO 2 from Big Bend Units 1, 2, or 3 without scrubbing the flue gas from those Units and using other equipment des igned to control SO 2 emissions. Notwithstanding the preceding sentence, to the extent that the Clean Air Act New Source Performance Standards identify circumstances during which Bend Unit 4 may operate without -29-its scrubber, this C onsent Decree s hall allow Big Be nd Units1, 2, and/or 3 to operate when those same circumstances are present at Big Be nd Units 1, 2, and/or 3. C. Deadlines

. Big Bend Unit 3 and the scrubber(s) serving it shall be subject to the requirements of this Paragraph beginning January 1, 2010 and continuing thereafter. Until Jan uary 1, 2010, Tampa Electric shall control S0 2emissions from Unit 3 as required by Paragraphs 30 and 31. Big Bend Units 1 and 2 and the scrubber(s) serving them shall be subject to the requirements of this Paragraph beginning January 1, 2013 and continuing thereafter. Until January 1, 2013, Tampa Electric shall control S0 2emissionsfrom Units 1 and 2 as required by Paragraphs 29 and 31. D. Nothing in this Cons ent Decre e shall a lter require ments of NSPS, 40 C.F.R. P art 60 Subpart Da, that app ly to operation of Unit 4 and the scrubber s erving it.

C. BIG BEND AND GANNON -- PERMITS AND RESOLUTION OF CLAI MS 41. Timely Application for Pe rmits

. Except as otherwis e stated in this Consent Decre e, in any instance where otherwise applicable law or this Consent Decree requires Tampa Electric to secure a permit to authorize c onstructing or opera ting any device un der this Consent Decree, Tampa Electric shall make such application in a timely manner. Such applications shall be completed and submitted to the appropriate authorities to allow sufficien t time for al l legally re quired proc essing a nd review o f the permit request. Failure to comply with this provision shall bar any use by Tampa Electric of the Force -30-Majeure provisions of this Consent Decree. 42. Title V Permits

. A. On or before January 1 , 2004, Tampa Electric s hall apply for a Title V P ermit(s), or for an amendment to an existing Title V Permit(s), to include all performance, operational, maintenance, and control technology requirements established by or determined under this Consent Decre e for Gannon, including but not limited to Emission Rates, removal efficiencies, limits on fuel use (including those imposed on Re-Powered or Shutdown Units), and operation and maintenance optimization requireme nts. B. On or before January 1 , 2009, Tampa Electric s hall apply for a Title V P ermit(s), or for an amendment to an existing Title V Permit(s), to include all performance, operational, maintenance, and control technology requirements established by or determined under this Consent Decre e for Big Bend, includ ing but not limited to Emission Rates, removal efficiencies, limits on fuel use (including those imposed on Re-Powered or Shutdown Units), and operation and maintenance optimization requirements. C. Except as this Consent Decree expressly requires otherwise, this Conse nt Decree shall not be cons trued to require Tampa Ele ctric to apply for or obtai n a permit pursuant to the Prevention of Significant Deterioration requirements of the Clean Air Act for any work performed by Tampa Electric within the scope of the Resolut ion of Clai ms provis ions of Para graphs 43and 44, bel ow. 43. Resolution of Pas t Claims - This Consent De cree resolves a ll of Plaintiff  s civil claims -31-for liability arising from violations of either: (1) the Prevention of Significant Deterioration or Non-Attainment provisions of Parts C and D of the Clean Air Act, 42 U.S.C. § 7401 , et seq at Units at Big Bend or Gannon, or (2) 40 C.F.R. Section 60.14 at Units at Big Be nd or Gannon, that : A. are alleged in the Complaint filed November 3, 1999, or in the NOV issued on that date; B. could have been alleged by the United States in the Complaint filed November 3, 1999, or in the NOV issued on that date; or C. have arisen from Tampa Electric  s actions that occurred between November 3, 1999 and the date o n which this Cons ent Decree is e ntered by the Court. 44. Resolution of Future Claims - Covenant not to Sue

. The United States c ovenants not to sue Tampa Electric for civil claims arising from the Prevention of Significant Deterioration or Non-Attainment provisions of Parts C and D of the Clean Air Act, 42 U.S.C. § 7401 et seq ., at Big Bend or Ganno n Units and that a re based on failure to obtain PSD or nonatta inment Ne w Source R eview (NSR ) permits fo r: A. work that this Consent Decree expressly directs Tampa Electric to undertake; or B. physical changes or changes in the method of operation of Big Bend or Gannon Units not required by this Cons ent Decre e, if and onl y if: (1) such change is commenced after Tampa Electric is implementing the plan, or the first phase of the plan if applicable, approved by EPA under Paragraph 31 (Optimiz ing Availa bility of Sc rubbers), (2) such change is commenced, within the meaning of 40 C.F.R. Section -32-52.21(b)(9), during the time this Consent Decree applies to the Unit at which this change has been made ; (3) Tampa Electric is otherwise in compliance with this Consent Decree; (4) hourly Emission Rates of NO X , SO 2 , or PM at the changed Unit(s) do not exceed their respective hourly Emission Rates prior to the change, as measured by 40 C.F.R. § 60.14(h); and (5) in any calendar year following the change, emissions of no pollutant within the scope of Total Baseline Emissions exceed the emissions of that pollutant in the Total Baselin e Emissio ns. 45. Separate Limitation on Resolution of Cla ims

