SB 88
Relating to community air monitoring programs
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes community air monitoring programs in West Virginia and outlines how data collected through these programs will be used. It defines community air monitoring programs, specifies that certain data collection methods must be scientifically validated, and importantly, restricts how the collected data can be used by the Department of Environmental Protection and other parties. Specifically, the data cannot be used to directly regulate pollutants under the Clean Air Act or to enforce penalties against sources of emissions.
Key provisions
- Defines ‘community air monitoring data programs’ and excludes certain types of monitoring systems.
- Prohibits the Department of Environmental Protection from using community air monitoring data for state implementation plans under the Clean Air Act.
- Restricts the use of community air monitoring data for regulatory enforcement actions against stationary sources.
- Requires the Department of Environmental Protection to ensure monitoring equipment and methods are scientifically validated.
- Establishes a process for reviewing and evaluating community air monitoring data submitted in support of investigations.
- Prohibits the use of community air monitoring data to issue fines or penalties.
- Limits the use of data in permit applications or enforcement proceedings.
- Allows any person to request an investigation of potential violations using community air monitoring data.
Who is affected
- West Virginia Department of Environmental Protection
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