West Virginia Air Permit Program Acid Rain Updates
Summary
The Environmental Protection Agency (EPA) is approving a Title V Operating Permits Program revision submitted by the West Virginia Department of Environmental Protection (WVDEP) on behalf of the State of West Virginia. The revision incorporated by reference final rules promulgated by the EPA, effective June 1, 2020, into West Virginia's Title V Operating Permits Program. The EPA is approving these revisions to the West Virginia Title V Operating Permits Program in accordance with the requirements of the Clean Air Act (CAA). The approval will serve to maintain consistency between the State and Federal counterpart regulations.
Compliance Requirements
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The EPA is approving into West Virginia’s EPA-approved Title V program the amendments that the state made to 45 CSR 33, referenced above. Most notably, the amendment to 45 CSR 33-4.1 adopted and incorporated by reference the following Federal regulations: 40 CFR part 72, 'Permits Regulation;' 40 CFR part 74, 'Sulfur Dioxide Opt-Ins;' 40 CFR part 75, 'Continuous Emission Monitoring;' 40 CFR part 76, 'Acid Rain Nitrogen Oxides Emission Reduction Program;' and 40 CFR part 77, 'Excess Emissions,' as they existed on June 1, 2020.; West Virginia amended 45 CSR 33-1.3, 45 CSR 33-1.4, 45 CSR 33-1.5, 45 CSR 33-1.6, and 45 CSR 33-2.2 as part of the Title V Operating Permits Program revision; The CAA requires all state and local permitting authorities to develop Operating Permits Programs that meet the requirements of Title V of the CAA, 42 U.S.C. 7661-7661f, and its implementing regulations, 40 CFR part 70; Petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [Insert date 60 days after date of publication in the Federal Register]
Deadline: 2025-10-05(Effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER])
Market Impacts
Incorporation by reference of Federal regulations (40 CFR parts 72, 74, 75, 76, 77 as of June 1, 2020) into West Virginia's Title V Operating Permits Program, maintaining consistency between state and federal counterpart regulations; Adoption of continuous emission monitoring requirements from 40 CFR part 75 and acid rain nitrogen oxides emission reduction program from 40 CFR part 76, creating consistent monitoring and reporting standards; Incorporation of sulfur dioxide opt-in provisions from 40 CFR part 74 and excess emissions regulations from 40 CFR part 77, providing consistent framework for acid rain program compliance
Action Items
Update permit documentation
Revise all Title V operating permit documentation to incorporate by reference 40 CFR parts 72, 74, 75, 76, and 77 as they existed on June 1, 2020
Align compliance procedures
Update internal compliance procedures and monitoring systems to match the incorporated Federal regulations from June 1, 2020
Review 45 CSR 33 amendments
Implement changes required by amendments to 45 CSR 33-1.3, 45 CSR 33-1.4, 45 CSR 33-1.5, 45 CSR 33-1.6, and 45 CSR 33-2.2 as detailed in the August 2024 NPRM
Ensure reporting consistency
Maintain emissions reporting systems that are consistent with both West Virginia's incorporated Federal regulations and the state's specific Acid Rain Provisions requirements
Estimated Monetary Impact
Basis: The regulation explicitly states that it 'does not impose additional requirements beyond those imposed by state law' and 'does not impose an information collection burden' under the Paperwork Reduction Act. It is certified as not having significant economic impact on small entities and contains no unfunded mandates. The revision incorporates expired COVID-19 time-limited changes that have already been implemented, so no new costs are imposed. No monetary amounts, penalties, or compliance costs are mentioned in the document.Confidence: 20%
Small Companies
< $10M
Costs
Implementation: $0
Ongoing/yr: $0
Penalties: $0
Benefits
Efficiency: $0
New Revenue: $0
Risk Reduction: $0
Net Impact: $0/yr
Medium Companies
$10M - $100M
Costs
Implementation: $0
Ongoing/yr: $0
Penalties: $0
Benefits
Efficiency: $0
New Revenue: $0
Risk Reduction: $0
Net Impact: $0/yr
Large Companies
> $100M
Costs
Implementation: $0
Ongoing/yr: $0
Penalties: $0
Benefits
Efficiency: $0
New Revenue: $0
Risk Reduction: $0
Net Impact: $0/yr
Validated Company Impacts
Alcoa Corp
Alcoa Corp operates aluminum smelting facilities that are major industrial emission sources subject to Title V operating permits under the Clean Air Act. The company's power-intensive operations and industrial processes directly align with acid rain provisions, continuous emission monitoring requirements, and sulfur dioxide/nitrogen oxides regulations incorporated into West Virginia's program.
BLACK HILLS CORP /SD/
Black Hills Corp operates electric utilities and natural gas distribution in multiple states including West Virginia, placing them directly under the jurisdiction of West Virginia's Title V Operating Permits Program. The company's power generation facilities would be subject to the acid rain provisions, continuous emission monitoring requirements, and sulfur dioxide compliance standards incorporated by this rule.