. Notwithstanding the provisions of Section XIII (  Termination  ), the provision s of Paragraph 44 (

 Resolution of Futur e Claims - Covenant Not to Sue  ) shall terminate at Gannon and Big Bend, as follows. On December 31, 2006, the provisions of Paragraph 44 shall terminate and be of no further effect as to physical changes or changes in the method of operation at Gannon. On December 31, 2012, the provisions of Paragraph 44 shall terminate and be of no further effect as to physic al change s or chang es in the m ethod of op eration at Big Bend

. If Tampa Electric Re-Pow ers any Unit at Bi g Bend under the te rms provided by this Consent Decre e, then for each suc h Unit the provisions of Paragraph 44 shall terminate two years after ea ch such Unit is R e-Powered or on Dece mber 31, 2012, whicheve r is earlier. 46. Exclusion of Certain Emission Allowances

. For any and all actions taken by Tampa Electric pursuant to t he terms of this Co nsent Decree, inc luding but not limited t o -33-upgrading of ESPs and scrubbers, installation of NO xcontrols, Re-Powering, and Shutdown, Tampa Electric shall not use or sell any resulting NO xor SO 2 emission allowances or credits in any emission trading or marketing program of any kind; provided, however, that: A. SO 2credits allocated to Tampa Electric by the Administrator of EPA under the Act, due to the Re-Powering or Shutdown of Gannon, may be retained by Tampa Electric during the year in which they are allocated, but only for Tampa Electric  s own use in meeting any acid rain requirement imposed under the Act. For any such allowances not used by Tampa Electric for this purpose by June 30 of the following calendar year, Tampa Ele ctric shall not use, sell , trade, or ot herwise transfer these allowances for its benefit or the benefit of a third party unless such a transfer would result in the retiring of such allowances without their ever being used. B. If Tampa Electric decides to Re-Power any Unit at Big Bend, then Tampa Electric shall be entitled to retain for any purpose under law the difference between t he emiss ion allowa nces tha t would hav e resulte d from insta lling BACTlevel NO xand SO 2 controls at the existing coal-fired Unit and the emission allowances that result from Re-Powering that Unit. Before Tampa Electric uses any allowances within the scope of this Subparagraph, Tam pa Electric shall submit the calculation of the net emission allowances for approval by the United States. C. Nothing in this Consent Decree shall preclude Tampa Electric from using or -34-selling emission allowances arising from Tampa Electric  s activities occurring prior to Dec ember 31, 1999, or Tampa El ectric  s activit ies after t hat date t hat are not related to actions required of Tampa Electric under this Consent Decree. The United States an d Tampa Electric agree that the operation o f the SO 2 scrubber serving Big Bend Un its 1 and 2 meets the requireme nts of this Subparagra ph, and that emissi on allowances re sulting from the opera tion of this scrubbe r shall not be treated as an activity related to or required under this Consent Decree.

V. REPORTING AND RECORD KEEPING 47. Beginning at the end of the first calendar quarter after entry of this Consent Decree, and in addition to any other express reporting requirement in this Consent Decree, Tampa Electric shall sub mit to EPA a quarterly report, c onsistent with th e form attached to thi s Consent Decree as the Appendix, within thirty (30) days after the end of each calendar quarter unt il this Co nsent De cree is te rminated. 48. Tampa Electric  s report shall be s igned by Tampa Electric

 s Vice Presiden t, Environmental and Fuels, or, in his or her absence, Vice President, Energy Supply, or higher ranking official, and shall contain the following certification: I certify under penalty of law that this informa tion was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly g ather and evaluat e the information sub mitted. Based on my directions and my inq uiry of the person( s) who manage the system, o r the person(s) directly responsible for gathering the information, the information submitted is, to the best of my k nowledge and belie f, true, accu rate, and c omplete. I u nderstan d that ther e are significant penalties for making misrepresentations to or misleading the United States.

