AEP Says EPA Acting ´In Bad Faith´

WASHINGTON, D.C., Feb. 3, 1998 -- In testimony today to the U.S. Environmental Protection Agency (EPA), American Electric Power (NYSE: AEP) summed the agency´s actions connected with its proposed call for nitrogen oxide (NOx) state implementation plans (SIPs) in two words: bad faith.

In November 1997, EPA issued SIP calls requiring 22 states to impose uniform NOx emission reductions of 85 percent by utilities and other large sources in a region spanning the Northeast, Midwest and South. The calls were issued despite modeling results by the 37-state Ozone Transport Assessment Group (OTAG). Endorsed by EPA, OTAG was convened to study the formation and transport of ozone in the eastern United States. OTAG´s findings indicated that NOx emissions from the Midwest and Southern states have limited impact on air quality problems in the Northeast. NOx is a precursor to the formation of ozone.

Mark Gray, manager of environmental services for AEP, told those gathered that EPA disregarded OTAG´s recommendation that a range of emission reduction levels, from 55 percent to 85 percent, be implemented. EPA instead proposed an 85 percent reduction level in an onerous "one size fits all" approach.

"EPA has not only abandoned the concept of differentiated control levels for utility sources," Gray said, "but it has compounded its act of bad faith by proposing the most stringent end of the range for the whole 22-state region covered by the proposal."

Gray also said that EPA broke faith with OTAG participants on the science that guided their process. "Once the ozone modeling made clear that long-range transport was not a significant contributor to nonattainment in various regions, the need for the development of sub-regional control strategies became obvious," Gray said.

Notwithstanding the need to conduct sub-regional modeling, which would require at least another year to complete, EPA "unilaterally proposed an extreme control program without regard to regional needs."

To further his point, Gray pointed out how EPA has accelerated its timetable for implementation. EPA originally targeted 2004 as the appropriate implementation date, in tune with OTAG recommendations. However, after eight Northeast states filed Section 126 petitions in August 1997, EPA changed the date to September 2002, in line with the petitions.

The petitions contended that pollutants from the Midwest were preventing the Northeast states from achieving mandated air quality standards, and asked EPA to impose harsh new controls on Midwest utilities and other industries.

"We are left to wonder whether EPA is, in effect, granting the Northeast states´ petitions with the SIP call proposal without the due process required for such petitions," Gray said. "Bad faith at a minimum, illegal at worst."

Gray also questioned the potential success of a nitrogen oxides trading program under EPA´s proposal. Referring to the industry´s experience with the sulfur dioxide program, Gray cautioned that such a program "should (have) a range of control options...to help stimulate market activity. Most importantly, there must be something to trade.

"The EPA proposal, in addition to ignoring regional air quality needs, is at such a stringent level that the limits of...technology will be pushed. ...[T]he economic savings that may occur due to trading will be minuscule compared to the total cost of the control program."

Gray noted that AEP is participating in the new Alliance for a Constructive Air Policy, which is prepared to work closely with individual states "to achieve significant emission reductions in the near term and design control strategies that actually attain the new ozone standard in the longer term.

"We believe that (ACAP´s) alternative to EPA´s proposal will be far more successful in bringing the public clean air [and] at a much lower cost," Gray concluded.

AEP, a global energy company, is one of the United States´ largest investor-owned utilities, providing energy to 2.9 million customers in Ohio, Indiana, Michigan, West Virginia, Virginia, Tennessee and Kentucky. AEP has holdings in the United States, the United Kingdom and China. Wholly owned subsidiaries provide power engineering, consulting and management services around the world. The company is based in Columbus, Ohio.

For More Information, Contact:
Deb Strohmaier
Senior Media Representative
American Electric Power

More From PSO

Learn More

Manage Your Electric Bill Year-Round

Sign Up Now Pay Online for Free with Paperless Billing

Pay Online for Free with Paperless Billing

Use Online Form Report Outages On Your Mobile Phone

Report Outages On Your Mobile Phone

How We Restore Power Learn more

How We Restore Power

Visit AEP.com
Use of this site constitutes acceptance of the AEP Terms and Conditions. View our Privacy Policy. © 1996-2019 American Electric Power. All Rights Reserved.

