Members of the public can participate in a public hearing online or listen via telephone. Participant pre-registration is required by 5:00 p.m. on Tuesday, December 1, 2020. Details below.
Proposed West Virginia Section 111(d) State Plan
Control of Greenhouse Gas Emissions from
Existing Coal-Fired Electric Utility Generating Units
Notice of Public Hearing and Public Comment Period
The West Virginia Department of Environmental Protection (DEP), Division of Air Quality
(DAQ) is developing a Clean Air Act (CAA) section 111(d) partial State Plan for the Control of
Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units (EGUs) for
submittal to the United States Environmental Protection Agency (U.S. EPA). This partial State
Plan was developed in response to the U.S. EPA promulgation of 40 C.F.R. Part 60, Subpart
UUUUa, Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility
Generating Units; the implementing regulations under 40 C.F.R. Part 60, Subpart Ba, Adoption
and Submittal of State Plans for Designated Facilities; and the voluntary air quality permit
application submitted to the DAQ by Longview Power LLC on June 1, 2020. The U.S. EPA
published the Affordable Clean Energy Rule (ACE) consisting of emission guidelines for
greenhouse gas (GHG) emissions from existing EGUs under section 111(d) of the CAA at 84 Fed.
Reg. 32520 on July 8, 2019.
Section 111(d) of the CAA requires all states to submit a plan to the U.S. EPA which establishes
standards of performance for any existing source for any air pollutant to which a standard of
performance would apply if the existing source were a new source and provides for the
implementation and enforcement of such standards of performance. Such plans are commonly
referred to as State Plans.
This partial State Plan applies to Longview Power LLC that owns and operates one existing coal
fired EGU located in Maidsville, WV. This proposed State Plan will establish the standard of
performance for Longview Power LLC and will provide for the implementation and enforcement
of such standard of performance.
DAQ will hold a public hearing on the proposed ACE partial State Plan at 6:00 p.m. on Tuesday, December 1, 2020.
The public hearing will be held virtually to prevent the spread of COVID-19 in accordance with the WVDEP COVID-19 Policy. Instructions for participating and for providing oral comments at the virtual public hearing are provided below.
The public comment period begins October 30, 2020 and ends at the conclusion of the public hearing on December 1, 2020.
Written comments may be submitted at any time during the public comment period as instructed below. Both oral and written comments will be made part of the State Plan record. Comments received after the conclusion of the public comment period will not be accepted.
The proposed partial WV ACE State Plan is available at:
• The DAQ website at https://dep.wv.gov/daq/publicnoticeandcomment/Pages/default.aspx.
• If you do not have internet capability, please contact DAQ for alternatives at the phone
numbers provided below.
• E-mail written comments to Laura.M.Jennings@wv.gov with “WV ACE State Plan
Comments” in the subject line, or
• Mail hard copy comments to
Attention Laura Jennings
WV Department of Environmental Protection
Division of Air Quality
601 57th Street SE
Charleston, WV 25304
Public Hearing Participation
The public hearing is being held to satisfy the requirements for submitting a CAA §111(d)
State Plan. The purpose of the public hearing is to accept comments concerning the proposed WV
ACE partial State Plan. Comments will be responded to in writing at a later date.
Members of the public can participate online or listen via telephone. Participant pre-registration
is required by 5:00 p.m. on Tuesday, December 1, 2020.
To register, please complete the participant registration form at:
A confirmation e-mail will be sent with information on how to join the public hearing.
If you do not have internet access and want to register, please contact Sandie Adkins or Stephanie Hammonds at (304) 926-0475 by 5:00 p.m. on Monday, November 30, 2020.
Registration is required to fulfill the state’s obligation under federal air quality regulations to include a list of participants.
If you wish to speak at the virtual public hearing, you must pre-register by 5:00 p.m. on
Monday, November 30, 2020. Please limit testimony to one witness for each organization.
Verbal testimony is limited to 5 minutes for each witness. Video demonstrations and screen
sharing by witnesses will not be permitted.
To register to speak, please indicate “yes” you want to provide oral comments on the record when you register with the previously provided link. A confirmation e-mail will be sent with information on how to join the public hearing.
If you do not have internet access and want to register to speak, please contact Sandie Adkins or Stephanie Hammonds at (304) 926-0475 by 5:00 p.m. on Monday, November 30, 2020.
Witnesses are requested to submit a written copy of their verbal testimony by email to
Event title: Public hearing for proposed WV ACE Partial State Plan
Date and time: Tuesday, December 1, 2020 at 6:00 p.m.
Location: Virtual. PRE-REGISTRATION IS REQUIRED as described in this notice.
Your registration confirmation will have the log-in and call-in number details.
For more information on the proposed WV ACE State Plan call 304-926-0475.