Tucker County data center case tests WVDEP’s transparency on air pollution permit

Data center development in West Virginia faces transparency issues as citizen groups challenge a proposed project in Tucker County. The West Virginia Department of Environmental Protection (WVDEP) allowed the company, Fundamental Data, LLC, to keep portions of its air pollution permit application confidential, citing trade secrets. Citizen groups argue this makes it impossible to review the emissions calculations. The West Virginia Air Quality Board is considering the citizens' request for access to the confidential information, as well as their challenge to the WVDEP's "minor" pollution source designation for the project. As data centers are proposed across the state, communities are frustrated by the lack of transparency and their limited ability to voice concerns, following a recent state law that restricted local control over such projects.