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What Happened?
Jefferson County Foundation and its allies worked with members of Congress to raise awareness at the EPA that Rockwool’s construction air permit was likely a sham permit allowing far more air emissions than necessary and lacking protections required by the Clean Air Act. The West Virginia Department of Environmental Protection (DEP) required Rockwool to submit a modified construction air permit and then required that Rockwool further reduce its emissions. The Foundation, municipalities, allied groups, and hundreds of members of the public submitted public comment. The DEP issued a new permit requiring much lower emissions than the previous permit. Rockwool appealed the permit requesting that several permit conditions be loosened including that the PM2.5 emission limits be markedly increased. The Foundation intervened in this appeal and filed its own appeal of the permit seeking stronger protections. The evidentiary hearing for this case was in January 2024. The Air Quality Board (AQB) found that Rockwool would be required to adhere to the lower PM2.5 emission limit and that it would not be able to keep the doors open in the dirty end of the plant. This was a WIN for air quality in Jefferson County.
Background
Rockwool’s original Air Permit to Construct was poorly noticed and went unopposed by the public in 2017. When the true nature of the plant’s operation and the permit were discovered by the public in 2018, it was too late—the Air Permit to Construct had been approved.
In 2020, during ongoing construction, Rockwool informed (click to see letter from Rockwool to the DEP) the DEP it did not intend to operate the plant as permitted. Evaluation of the available documents (NPDES permits, VIP permits, Fire Marshall documents, and other municipal and state FOIA documents) made it seem clear that Rockwool’s original permit had been a sham. Rockwool never intended to use coal, but using inappropriate background monitors, Jefferson County’s few other air emission sources, and the guise of using coal as a fuel source it applied for very high levels of air pollution emissions to be permitted from its Ranson plant. Then by actually using natural gas instead of coal (which typically produces lower air emissions) Rockwool would not have to have as stringent of emission controls or be as careful as it would have had to if it had applied to use natural gas and not coal in its original air permit. In this way it seemed Rockwool had done an end-run around the required protections in the Clean Air Act.
Jefferson County Foundation with the help of our specialized attorneys and experts worked hard at the DEP and EPA. As a result, they required Rockwool to modify its original permit to reflect the plant it actually built and require the appropriate controls for that plant so that Jefferson County’s environment and residents are as protected as possible from the pollution the plant produces.
In October 2022 Rockwool finally applied for this permit modification. Again, the notice was shortly before Thanksgiving, but the Foundation was watching. The Foundation submitted technical comments prepared by our specialized attorney and experts.
On May 22, 2023 Rockwool submitted a substantially updated version of the permit with markedly reduced estimated emissions. In this iteration of the permit application Rockwool claimed that the Ranson Facility reduced its air emissions to the point where it was no longer be a “Major Air Emission Source.” Instead, Rockwool claimed the Ranson Facility should be considered a “Minor Air Emission Source.” However, this designation was based on emissions with controls rather than the true potential to emit. This means that the Ranson facility was actually a “Synthetic Minor Air Emission Source.”
Again, the Foundation submitted technical comments prepared by our specialized attorney and experts.
Legal Challenge of Permit
The WVDEP issued the final permit in November 2023. Both the Foundation and Rockwool appealed the permit to the Air Quality Board. The Foundation was also granted intervenor status in Rockwool’s appeal. Rockwool’s appeal sought to increase the amount of air emissions they could release and reduce protections. Specifically, Rockwool sought to markedly increase the amount of PM 2.5 that could be released. The Foundation’s appeal sought to improve transparency and improve protections.
The evidentiary hearing for this case was in January 2024. The Foundation’s attorney’s and expert witness presented evidence that Rockwool should be required to adhere to the limits in the approved permit and should have improved protections required.
The Air Quality Board determined that Rockwool would be required to adhere to the PM2.5 limit that the DEP had imposed with no increase.
Effect of Action
Rockwool has been made to reduce its emission and improve its emission controls protecting the environment and human and animal health. These changes will be carried forward to the permanent air permit (Title V).