This bill proposes the addition of a new section, 22-5-21, to the Code of West Virginia, 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 stationary sources under permit requirements. The bill outlines that data collected from these community programs cannot be used for regulatory purposes under the Clean Air Act, including for issuing fines, penalties, or notices of violation against operators of stationary sources, nor can it be used as evidence in enforcement actions or for permitting decisions.

Furthermore, the bill mandates that the Secretary of the Department of Environmental Protection must consider specific criteria when evaluating community air monitoring data if it is presented in support of a violation investigation request. This includes ensuring that the monitoring equipment is properly maintained and operated, and that the data is scientifically validated. The Secretary is also granted the authority to promulgate rules for the operation of these community air monitoring programs, ensuring accuracy and reliability in data collection and evaluation. Importantly, the bill clarifies that it does not grant any rights of entry or access to private property for monitoring purposes.

Statutes affected:
Introduced Version: 22-5-21