Privacy Policy

Privacy Policy for Public Service Company of Oklahoma (PSO), a unit of American Electric Power (AEP)


This Privacy Policy applies only to PSOklahoma.com and the Public Service Company of Oklahoma customer mobile app (com.aep.customerapp.pso). Other AEP websites and apps may be governed by their own privacy policies, appropriate to the uses and needs of each. Throughout the site or app, we may provide links to resources and sites that are not part of PSOklahoma.com or the Public Service Company of Oklahoma customer mobile app. This Privacy Policy does not apply to those resources and sites.


By using this site or app, you consent to the terms of this Privacy Policy. Whenever you submit information via this site or app, you agree to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

Information Collected

  1. Passively collected information

    During your use of this site or app, we may collect anonymous information about your visit here through the use of server logs, cookies, scripts, tracking pixels and other Web traffic tracking systems. This information is aggregated and used to improve user experience through analysis of user activities. This information is never combined with any of the personally identifiable information you may provide in your use of the features of this site or app.
  2. Personally identifiable information

    On certain forms of this site or app, you may be asked to provide information about yourself or your account with us, either to identify yourself to us or to request a service from us. In each case, we will inform you what information is provided at your option and what information is required to complete the transaction or activity you are engaged in. If you are unwilling to provide this required information, you will be unable to complete the requested transaction.

Use and disclosure of information

The information you provide to us will be used to respond to requests you may make for services. Some or all of this information may be added to your permanent account record and may be used for research purposes.

In addition, we may use elements of this information in the following situations:

  1. We may transfer the information to PSO’s affiliates and subsidiaries, unless such transfer is prohibited by law;
  2. We may transfer the information as part of a merger, consolidation, acquisition, divestiture or other corporate restructuring (including bankruptcy);
  3. We may make the information available to third parties who are providing the product, service or information that you have requested (but not your password);
  4. We may make such information available to third parties who are providing services to PSO (for example, providing the information to third parties performing computer-related services for PSO);
  5. We may use the information to communicate with you about products and services that may be of interest to you.
  6. We may disclose the information if we form a good-faith belief that disclosure of such information is necessary to investigate, prevent, or take action regarding any illegal activities or regarding interference with the operation of our site or violation of its terms of use; or
  7. We may disclose the information if we believe that disclosure is required by law or regulation or in response to a subpoena or other order of a court or other governmental agency.

PSO uses Flurry Analytics Service (provided by Yahoo) in order to improve its mobile apps. Flurry’s privacy policy governs the use of this information.

Also, PSO reserves the right to share any aggregated information (i.e., non-personally identifiable information) with any third parties for any reason, unless prohibited by law.

We will not sell, rent or otherwise disclose the information we gather about you or your account to any third party, except as outlined in this Privacy Policy.


PSO takes reasonable steps to protect your personally identifiable information as it is transferred to us, through the use of Web technologies such as the Secure Sockets Layer and others. However, no Internet transmission of information is ever completely secure or error-free. In particular, e-mail sent to or from PSO may not be secure.

How to Reach Us

If you would like to update your personally identifiable information or if you have questions about this privacy policy, please contact us.

Changes to This Policy

PSO reserves the right to change this Privacy Policy at any time. If this Privacy Policy changes, the revised policy will be posted to this site. Please review this Privacy Policy before you provide any personally identifiable information through this site. Use of our web site after the posting of a revised privacy policy constitutes your consent to the revised policy.

This policy was last revised on December 13, 2017.

Close ×

Sign Up For Alerts

Subscribing to PSO alerts gives you instant notification for:

  • Billing & Payments - avoid late payments and disconnection
  • Outage Updates - find out if there's an outage at your address and when power will be back on

Win an Xbox One with Alerts!

Enroll in alerts to be eligible to win. Subscribing to I&M alerts gives you instant notification for:

  • Billing & Payments - avoid late payments and disconnection
  • Outage Updates - find out if there's an outage at your address and when power will be back on

Loading video...