By: Lydia Crawley, The Parsons Advocate
The WV Chapter of the Sierra Club, Tucker United and WV Highlands have jointly filed a Notice of Appeal to the WV Department of Environmental Protection over Fundamental Data LLC’s Ridgeline Project Air Quality Permit. A notice of appeal was received by the Air Quality Board on September 12th. An Evidentiary Hearing is scheduled for November 5th.
“We’re taking the next step in this fight because we believe the WV-DEP wrongfully hid critical information about this facility and incorrectly classified the gas- and diesel-fired power plant as a synthetic minor source of emissions instead of a major source,” said Nikki Forrester of the citizens group, Tucker United.
The Notice of Appeal seeks that the Board disprove the issuance the West Virginia Air Pollution Control Act Permit issued August 15th.
One basis for the disapproval is argued in the appeal notice as the lack of transparency shown by the heavy redactions, which makes fact checking and verification difficult.
Another basis listed is, “information and belief, the use of different assumptions or inputs into projected emission calculations would have increased total projected emissions above that which would have allowed the Ridgeline Facility to be permitted as a minor source.” The documents also state that there is belief that no other state has permitted a facility of its kind with as high a heat intput as a minor source, synthetic or otherwise, the organizations allege.
“The proposed power plant would be one of the largest in West Virginia, yet WV-DEP wrongly called it a “minor source,” said Jim Kotcon, Chair of the WV Chapter of Sierra Club. “That means it can avoid more stringent rules that would otherwise be required for such a large pollution source. And Canaan Valley is one of the most beautiful, yet most vulnerable, locations in West Virginia. We are concerned that emissions from the power plant would be trapped in the Valley, exacerbating the pollution impact to residents and the environment.”
The documents also state that the project was not required to do any modeling, the organizations allege.
“The West Virginia Highlands Conservancy strongly objects to the issuance of this permit for all the reasons listed here,” said Marilyn Schoenfeld, President of the WV Highlands Conservancy. “We want to preserve the air quality of Tucker County. We believe that this facility does not qualify as a synthetic minor source, and instead needs to be evaluated as a major source facility. This appeal is one of many steps that will be taken to push back on this poorly conceived project that will bring questionable benefits to the residents of the area.”
The specific objections stated include that the DEP inappropriately concluded the following: that redacted information was properly withheld as confidential business information and/or trade secrets; information redacted did not fit the definition of “Types and amounts of air pollutants discharged”; violated code in determining that the application was complete and issuing a draft permit and failing to consider fugitive emissions from sources such as delivery trucks when considering the project as a minor source, among others.
The matter is scheduled for an Evidentiary Hearing on November 5th at 8:30 a.m.
“Tucker County residents deserve to know how the pollutants emitted from this massive power plant are going to directly impact our lives and health,” said Forrester of Tucker United. “We deserve to have a facility to be properly classified and subject to the environmental regulations that are designed to keep us safe. We ask that the Air Quality Board live up to its mission of keeping West Virginia’s water, air, land, and people healthy.”
