Pleasants Power Station - Potential Permits and Approvals Needed for Pyrolysis Plans

Omnis Fuel Technologies, a California based company, has purchased the Pleasants Power Station, in Pleasants County, West Virginia.  Omnis Fuel intends to retrofit the coal fired power plant into a facility that manufactures synthetic graphite using a form of pyrolysis it has developed.

Pyrolysis is where a hydrocarbon is heated at extremely high temperatures in an inert environment to make synthetic graphite. The facility will also produce electricity powered by the hydrogen byproduct of that process. The Pleasants Power Plant was slated to close prior to the Federal Energy Regulatory Commission approving the sale of the coal fired power plant to Omnis at the end of July, 2023.

There are many steps Omnis will need to take before the current power plant becomes a graphite manufacturing and hydrogen power producing facility. Omnis states that it will need to purchase and convert the neighboring Solovay chemical company property to effectuate the production of hydrogen powered energy. Omnis will also need to retrofit the power plant so that it can produce synthetic graphite.  For the immediate future, Omnis intends to continue to operate the plant as a coal fired power plant.

Omnis has not announced a timeline for its proposed facility. However, Omnis will undoubtedly need to apply for permits with West Virginia Department of Environmental Protection (DEP). To date there has been nothing filed of record.  The very first step Omnis will need to take will be to immediately file for Change of Ownership on the existing permits to continue operations of the coal fired plant.  

Because the technology and process Omnis states they intend to use is their own developed form of pyrolysis for graphite production, there is not a tried-and-true framework for the exact permits for their projected facility. Looking across the state to Amstead Graphite Materials, LLC in Anmoore, West Virginia, can provide an example of what type of permits might be required.  Amstead is a synthetic graphite manufacturing facility the predecessor of which began producing graphite circa 2010. Based on the Amstead facility permits, Omnis is likely to require, Construction/Modification Permits, Air Quality General Permits, and National Pollutant Discharge Elimination System (NPDES) Permits which are likely to have the following requirements:

  • Permit to Construct Modify or Relocate: Because the facility needs to be retrofitted from a           coal fired power plant to a graphite manufacturing and hydrogen energy plant, this permit          is likely to apply. Prior to applying for this permit Omnis would need to meet with DEP             Air Quality Permitting to review the proposal for the facility. After the meeting Omnis      would file a permit application which would be advertised by DEP in the area of the current Pleasants Power Plant. This public notice allows 30 calendar days for written public         comment and provides provisions for requesting a public meeting. The Environmental          Protection Agency (EPA) would also provide public notice.            

  • Air Quality Permit – This is the operating permit. Based off the Amstead facility, this could          be a Title V Permit, which implements Title V of the 1990 Federal Clean Air Act      Amendments. Once Omnis applies for this permit, it is subject to legal advertisement in a             local newspaper and includes a 30-day public comment, however interested parties may            request an extension. Public meetings are based on the level of public interest.  This type      of permit, if approved, is valid for five years and must be renewed six months prior to the             end of the term. This permit is also subject to further review by the EPA.

  • NPDES Permit:  The Division of Water and Waste Management administers this permit    program which is a federally delegated program pursuant to the Clean Water Act. NPDES      permits usually require public notice and a period for public comment. A general NPDES             permit is typically issued for five years. There is also a period of public comment on every           permit reissuance. This permit is also subject to review by the EPA.

However, there are many unknowns about the project, and the facility has many steps before Omnis even reaches the point of applying for permits. Some items to consider are that this facility will ultimately convert a coal fired plant to a facility generating hydrogen power, and it is possible that this facility will qualify for Inflation Reduction Act funds which included $369 billion to tackle climate change.

But there are potential environmental pitfalls, the Amstead facility can serve as an example of what environmental concerns could arise. Amstead was cited by the U.S. Environmental Protection Agency (EPA) for multiple violations of pollutant discharge and temperature control issues impacting waters of the state under the Clean Water Act before entering a Consent Order. Additionally, synthetic graphite is touted as necessary to reduce greenhouse gas. Graphite is used in a variety of industries, including but not limited to batteries, brake linings, lubricants, and powdered metals.  The most prevalent use of graphite is in batteries specifically in relation to the electric-vehicle and solar markets. Although synthetic graphite is used to support green energy and products which aim to lower greenhouse gas emissions, synthetic graphite is traditionally created from heating multiple derivatives of oil and coal (coke, distilled tars, carbon black, and recycled graphite) together at extremely high temperatures over a period of time.  So, despite the emerging need for graphite and its importance in green energy, the creation of synthetic graphite using traditional methods of production tends to generate high levels of greenhouse gasses and can create the temperature control issues for which Amstead was cited. Additionally, hydrogen energy as a means to limit greenhouse gas emissions has been criticized because it moves greenhouse gas emissions to a different part of the energy production chain. This is because hydrogen feedstock that is produced from coal or gas may produce significant emissions in the process of generating the hydrogen. So, while using hydrogen to generate energy is low emissions, creating hydrogen is not necessarily low emission. Omnis’s pyrolysis manufacturing process may prevent excessive emissions in graphite production thus solving the concern of high emissions for both portions of the facility. Omnis is currently working with Zeeco, a company that specializes in combustion equipment for the oil and gas industry and carbon capture equiptment.  However, because this is a process that Omnis and Zeeco are developing, the actual process and environmental impact will be unknown until Omnis files permit applications which include its plans.

With so many unknown elements until Omnis begins applying for permits, the public in Pleasants County, West Virginia will have to wait and see if this project comes to fruition and how it takes shape.  New announcements should be able to be found either on the West Virginia DEP’s website or in local newspapers. The permit histories can be found using the West Virginia DEP’s Application Xtender. Water quality permits can be found by navigating to “Permits” and inputting “WV0023248” into the Primary ID box. Air quality permits can be found by navigating to “PermitsAir” and searching for “Pleasants Power Station.”

Written by Tina Perez, Fair Shake Legal Intern