-35-VI. CIVIL PENALTY 49. Within thirty (30) calen dar days of entry of this Consent Decre e, Tampa Electric sha ll pay to the United Sta tes a civil pena lty in the amount of $3.5 mi llion. The civil penalty shall be paid by Electronic Funds Transfer ("EFT") to the United States Department of Justice, in accordance with current EFT procedures, referencing the USAO File Number and DOJ Case Number 90-5-2-1-06932 and the civil action case name and case number of this action. The costs of such EFT shall be Tampa Electric  s responsibility. Payment shall be made in a ccordance with in structions provide d by the Financial Liti gation Unit of the U.S. Attorney's Office for the Middle District of Florida. Any funds received after 11:00 a.m. (EST) shall be credi ted on the next bus iness day. Tampa Ele ctric shall provide notice of payment, referencing the USAO File Number, DOJ Case Number 90-5- 2-1- 06932, and the civil action case name and case number, to the Department of Justice and to EPA, as provided in Paragraph 82 (Notice ). Failure to timely pay the civil penalty shall subject Tampa Electric to interest accruing from the date payment is due until the date payment is made at the rate prescribed by 28 U.S.C. § 1961, and shall render Tampa Electric liable for all c harges, costs, fee s, and penalties established b y law for the benefit of a creditor or of the Unite d States in sec uring payment.

VII. NO xREDUCTION PROJECTS AND MITIGATION PRO JECTS 50. Tampa Electric shall submit plans for and shall implement the NO x Mitigation Projects (referred to together as

 Projects  ) described in this Section, and in Paragraph 35 of this C onsent Decree, in compliance with th e schedules a nd terms of this Reduction and Other

-36-Consent Decree. In performing these Projects, Tampa Electric shall spend no less than $10 million in Project Dollars, in total, unless the Additional NO xReduction Project( s) selected under Paragr aph 52.C is estimated to co st more than $5 mill ion, in which case Tampa Electric shall spend no less than $10 million but no more than $11 million in Project Dollars, in total. Tampa Electric shall expend the full amount of the Project Dollars required by t his Paragraph on or be fore May 1, 2010. Tampa Elec tric shall maintain fo r review by EPA, upon its request, a ll documen ts identi fying Projec t Dollars spent by Tampa Electric. 51. All plans and reports prepared b y Tampa Elec tric pursu ant to the r equiremen ts of Paragraph 35 and this Section of the Consent Decree shall be publicly available without charge. 52. Tampa Electric shal l submit the requir ed plans for and compl ete the following P rojects: A. Early NO xreductions through combustion optimization as described in Paragraph 35 of this Consent Decree. B. Performanc e of Air Che mistry Work in Tampa Ba y Estuary

. Tampa Electric shall expend no more than $2 million Project Dollars in conducting or financing stack tests, emissions estimation, ambient air monitoring, data acquisition and analysis, and any combination thereof that: (1) is not otherwise required by law, (2) will provide data or a nalysis that is not already availa ble, (3) will complement work carried out by other persons examining the air chemistry of Tampa Bay Estuary, an d (4) will help close gaps in current unde rstanding of air chemistry in the Tamp a Bay Estuary. Tampa Ele ctric shall eithe r conduct this -37-work itself, fund other pe rsons already co nducting such wo rk on a non-profit basis, or both. For work Tampa Electric intends to conduct itself, the company shall describe the proposed work a nd a schedule for c ompletion to EPA, in writing, at l east 90 d ays prior t o the date on which Ta mpa Electri c intends to start such work, including an explanation of why the proposed work meets all the requirements of this Subparagraph. Unless EPA objects to the proposed work on the grounds it does not comply with the requirements of this Subparagraph, Tampa Electric shall undertake and complete the work according to the proposed schedule. If Tampa Electric elects to spend some or all of the $2 million Project Dollars to finance work to be performed by other persons or organizations, the company shall provide to EPA for review and approval a plan that describes the work to be performed, the persons or organizations conducting the work, the schedule for its completion, the schedule for Tampa Electric  s payments, and an explanation of why t he proposed payme nt(s) meets all the requirements of this Subparagraph. The plan shall be provided to EPA at least 90 days prior to the date on which Tampa Electric will begin transferring the money to finance such work. All payments to persons or organizations under such a plan shall be completed by Tampa Ele ctric no later than J une 30, 2002. Before Tampa Electric makes such payments for the benefit of any person or organization carrying out work under this Paragraph, Tampa Electric shall secure a written, signed commitment from such person to provide Tampa Electric and EPA with the results of the work. -38-C. Additional NO xReductions Project( s)

. (1) General Requirement . Tampa Electric shall expend the remainder of the Project Dollars requ ired under this Con sent Decree to: (i ) demonstrate innovative NO xcontrol technologies on any of its Units or boilers at Gannon or Big Ben d not Shutdown or on Re serve / Standby; an d/or (ii) reduce the NO xEmission Rate for a ny Big Bend coa l-combusting Unit below the lowest rate otherwise applicable to it under this Consent Decree. (2) For any Project(s) at Gannon . If Tampa Electric elects to undertake a project on an eligible Gannon Unit(s) to demonstrate any innovative NO x control technology, within six months after entry of this Consent Decree Tampa Electric shall submit a plan to EPA, for rev iew and approval, which sets forth: (a) the NO xdemonstration or innovative control technology projects being proposed; (b) the anticipated cost of the projects; (c) the reduction in NO xor other environmental benefits anticipated to result from the project, and (d) a schedule for implementation of the project providing for commencement and completio n in accord ance with the require ments of th is Subpara graph.

