HB 5018 — To provide for oversight and authority governing community air monitoring programs.

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5018 By Delegates Anderson, Zatezalo, Street, Barnhart, Fehrenbacher, Kelly, Riley, Heckert, Hott, Horst and Foggin [Introduced[Originating Januaryin 23,the 2024;Committee on Energy and Manufacturing;

ReferredReported to the Committee on EnergyJanuary and30, Manufacturing]2024] IntrCS for HB 2024R29895018 A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-21, relatedrelating to providing for Department of Environmental Protection regulatory oversight and authority governing community air monitoring programs to ensure proper standards for data collection and evaluation through use of accurate scientific methods inare orderused; to help citizens protect State communities from air pollution;

providing definitions;definitions, including defining community air monitoring programs with exceptions;

andproviding limitingfor circumstances when the useDepartment of saidEnvironmental dataProtection bymay use the Department.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 third-party lawsuit or proceeding against the operator of a stationary source;

and providing for rulemaking authority.

(b) The Secretary may consider community air monitoring data where the monitor is installed, operated, and maintained in accordance with the manufacturer's guidance or requirements and with all applicable United States Environmental Protection Agency standards or state quality control guidance and rules, if promulgated, with generated samples managed and analyzed1 byCS labsfor HB 5018 analyzed in accordance with minimum quality assurance criteria, to inform whether additional investigation may be necessary to protect communities that may be significantly affected by criteria or other air pollutants, if sufficient evidence is included with the data to support that the data was collected consistent with this provision.

§ 7410 Intr HB 2024R2989 and 7619.

(g) Data produced from community air monitoring programs shallmay not be used as evidence by the Secretary or by any person for purposes of, or in support of:

(1) Issuing a fine, penalty, or notice of violation against any person, including the owner or operator of a stationary source;

or (2) Bringing an administrative, regulatory, or judicial enforcement action, or third-party lawsuit or proceeding against any person, including the owner or operator of a stationary source.

The purpose of this bill is to provide for DEP oversight and authority governing community air monitoring programs to ensure proper standards for data collection and evaluation through accurate scientific methods.