DEP questions data center developer confidentiality claims in air permit requests

In an April 25 letter addressed to Fundamental Data “responsible official� Casey Chapman, DEP General Counsel Jason Wandling said hundreds of public comments regarding that company’s proposed project, which has drawn heavy opposition among Tucker County residents and officials, had triggered a review of the company’s confidentiality claims.

Wandling said in an April 28 letter to TransGas president Adam Victor that “a public comment� regarding the company’s proposed project had triggered a review of TransGas’ confidentiality claims, as well.

Wandling told both companies there is “concern� the confidentiality claims may not meet eligibility requirements under state legislative rules.

Both companies’ air quality permit applications were heavily redacted, omitting information regarding air pollution planned at the sites in copies made available electronically by the DEP.

The correspondence from Wandling to the companies came days before Gov. Patrick Morrisey signed into law legislation aimed at fast-tracking data center buildout in West Virginia that the first-year governor has characterized as the centerpiece of his economic development agenda.

The new law, House Bill 2014, prohibits counties and municipalities from enforcing or adopting ordinances, rules or regulations that limit creation, development or operation of any certified microgrid district or high-impact data center project. It would divert most of the property tax revenue they generate away from local taxing bodies, a move estimated to cost counties and school districts millions.

In his letter directed to Fundamental Data, Wandling said the DEP’s request for additional information would pause a statutory review clock and place the permit application in “a status of incomplete� while technical review of the permit application continues.

Wandling asked Fundamental Data and TransGas representatives to provide written responses within 15 days to facilitate continued review of their permit applications.

Victor and Chapman did not respond to requests for comment.

Annual toxic air emissions planned for Tucker County

The DEP indicated in response to a Gazette-Mail Freedom of Information Act request last month it has three pending applications from entities proposing to construct or operate data centers in West Virginia: one from Fundamental Data for Tucker County and two from TransGas for Mingo County.

Fundamental Data’s planned Tucker County facility would be powered by gas-fueled turbines equipped with heat recovery steam generators, but the turbines may need to use diesel as a backup fuel source during gas pipeline failures. The facility, planned for a location off U.S. 48 near the city of Thomas, would have three diesel storage tanks holding 10 million gallons each. The application indicates there would be haul road activities and equipment leaks.

Operation startup is planned for 2027 or 2028 but subject to change depending on availability of equipment from manufacturers, according to the application filed last month.

The facility would have the potential to annually emit:

• 99 tons of nitrogen oxides, gases which contribute to smog
• 56 tons of carbon monoxide
• 44 tons of volatile organic compounds

A meeting hosted by Davis Mayor Al Tomson at the Davis Volunteer Fire Hall in Tucker County on April 13 to discuss the Fundamental Data application drew more than 200 people in person and another 100 virtually. Attendees voiced concerns about the proposed development having adverse environmental impacts while getting reduced property tax revenue benefits due to HB 2014.

“I have reviewed a lot of air pollution permits over the last 25 years and I’ve never seen an air quality permit as redacted as this one,� Jim Kotcon, chairman of the West Virginia Chapter of the Sierra Club, said at the meeting.

Annual toxic air emissions planned for Mingo County

TransGas has applied for air quality permits that would support neighboring gas-powered facilities for data center campus operations proposed for rural Mingo County. The planned TransGas facilities are off-grid power-generating facilities that DEP spokesman Terry Fletcher said were more than 14 miles apart.

The construction permits would be for data center energy campus operations in Mingo County on 22 Mine Road near Holden, and on Twisted Gun Road near Wharncliffe, respectively, according to the applications received by the Division of Air Quality on March 26. Construction is planned to begin after receipt of the Division of Air Quality permit and other regulatory approvals around Jan. 1, 2026, with operations to start roughly 12 months after construction begins, per the permit applications.

Ultra-low-sulfur diesel would be stored in 40 tanks on the property near the facilities, per the applications. Powerhouses would have one set of emission control fluid tanks for hydrous ammonia, caustic soda, sulfuric acid, sodium chlorite and sodium hydrosulfide. A natural gas pipeline would feed facility engines.

Those substances carry significant safety and health risks, according to data sheets included in the applications. Sodium hydrosulfide contains hydrogen sulfide, a highly toxic gas with a rotten egg odor. Sodium chlorite is very toxic to aquatic life with long-lasting effects. Sulfuric acid is carcinogenic to humans.

The facilities would have haul road activities and equipment leaks, according to the applications.

Each facility would have the potential to emit:

• 206 tons per year of carbon monoxide, which can cause nausea, fatigue and other flu-like symptoms at very low levels
• 194 tons per year of nitrogen oxides, which can harm the human respiratory system and contribute to acid rain
• 118 tons per year of volatile organic compounds, which can contribute to ground-level ozone and may cause cancer

The facilities would have the potential to emit 187 and 188 tons per year, respectively, of fine particulate matter, or soot, which can pierce the lungs and lead to asthma attacks, heart attacks and premature death.

TransGas’ applications follow the DEP Division of Air Quality’s March 2024 approval of an air quality permit for an ammonia production site near Wharncliffe planned by the company, which applied for approval to build up to six 6,000-metric ton-per day ammonia plants on reclaimed surface mine land.

The process, according to DEP records, would be to “crack� natural gas into hydrogen and carbon components using proprietary autothermal reforming technology and to chill ammonia vapor to make liquid ammonia for storage and transport.

TransGas has announced plans to capture and store carbon dioxide underground as part of the production process in what it has called its “Adams Fork� project — a label also used for its proposed data center operations.

Potential reasons to brace for impact

Local government and community advocates voiced concerns over potential environmental impacts from data centers that HB 2014 is designed to usher in throughout the legislation’s advancement. HB 2014 has spurred fears of negative water availability effects. Large data centers can consume 3-5 million gallons of water per day — roughly 5%-8% of the total amount withdrawn for public water supply throughout West Virginia in 2023, according to DEP data.

´¡ÌýVirginia state legislative staff report to Gov. Glenn Youngkin and the state’s General Assembly in December found data centers’ increased energy demand there would likely increase system costs for all customers, including non-data center customers.

The report noted that residents near data centers complained about noise they generated and that most of the economic benefits from the state’s world-leading data center industry come from the construction phase rather than ongoing operations.