. EPA shall c omplete it s review o f this plan within 60 d ays after receipt. If such project is approved, Tampa Electric shall complete installation of the technology no later than December 31, 2004 as part of the RePowering of such Units; provided, however, that nothing in this Paragraph

-39-alters Tampa Electric  s obligation under Paragraph 26 of this Consent Decree. (3) For any Project(s) at Big Bend . At least three (3) years prior to the date on which the expenditure of any Project Dollars is to commence on Big Bend under this Subparagraph C, Tampa Electric shall submit a plan to EPA for review and approval which sets forth: (a) the NO xdemonstration or innovative control technology projects being proposed; (b) the anticipated cost of the projects; (c) the reduction in NO xor other environmental benefits anticipated to result from the project, and (d) a schedule for implementation of the project providing for commencement and completio n in accord ance with the require ments of th is Subpara graph. If EPA approves the proje cts contained in the plan, Tampa Electric shall implement the project(s). Projects that would demonstrate innovative NO xcontrol technology or reduce the NO xEmission Rate for a ny Big Bend coal-fired or Re-Powered Unit shall be operating and achieving reductions or demonstrating the performance of the innovative technology, as applicable, not later than May 1, 2010. (4) Follow-up Report (s) . Within sixty (60) days following the implementation of ea ch EPA-approved projec t, Tampa Electric shall submit to EPA a report that documents the date that all aspects of the project were implemented, Tampa Electric  s results in implementing the project, including the emission reduct ions or other environme ntal benefits -40-achieved, and the Project Dollars exp ended by Tampa Elect ric in implementing the proj ect.

VIII. STIPULATED PENALTIES 53. For purposes of this Consent Decree, within thirty days after written demand from the United States, and subject to the provisions of Sections X (Force Majeure) and XI (Dispute Resolution), Tampa Electric shall pay the following stipulated penalties to the United States for ea ch failure by Tampa Elec tric to comply with the terms of this Consent Decree. A. For failure to pay timely t he civil penalty a s specified in Se ction VI of this Consent Decree, $10,000 per day. B. For all violations of a 24 hour Emission Rate (1) Less than 5% in excess of limit: $4,000 p er day, per violat ion; (2) more t han 5% but less than 10% in excess of limit: $9, 000 per day per viol ation; (3) equal t o or greater than 1 0% in excess of limit: $27,500 per day, per violation C. For all violations of 30-day rolling average Emission Rates (1) Less than 5% in excess of limit: $150 per day per violation; (2) more than 5% but less than 10% in excess of limit: $300 per day per violation; (3) equal to or greater than 10% in excess of limit: $800 per day per violation. Violation of an Emission Rate that is based on a 30 day rolling average is a violation on every day of the 30 day period on which the average is based . Where a violation of a 30 day rolling monthly average Emis sion Rate (for the s ame pollutant and from the same -41-source) recurs within periods less than 30 days, Tampa Electric shall not pay a daily stipulated penalty for any day of the recurrence for which a stipulated penalty has already been paid. D. For all violations of a 95% removal efficiency requirement (1) For removal efficiency less than 95% but greater than or equal to 94%, $4,000 per day, per violation; (2) for removal e fficiency less th an 94% but greater than or equal to 91%, $9,000 pe r day, per vio lation; (3) f or removal e fficiency less tha n 91%, $27,500 per day, per violation. For all violations of a 93% removal efficiency requirement (1) For removal efficiency less than 93% but greater than or equal to 92%, $4,000 per day, per violation; (2) for removal efficiency less than 92% but greater than or equal to 90%, $9,000 per day, per violation; (3) for r emoval efficiency less than 90%, $27,500 per day, per violation; E. Violation of deadlines for Shutdown of boilers or Units or megawatt capacity

 $27,500 per day, per violation. F. Failure to apply for the permits required by Paragraphs 26, 27, 34, 38, and 42

