Bill > SB575

This bill establishes a framework for community air monitoring data programs in West Virginia, defining their scope and limitations. The bill specifies that these programs are measurement systems and tools for collecting ambient air data, but explicitly excludes monitoring conducted by government agencies or required by existing permits. The legislation restricts how such community-collected data can be used by state environmental authorities: data from monitoring criteria air pollutants cannot be used in state implementation plans, and data from monitoring other pollutants (including hazardous air pollutants) cannot be used for regulatory purposes under the Federal Clean Air Act. If someone submits community air monitoring data to request an investigation of a potential violation, the secretary must carefully evaluate the data's credibility by examining factors like equipment calibration, monitoring location, device accuracy, and operator information. The bill also allows the secretary to create rules to ensure the scientific validity of community monitoring programs, but explicitly states that these programs do not grant any right of entry to private property. Importantly, community air monitoring data cannot be used to issue fines, bring enforcement actions, develop rules, or make permitting decisions related to air emission sources.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=575&year=2025&sessiontype=RS&btype=bill