CABOT CORP
Cabot Corp manufactures carbon black, a chemical production process that generates significant air emissions including sulfur dioxide and nitrogen oxides, directly falling under the Clean Air Act Title V operating permit requirements and acid rain provisions. The company operates chemical manufacturing facilities that would require continuous emission monitoring and compliance with the exact regulations incorporated into West Virginia's program.
Chemours Co
Chemours operates chemical manufacturing facilities that likely require Title V operating permits under the Clean Air Act, particularly for emissions monitoring and acid rain program compliance related to their industrial processes. The company's chemical production operations would be subject to the continuous emission monitoring and reporting requirements incorporated into West Virginia's program.
Celanese Corp
The company specifically identifies environmental regulations as a major risk factor with potential for significant liability and increased compliance costs, which directly aligns with this rule's requirements for acid rain program compliance, continuous emission monitoring, and sulfur dioxide regulations. The rule's focus on emissions monitoring and reporting standards matches the company's stated regulatory compliance risk concerns.
CENTURY ALUMINUM CO
Century Aluminum operates aluminum production facilities that are major industrial emitters subject to Clean Air Act Title V permitting requirements. The company's smelting operations would require continuous emission monitoring and compliance with acid rain provisions, directly aligning with the rule's focus on industrial emissions monitoring and reporting.
Constellation Energy Corp
Constellation Energy operates electricity production facilities that would be subject to Title V operating permits and acid rain program requirements under the Clean Air Act, particularly in regions where these federal regulations apply. The company's power generation activities directly align with the emission monitoring, reporting, and compliance requirements addressed by this West Virginia rule revision.
CF Industries Holdings, Inc.
CF Industries operates large-scale nitrogen fertilizer manufacturing facilities that are major stationary sources of air emissions, including nitrogen oxides (NOx) and sulfur dioxide (SO2), which are specifically regulated under the Acid Rain Program provisions incorporated into West Virginia's Title V permits program. As a company with manufacturing operations that require Title V operating permits and continuous emission monitoring, CF Industries would be directly affected by these regulatory updates to maintain compliance with acid rain and air quality requirements.
DOW INC.
Dow Inc. operates major chemical manufacturing facilities in West Virginia that are subject to Title V operating permits under the Clean Air Act, including emissions monitoring and acid rain program compliance requirements. The company's industrial operations directly align with the rule's focus on continuous emission monitoring, sulfur dioxide compliance, and nitrogen oxides reduction programs.
Duke Energy CORP
Duke Energy operates electric utilities with power generation facilities that would be subject to Title V operating permits and acid rain program requirements under the Clean Air Act. The company's generation activities in the Southeast and Midwest regions would require compliance with continuous emission monitoring and acid rain provisions covered by this West Virginia rule update.
CONSOLIDATED EDISON INC
Con Edison operates electric utility services including energy production and distribution, which directly involves emissions monitoring and reporting under the Clean Air Act's Title V operating permits program. The company's power generation activities would be subject to the acid rain provisions, continuous emission monitoring requirements, and sulfur dioxide compliance standards incorporated into West Virginia's program.
ENTERGY CORP /DE/
Entergy Corporation operates as an integrated energy company engaged in electric power production, which directly falls under the scope of the Clean Air Act's Title V Operating Permits Program and Acid Rain Program requirements. The company's environmental regulation business segment specifically addresses compliance with emissions monitoring and reporting standards that align with the continuous emission monitoring requirements (40 CFR part 75) and acid rain nitrogen oxides emission reduction program (40 CFR part 76) incorporated by this rule.
Evergy, Inc.
Evergy operates as an electric utility company with significant electricity generation activities, which directly falls under the scope of the Clean Air Act Title V Operating Permits Program and Acid Rain Program requirements. The company's power generation operations in both Kansas and Missouri would be subject to the continuous emission monitoring, acid rain nitrogen oxides reduction, and sulfur dioxide compliance requirements incorporated into West Virginia's program, indicating strong regulatory alignment.
EXELON CORP
Exelon operates in the electric transmission and delivery sector, which directly involves power generation facilities subject to Title V Operating Permits and Acid Rain Program requirements under the Clean Air Act. As a major energy utility, their operations would be significantly affected by continuous emission monitoring, sulfur dioxide compliance, and nitrogen oxides reduction programs incorporated into West Virginia's regulations.
FIRSTENERGY CORP
FirstEnergy operates electricity generation facilities that would be subject to Title V Operating Permits under the Clean Air Act, specifically falling under acid rain provisions and continuous emission monitoring requirements due to their fossil fuel-based power generation activities. The company's operations in West Virginia directly align with this state-specific rule revision for emission monitoring and compliance.