 $1,000 per day, per violation. G. Failure to implement th e recommendations of the PM BACT Anal ysis or the PM optimization study by May 1, 2004 $5,000 per day, per violation for first 30 days; $15,000 per day, per violation, for next 30 days; $27,500 per day, per violation , thereafte r. H. Failure to commence combustion optimization at Big Bend Units 1, 2, or 3 on or before May 30, 2003 as required by Paragraph 35, $10,000 per day, per violation. -42-I. Failure to operate the scrubbers at Big Bend Units 1, 2, or 3 on any day except as permitted by Paragraphs 29, 30, or 31, $27,500 per day, per violation. J. Failure to submit quarterly progress and monitoring report $100 per day, per violation , for first ten days late , and $500 p er day for ea ch day the reafter. K. Failure to complete timely any action or payment required by or established under Subparagraph 52(B) (Performance of Air Chemistry Work in Tampa Bay Estuary), $5,000 per day, per violation L. Failure to perform NO xreduction or demon stration project( s), by the deadline( s) established in Subparagraph 52.C (Additional NO xReductio ns Projec t(s)), $10,000 per day, per violation; M. For failure to spend a t least the numbe r of Project Dollars requ ired by this Consent Decree by date specified in Paragraph 50, $5,000 per day, per violation; N. Violation of any Con sent Decree proh ibition on use of allo wances as pro vided in Paragraph 46 three times the market value of the improperly used allowance as measured at the time of the improper use. 54. Should Tampa Electric di spute its obliga tion to pay part or all of a stipulated pena lty demanded by the United States, it may avoid the imposition of a separate stipulated penalty for the failure to pay the disputed penalty by depositing the disputed amount in a commercial escro w account pendin g resolution of the ma tter and by invoking th e Dispute Resolution provisions of this Consent Decree within the time provided in this Section VIII of the Consent De cree for payment of the disputed penalty

. If the dispute is thereafter resolv ed in Tampa Electr ic's favor, the escro wed amount plus accrued i nterest -43-shall be returned to Tampa Electric. If the dispute is resolved in favor of the United States, it shall be entitled to the es crowed amount dete rmined to be due by the Court, plus accrued inte rest. The balance in the escrow acc ount, if any, shall be ret urned to Tampa Electric. 55. The United States reserves the right to pursue any other remedies to which it is entitled, including, but not limited to, a new civil enforcement action and additional injunctive relief for Tampa Electric's violations of this C onsent Decree. If the United States ele cts to seek civil or cont empt penalties a fter having collecte d stipulated pena lties for the same violation, any further penalty awarded shall be reduced by the amount of the stipulated penalty timely paid or escrowed by Tampa Electric. Tampa Electric shall not be required to remit any stipulated penalty to the United States that is disputed in compliance with Part XI of thi s Conse nt Decree until the d ispute is resolved in favor of th e United St ates. However, nothing in this Paragraph shall be construed to cease the accrual of the stipulated penalties until the dispute is resolved.

IX. RIGHT OF ENTRY 56. Any authorized representative of EPA or an appropriate state agency, including independent contractors, upon presentation of credentials, shall have a right of entry upon the premises of Tampa Electric's plants identified herein at any reasonable time for the purpose of monitoring compliance with the provisions of this Consent Decree, including inspecting plant equipment and inspecting and copying all records maintained by Tampa Electric re quired by th is Conse nt Decree

. Tampa Elec tric shal l retain s uch record s for a -44-period of twelve (12) ye ars from the date of en try of this Consen t Decree. Nothing in this Consent Decree shall limit the authority of EPA to conduct tests and inspections at Tampa Electric  s facilities under Section 114 of the Act, 42 U.S.C. § 7414.

X. FORCE MAJEURE 57. If any event occurs which causes or may cause a delay in complying with any provision of this Consent Decree, Tampa Electric shall notify the United States in writing as soon as practicable, but in no event later th an seven (7) busi ness days foll owing the date Tampa Electric first knew, or within ten (10) business days following the date Tampa Electric should have known by the exercise of due diligence, that the event caused or may cause such delay. In this notice Tampa Electric shall reference this Paragraph of this Consent Decree and describe the anticipated length of time the delay may persist, the

cause or caus es of the delay, the measures take n or to be taken by Tamp a Electric to prevent or minimize the delay, and the schedule by which those measures will be implemented. Tampa Electric shall adopt all reasonable measures to avoid or minimize such delays. 58. Failure by Tampa Electric to comply with the not ice requirements o f Paragraph 57 shall render this Section X voidable by the United States as to the specific event for which Tampa Electric has failed to comply with such notice requirement. If voided, the provisions of this Section shall have no effect as to the particular event involved. 59. The United States shall notify Tampa Electric in writing regarding Tampa Electric's claim of a delay in performance within (15) fifteen business days of receipt of the Force -45-Majeure notice provided under Paragraph 57. If the United States agrees that the delay in performan ce has be en or will be caused b y circums tances b eyond the control of Tampa Electric, including any entity controlled by Tampa Electric, and that Tampa Electric could not have prevented the delay through the exercise of due diligence, the parties shall stipulate t o an extension of the r equired deadline(s) for all requir ement(s) affected by the delay for a period equivalent to the delay actually caused by such circumstances

