TransGas Development plans to begin construction in 2010. In March 2009, WV Department of Air Quality sided with Sierra Club that TransGas cannot withold information from the public in its air permit application. In December 2009, environmental groups opposing this proposal submitted comments to the WV DEP that this plant would be a significant/major pollutor in Mingo County. The state has so far determined that the TransGas CTL proposal would be a "minor" source of air pollution. If TransGas CTL were recognized only as a "minor" source of air pollution, TransGas Development Systems could avoid using Best Available Control Technology (BACT).