INTERNATIONAL PAPER CO /NEW/
International Paper operates pulp and paper manufacturing facilities that are major sources of air emissions, making them subject to Title V operating permits under the Clean Air Act. The company's industrial operations in West Virginia would be directly affected by these acid rain provisions and continuous emission monitoring requirements.
NEXTERA ENERGY INC
NextEra Energy operates electric generation facilities that would be subject to Title V operating permits and acid rain provisions in West Virginia, with significant wholesale energy operations that require continuous emission monitoring and compliance with sulfur dioxide and nitrogen oxides regulations under the Clean Air Act.
NUCOR CORP
Nucor operates steel mills and manufacturing facilities that are subject to Title V operating permits under the Clean Air Act, particularly for emissions monitoring and acid rain program compliance requirements. The company's steel production processes generate air emissions that would fall under the monitoring and reporting standards incorporated into West Virginia's program.
NorthWestern Energy Group, Inc.
NorthWestern Energy operates electric generation facilities in Montana and South Dakota, which would be subject to Title V Operating Permits Program requirements under the Clean Air Act. The company's power generation activities directly align with acid rain provisions, continuous emission monitoring, and sulfur dioxide compliance requirements referenced in this West Virginia rule.
PBF Energy Inc.
PBF Energy operates multiple petroleum refineries that are major stationary sources of air emissions, making them subject to Title V operating permits under the Clean Air Act. The company's operations involve significant emissions monitoring and reporting requirements that align directly with the acid rain provisions and continuous emission monitoring standards incorporated into West Virginia's revised program.
PORTLAND GENERAL ELECTRIC CO /OR/
Portland General Electric operates in energy generation and wholesale market transactions, which directly involves emissions monitoring and reporting under the Clean Air Act. The company's power generation activities would be subject to Title V operating permits and acid rain program compliance requirements, including continuous emission monitoring standards incorporated by this rule.
PPL Corp
PPL Corp operates regulated electric utility segments in Kentucky, Pennsylvania, and Rhode Island, which involve power generation facilities that would be subject to Title V Operating Permits and acid rain provisions under the Clean Air Act. The company's power generation operations align directly with the rule's focus on emissions monitoring, continuous emission reporting, and acid rain program compliance requirements.
SOUTHERN CO
The rule directly addresses the company's 'Environmental Regulations' risk factor by imposing specific compliance requirements for emissions monitoring and acid rain program participation, which aligns with the high costs associated with regulatory compliance mentioned in their risk profile. The rule's focus on continuous emission monitoring and sulfur dioxide compliance directly impacts operational costs and regulatory obligations.
STEEL DYNAMICS INC
Steel Dynamics operates steel production facilities using electric arc furnaces, which are significant sources of industrial emissions that would be subject to Title V operating permits and acid rain program requirements in West Virginia. The company's steel operations involve continuous emission monitoring and reporting obligations that align directly with the rule's requirements for sources under the Acid Rain Program and Cross-State Air Pollution Rule.
Talen Energy Corp
Talen Energy Corp operates power generation facilities subject to environmental regulations and emission allowance requirements, which directly aligns with this rule's focus on acid rain provisions, continuous emission monitoring, and Title V operating permits for power generation facilities. The company's emission allowance management business model specifically corresponds to the sulfur dioxide opt-in provisions and excess emissions regulations incorporated by this rule.
TXNM ENERGY INC
TXNM Energy Inc operates electric utility segments (TNMP and PNM) that generate power, placing them directly under the Clean Air Act's Title V operating permits program requirements for emissions monitoring and acid rain compliance. The company's power generation activities would require continuous emission monitoring and compliance with sulfur dioxide and nitrogen oxides regulations incorporated into West Virginia's program.
Vistra Corp.
Vistra Corp operates multiple electricity generation facilities across Texas, East, and West regions, which are subject to Title V Operating Permits and continuous emission monitoring requirements under the Clean Air Act. The company's power generation operations directly align with the acid rain provisions, sulfur dioxide compliance, and nitrogen oxides emission reduction programs referenced in this West Virginia rule revision.
WEC ENERGY GROUP, INC.
WEC Energy Group operates electric utility generation facilities that would be subject to Title V Operating Permits Program requirements under the Clean Air Act, particularly for emissions monitoring and acid rain compliance. The company's power generation operations in multiple states would be directly affected by the incorporation of continuous emission monitoring and acid rain program requirements into West Virginia's regulations.
XCEL ENERGY INC
Xcel Energy operates multiple electric generation facilities that would be subject to Title V operating permits and acid rain program requirements, particularly through its NSP-Minnesota, NSP-Wisconsin, PSCo, and SPS subsidiaries that generate electricity. As a major power generation company with facilities that monitor and report emissions, Xcel would be directly affected by the continuous emission monitoring and acid rain compliance requirements incorporated into West Virginia's program.