. Such stipulation s hall be filed as a modification to this Consent Decre e in order to be effective. Tampa Electric shall not be liable for stipulated penalties for the period of any such delay. 60. If the United States does not accep t Tampa Electric's cl aim of a delay in performa nce, to avoid the impositio n of stipulated pen alties Tampa Electri c must submit the matter to this Court for resolution by filing a petition for determination. Once Tampa Electric has submitted the matt er, the United States shall have fifteen business day s to file its response. If Tampa Electric submits the matter to this Court for resolution, and the Court determines that the delay in performance has been or will be caused by circumstances beyond the control of Tampa Electric, including any entity controlled by Tampa Electric, and that Tampa Electric could not have prevented the delay by the exercise of due diligence, Tampa Electric shall be excused as to that event(s) and delay (including stipulat ed penalties oth erwise applicab le), but only for the period o f time equivalent to the delay caused by such circumstances. 61. Tampa Electric shall bear the burden of proving that any delay in performance of any requirement of this Consent Decree was caused by or will be caused by circumstance s -46-beyond its control, in cluding any entity c ontrolled by it, and that Tampa Electric could not have prevented the delay by the exercise of d ue diligence. Tamp a Electric shall also bear the burden of proving the duration and extent of any delay(s) attributable to such circumstances. An extension of one compliance date based on a particular event may, but will not necessarily, result in an extension of a subsequent compliance date. 62. Unanticipated or increased costs or expenses ass ociated with the performance of Tampa Electric's obligations under this Consent Decree shall not constitute circumstances beyond the control of Tampa Electric or serve as a basis for an extension of time under this Section. However, failure of a permitting authority to issue a necessary permit in a timely fashion may constitute a Force Majeure event where the failure of the permitting authority to act is b eyond the control of Tam pa Electric and Tampa Electric has take n all steps available to it to obtain the necessary permit, including, but not limited to, submitting a complete permit application, responding to requests for additional information by the permit ting authority in a time ly fashion, accept ing lawful permit terms and conditions, and prosecuting appeals of any allegedly unlawful terms and conditions imposed by the permitting authority in an expeditious fashion. 63. The parties agree that, depending upon the circumstances related to an event and Tampa Electric  s response to such circumstances, the kinds of events listed below could also qualify as Force Majeure events within the meaning of this Section X of the Consent Decree: Construction, labor, or equipment delays; natural gas and gas transportation availability delays;acts of God; and the failure of an innovative technology approved under Para graph 26.B and 52.C. -47-64. Notwithstanding any other provision of this Consent Decree, this Court shall not draw any inferences nor establish any presumptions adverse to either party as a result of Tampa Electric delive ring a notice pursua nt to this Section or th e parties' inabili ty to reach agreement o n a dispute under th is Part. 65. As part of the resolution of any matter submitted to this Court under this Section, the parties by agreement, or this Court by order, may in appropriate circumstances extend or modify the schedule for completion of work under this Consent Decree to account for the delay in the work that occurred as a result of any delay agreed to by the United States or approved by this C ourt. Tampa Electric sha ll be liable for stipul ated penalties for its failure thereafter to complete the work in accordance with the extended or modified schedule.

XI. DISPUTE RESOL UTION 66. The dispute resolution procedure provided by this Section XI shall be available to resolve all disputes arising under this Consent Decree, except as provided in Section X regarding Force Majeure, or in this Section XI, provided that the party making such application has made a good faith attempt to resolve the matter with the other party. 67. The dispute resolu tion procedure require d herein shall be i nvoked by one party t o this Consent Decre e giving written notic e to another advis ing of a dispute purs uant to this Section XI. The notice shall describe the nature of the dispute and shall state the noticing party's position w ith regard to such di spute. The party rece iving such a notic e shall acknowledge receipt of the notice, and the parties shall expeditiously schedule a meeting -48-to discuss the dispute informally not later than fourteen (14) days following receipt of such notice. 68. Disputes submitted to dispute resolution under this Section shall, in the first instance, be the subject of informal negotiations between the parties. Such period of informal negotiations shall not extend beyond thirt y (30) calendar days f rom the date of the first meeting between representatives of the United States and Tampa Electric unless the parties' representatives agree to shorten or extend this period. 69. If the parties are unable to reach agreement during the informal negotiation period, the United States shall provide Tampa Electric with a written summary of its position regarding the dispute. The written position provided by the United States shall be considered bindin g unless, within th irty (30) calendar days thereafter, Tampa Electric files with this Court a petition which describes the nature of the dispute and seeks resolution. The United States may respond to the petition within forty-five (45) calendar days of filing. 70. Where the nature of th e dispute is s uch that a more timel y resolution of the is sue is required, the time periods set out in this Section may be shortened upon motion of one of the parti es to the d ispute. 71. This Court shall not draw any inferences nor establish any presumptions adverse to either party as a result of invocation of this Section or the parties ' inability to reach a greement. 72. As part of the resolution of any dispute under this Section, in appropriate circumstances the parties may agree, or this Court may order, an extension or modification of the schedule for completion of work under this Consent Decree to account for the delay that -49-occurred as a result of dispute resolution. Tampa Electric shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended or modified schedule. 73. The Court shall decide all disputes pursuant to applicable principles of law for resolving such disputes; provided, however, that the United States and Tampa Electric res erve their rights to argue for what the applicable standard of law should be for resolving any particular dispute

