Your browser doesn't support audio playback.
State regulators are debating a public request to reveal more information about the air quality permit for a microgrid facility in Tucker County.
Earlier this year, the Division of Air Quality of the West Virginia Department of Environmental Protection (DEP) approved air quality and construction permits for Fundamental Data’s Ridgeline Facility in Tucker County.
Citing “trade secrets,” the DEP also approved redactions of emissions data and other information in the draft permit for the microgrid energy facility.
At a hearing of the Air Quality Board Wednesday, citizen groups concerned about the facility’s environmental impact – Tucker United, West Virginia Highlands Conservancy, and Sierra Club – sought the release of all redacted information as part of an appeal challenging the DEP’s approval of the permit.
However Michael Becker, attorney for the citizen groups, told the board they were willing to limit release under a protective order.
“That’s what we’re asking for here, not to make this information public, not to give it to competitors, but allow us to use it for the limited purposes of this hearing, by allowing myself, as attorney for the appellants and our expert to review this information, make evaluations and present evidence.”
The community groups also took issue with what they categorized as the “misclassification of the facility as a synthetic minor source of emissions instead of a major source.”
Attorney David Yaussy, representing Fundamental Data, argued that the redacted data was simply estimates of emissions data based on information from the manufacturer of the turbines that will be used on site. He said regulatory procedures will require the site to be regularly monitored for exact emissions data.
“The redacted data is not needed at all, because we’ll be working on actual data,” Yaussy said. “We have a real concern about handing out the redacted data, because it’s extremely competitive in the industry getting these turbines.”
He also said that concerns about misclassification as a minor source are irrelevant and again referred to required monitoring. Yaussy said enforcement would require the Ridgeline facility to apply for a major source permit if monitoring shows they are above the minor source limits.
The Air Quality Board asked both parties to meet in a week to determine whether a protective order could be agreed upon.
The board also heard a motion filed by DEP that sought to dismiss three parts of the appeal. Objections that the Division of Air Quality failed to consider “fugitive emissions” from sources like trucks transporting diesel, or that the facility would be used to power a data center were dismissed.
A third objection, that the DEP failed to adhere to the purpose of the West Virginia Air Pollution Control Act by permitting Ridgeline as a synthetic minor source, was upheld.
Further hearings to present evidence to the board are scheduled to start Dec. 3.
Tucker United, West Virginia Highlands Conservancy, and Friends of Blackwater have also appealed to the state’s Intermediate Court of Appeals to get more information about the proposed Ridgeline power plant.