The bill introduced on February 24, 2025, aims to amend the Code of West Virginia by adding a new section, 22-5-21, which establishes regulatory oversight for community air monitoring programs. It defines these programs as systems and processes for collecting ambient air data, while explicitly excluding those operated by the Department of Environmental Protection, the U.S. Environmental Protection Agency, or any stationary sources under permit requirements. The bill outlines that data collected from these community monitoring programs cannot be used for regulatory purposes under the Clean Air Act, including for issuing fines, penalties, or notices of violation against operators of air emission sources.

Additionally, the bill provides a framework for the Department of Environmental Protection to evaluate the validity of community air monitoring data when investigating potential violations. It mandates that the Secretary of the Department may promulgate rules to ensure the scientific accuracy of the monitoring methods and data collection. Importantly, the bill emphasizes that community air monitoring data cannot be used to support enforcement actions, rule development, or permit issuance related to air emissions, thereby protecting operators from regulatory repercussions based on this data.

Statutes affected:
Introduced Version: 22-5-21