. Notwithstanding th e preceding sen tence of this Parag raph, as to disputes arising under Paragraph 32, the Court shall sustain the position of the United States as to the BACT Analysis recommendations and the optimization study measures that should be installed and implemented, unless Tampa Electric demonstrates that the position o f the Unite d States i s arbitrary or caprici ous.

XII. GENERAL PROVISIONS 74. Effect of Settlement

. This Consent Dec ree is not a permit; c ompliance with its terms does not guarantee compliance with all applicable Federal, State or Local laws or regulations. 75. Satisfaction of all of the requirements of this Consent Decree constitutes full settlement of and shall resol ve and release Tampa Electric from all civ il liability of Tampa Elec tric to the United States for the claims referred to in Paragraphs 43 and 44 of this Consent Decree. This Consent Decree does not apply to any claim(s) of alleged criminal liability, which are reserved. 76. In any subsequent administrative or judicial action initiated by the United States for -50-injunctive relief or civil penalties relating to the facilities covered by this Consent Decree, Tampa Electric shall not assert any defense or claim based upon principles of waiver, res judicata, collateral estoppe l, issue preclusion, claim splitting, or other defense based upon any contention that the claims raised by the United States in the subsequent proceeding were brought, or should have been brought, in the instant case; provided, however, that nothing in this Paragraph is intended to affect the enforceability of the Resolut ion of Clai ms provis ions of Para graphs 43and 44 of th is Conse nt Decree

.. 77. Other Laws

. Except as speci fically provided by thi s Consent Dec ree, nothing in this Consent Decre e shall relieve Ta mpa Electric of its obli gation to comply with all applicable Federal, State and Local laws and regulations. Subject to Paragraph 43 and 44, nothing contained in this Consent Decree shall be construed to prevent or limit the United States' rights to obtain penalties or injunctive relief under the Clean Air Act or other federal, state or local statutes or regulations. 78. Third Parties

. This Consent Decree does not limit, enlarge or affect the rights of any party to this Consent Decr ee as against any third par ties. 79. Costs

. Each party to t his action shall bear its o wn costs and attorneys' fees. 80. Public Documents

. All information and documents submitted by Tampa Electric to the United States pursuant to this Consent Decree shall b e subject to public inspect ion, unless subject to legal priv ileges or protectio n or identified an d supported as business confidential by Tampa Electric in accordance with 40 C.F.R. Part 2. 81. Public Comments

. The parties agree and acknowledge that final approval by the United States an d entry of th is Conse nt Decree is subje ct to the re quirement s of 28 C.F.R . § -51-50.7, which provides for notice of the lodging of this Consent Decree in the Federal Register, an opportu nity for public comment , and the right of the Unite d States to withdraw or withhold consent if the comments disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper, or inadequate. 82. Notice

. Unless otherwise provided herein, notifications to or communications with the United Sta tes or Tamp a Electric shall be d eemed su bmitted on the date t hey are postmarked and sent either by overnight mail, return receipt requested, or by certified or registered mail, return receipt requested. Except as otherwise provided herein, when written notification to or communication with the United States, EPA, or Tampa Electric is required by the ter ms of this Consent Decree, it shall be addressed as foll ows: As to the United States of America: For U.S. DOJ

 Chief Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611, Ben Franklin Station Washington, D.C. 20044-7611 DJ# 90-5-2-1-06932 Whitney L. Schmidt Coordinator, Affirmative Civil Enforcement Program Office of the United States Attorney Middle District of Florida 400 N. Tampa Street Tampa, FL 33602

For U.S. EPA

 Director, Air Enforcement Division -52-Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Ariel Rios Building [2242A] 1200 Penns ylvania A venue, N.W

. Washington, DC 20460 and Regional Administr ator U.S. EPA Regi on IV 61 Forsyth Street, S.E. Atlanta, GA 30303 As to Tampa Electric : Sheila M. McDevi tt General Counsel Tampa Electric Company P.O. Box 111 Tampa, FL 333601-0111

