This proceeding concerns an administrative compliance order, as amended (the "Compliance Order"), EPA Region IV issued under the Clean Air Act ("CAA") to the Tennessee Valley Authority ("TVA"). EPA Administrator Carol M. Browner asked that the Environmental Appeals Board ("Board") reconsider the Compliance Order and issue the Agency's final decision on reconsideration.

On February 20, 2001, the Shasta County Department of Resource Management Air Quality Management District (the “District”), pursuant to a delegation from U.S. Environmental Protection Agency Region IX (“Region IX”), issued a federal Clean Air Act prevention of significant deterioration (“PSD”) permit to Three Mountain Power, LLC (“TMP”), authorizing the construction of a 500-megawatt nominally-rated natural gas-fired electrical generating power plant in Burney, Shasta County, California (the “Permit”).