WEST virginia legislature

2025 regular session

Introduced

Senate Bill 575

By Senator Tarr

[Introduced on February 24, 2025; referred
 to the Committee on Government Organization]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §22-5-21, relating to providing for regulatory oversight and authority governing community air monitoring programs; ensuring proper standards for data collection and evaluation through use of accurate scientific methods are used; providing definitions, including defining community air monitoring programs with exceptions; providing for circumstances when the Department of Environmental Protection may use the collected data and for what purposes; limiting the use of said data by the department and other persons; providing that the data may not be used directly for regulating pollutants under the Clean Air Act; providing that the data may not be used to issue a fine, penalty, or notice of violation against the operator of a stationary source; providing that the data may not be used as evidence in an administrative, regulatory, judicial enforcement action or proceeding against the operator of a stationary source or as the basis for an permitting action; and providing for rule-making authority.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. Air Pollution Control.

§22-5-21. Community monitoring data programs; qualifying data; use of qualifying data.

(a) Community air monitoring data programs are measurement systems, testing equipment, tools, and processes used or developed for the purpose of collecting ambient air data: Provided, That community air monitoring data programs do not include such systems, testing equipment, tools, or processes that are used or operated by the secretary, the United States Environmental Protection Agency, or a stationary source, or that are required by a permit issued pursuant to this article.

(b) Data collected by community air monitoring data programs which conduct monitoring of criteria air pollutants shall not be used by the secretary for regulatory purposes in the state implementation plan under sections 110 and 319 of the Federal Clean Air Act, 42 U.S.C. § 7410 and 7619.

(c) Data collected by community air monitoring data programs which conduct monitoring of other air pollutants, including hazardous air pollutants, shall not be used by the Secretary for regulatory purposes implementing section 112 of the Federal Clean Air Act, 42 U.S.C. § 7412.

(d) Any person may request that the secretary investigate a potential violation of this article or a permit issued pursuant to this article. If community air monitoring data is offered in support of such a request, the secretary shall consider when evaluating such data all of the following: evidence that the monitoring equipment was installed, operated, and maintained, and that all samples were managed and analyzed, in accordance with the manufacturer's guidance and all applicable state and federal quality control guidance and rules; all results of monitoring generated by each device; type of monitoring device, including model number, on which the results were obtained; location of monitors when results were obtained, and how long at that location; the device's error range; dates and times results were recorded; device calibration history; name of the laboratory, if any, at which results were determined and reported; name(s) and identifying information of device operator(s); and any other information the secretary determines relevant and proper. Upon request, each device that generated the qualifying community air monitoring data shall be provided to the secretary for evaluation.   

(e) The secretary may promulgate rules for the operation of community air monitoring programs, to ensure that the parameters, equipment, and analytical methods used to obtain and evaluate the community air monitoring data are scientifically validated and accurate.

(f) Nothing in this section grants any right of entry or access to, or trespass upon, any property for the purpose of performing community air monitoring.

(g) Community air monitoring data may not be used or considered by the secretary for purposes of, or in support of:

(1) Issuing a fine, penalty, or notice of violation against the owner or operator of a source of air emissions;

(2) Bringing an administrative, regulatory, or judicial enforcement action against the owner or operator of a source of air emissions;

(3) Development of any rule; or

(4) Issuance or denial of a permit to any source of air emissions, or development of a condition of such a permit.

NOTE: The purpose of this bill is to institute community air monitoring programs, define the data collected, and describe how that data is used.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.