83. Any party may chang e either the notice recipient or the addre ss for providing notic es to it by serving all other parties with a notice setting forth such new notice recipient or address. 84. Modification

. Except as otherwis e allowed by law, the re shall be no modific ation of this Consent Decree without written approval by the United States and Tampa Electric, and approval of such mod ification by the Cou rt. 85. Continuing Jurisdiction

. The Court shall retai n jurisdiction of this case after entry of t his Consent Decree to enforce compliance with the terms and conditions of this Consent Decree and to take any action necessary or appropriate for its interpretation, construction, execution, or modifica tion. During the term of this Consent Decre e, any party may apply

-53-to the Court for any relief necessary to construe or effectuate this Consent Decree. 86. Complete Agreement . This Consent Decree constitutes the final, complete and exclusive agreement and understanding among the parties with respect to the settlement embodied in this Consent Decree. T he parties acknowledge th at there are no repr esentations, agreements or unde rstandings relati ng to the settleme nt other than those expressly contained in this Consent Decre e. An Appendix is a ttached to and inc orporated into this Consent Decree by this refere nce.

XIII. TERMINATI ON 87. Except as provided in Paragraphs 43, 44, an d 45 (involving resolu tion of claims), this Consent Decree shall be subject to termination upon motion by either party after Tampa Electric satisfies all requirements of th is Consent De cree, including paym ent of all stipulated penalties that may be due, installation of control technology systems as specified herein , the receipt of all permi ts specified he rein, securing valid Tit le V Permits for Gannon and Big Bend that incorporate all emission and fuel limits from this Consent Decree as well as all operational limits established under this Consent De cree, and the submission of all final reports indicating satisfaction of the requirements for implement ation of al l acts ca lled for und er Part VII of t his Cons ent Decre e. 88. If Tampa Electric believe s it has achiev ed compliance wi th the requirements of this Consent Decree, then Tampa Electric shall so certify to the United States. Unless the United States objects in writing with specific reasons within 60 days of receipt of Tampa Electric  s certification, the Court shall order that this Consent Decree be terminated on -54-Tampa Electric's motion. If the United States objects to Tampa Electric's certification, then the matter sha ll be submitted to th e Court for resolution u nder Section XI of this Consent Decre e. In such case, Tam pa Electric shall be ar the burden of proving th at this Consent Decree should be terminated. SO ORDERED, THIS _____ DAY OF ________________ 2000.

________________________________ UNITED STATES DISTRICT JUDGE

-55-Signature Page for Consent Decree in United States v. Tampa Electric Company , Civ. No. 99-2524 CIV-T-23F

__________________________________________________________________________ THROUGH ITS UNDERSIGN ED REPRESENTA TIVES, THE UNITED STATES AGREES AND CONSE NTS TO ENTRY O F THE FOREGOIN G CONSENT D ECREE: FOR PLAINTIFF UNITED STATES OF AMERICA: Date: ______________ Lois J. Schiffer Assistant Attorney General Environment and Natural Resources

Division United States Department of Justice

W. Benjamin Fisherow Assistant Chief Thomas A. M ariani, Jr. Jon A. Mueller

Senior Attorneys Environmental Enforcement Section United States Department of Justice P.O. Box 7611 Washington, D.C. 20044 (202) 514-4620 Donna A. Bucella United States Attorney for the Middle District of Florida By:______________________________ Whitney L. Schmidt Affirmative Civil Enforcement Coordinator Assistant United States Attorney United States Attorney s Office Middle District of Florida Florida Bar No. 0337129 Tampa, Florida 33602 (813) 274-6000 (813) 274-6198 (facsimile)Signature Page for Consent Decree in United States v. Tampa Electric Company , Civ. No. 99-2524 CIV-T-23F

__________________________________________________________________________

______________________________________ Steven A. Herman Assistant Administrator for Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Washing ton, D.C.

______________________________________ Bruce Buckheit

Director Gregory Ja ffe Senior Enforcement Counsel Air Enforcement Division Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Washington, D.C.Signature Page for Consent Decree in United States v. Tampa Electric Company , Civ. No. 99-2524 CIV-T-23F

__________________________________________________________________________

John H. Hankinson Regional Administrator U.S. Environmental Protection Agency (Region IV) Atlanta, GeorgiaSignature Page for Consent Decree in United States v. Tampa Electric Company , Civ. No. 99-2524 CIV-T-23F

__________________________________________________________________________ THROUGH ITS UNDERSIGNED REPRESENTATIVES, TAMPA ELECTRIC COMPANY AGREES AND CONSENTS TO EN TRY OF THE FOR EGOING CON SENT DECREE

FOR TAMPA ELECTRIC COMPANY Date: ____________ ___________________________ John B. Ramil President Tampa Electric Company

___________________________ Sheila M. McDevi tt General Counsel Tampa Electric Company