Affordable Clean Energy (ACE) Rule

On July 8, 2019, U.S. EPA published the final Affordable Clean Energy (ACE) Rule that became effective September 6, 2019.  The ACE Rule establishes emission guidelines for states to use when developing plans to limit carbon dioxide (CO2) at coal-fired electric generating units (EGUs).  In this notice, U.S. EPA also repealed the Clean Power Plan and issued new implementing regulations for ACE and future rules under section 111(d).  To see more information from U.S. EPA, visit  

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy Rule and remanded it to the U.S. Environmental Protection Agency (EPA) for further proceedings consistent with its opinion.  On February 12, 2021, the U.S. EPA issued a "Status of Affordable Clean Energy Rule and Clean Power Plan" memorandum stating that U.S. EPA does not expect states to take any further action to develop and submit plans under the Clean Air Act section 111(d) with respect to greenhouse gas emissions from power plants at this time.

This page has been created to share West Virginia's ACE Rule actions.

West Virginia ACE Partial State Plan
Cover Letter, dated January 7, 2021
Final West Virginia ACE Partial State Plan
Appendix A - West Virginia Permitting Rule
Appendix B - West Virginia Proposed ACE Rule
Appendix C - Standards of Performance Demonstration
Appendix D - Quantifiable, Verifiable, Permanent and Enforceable Demonstration
Appendix E - Public Participation
Appendix F-1 - Standards of Performance Supporting Data and Calculations
Appendix F-2 - Standards LVP CO2 Data
Appendix F-3 - Standards LVP Generation and Heat Rate Data
Appendix G - West Virginia Senate Bill 810
Appendix H - West Virginia State Code
Appendix I - Longivew Power LLC Permit Documents
Appendix J - B&V Longview Unit 1 Heat Rate Study

Permitting Actions

Permit 13-3495, Longview Power, LLC, approved December 23, 2020

To view permitting actions via the DEP's electronic document management system, use the link and instructions below:

Go to: (works best with Microsoft Edge or Google Chrome)
User Name = DEP
Password = DEP
1.  Double-click on PERMITSAIR from the applications listed on the left pane.  It should turn blue when selected.
2.  Click on the blue square NEW QUERY.
3.  In the SECONDARY ID NUMBER box, enter the permit number listed above followed by * (for example, 13-3495*).  Click the RUN button at the bottom of the page.  You may sort any of the columns by clicking the column heading.
4.  Double-click the document in the QUERY RESULTS you want to view.