Speakers at a public hearing were divided about the potential consequences of a bill that would define standards for community programs to monitor and analyze information about air quality. Most speakers were critical of the bill.
The bill sets standards for community air monitoring installation, operation and maintenance. Advocates say the information needs to be standard to be considered reliable.
Aspects of H. B. 5018 drew criticism for the limits that would be placed on how that air quality information is used.
Although the bill says the secretary of West Virginia’s environmental agency may consider air monitoring data gathered under specific standards to determine whether further investigation is necessary to protect communities, the legislation goes on to say the secretary may not use only the original community data to issue a fine or notice of violation.
And, under the bill, community air monitoring data may not be used to bring legal actions, including a lawsuit, against anyone including the owner or operator of whatever could be reducing the air quality.
The bill could hamstring regulators who could gain valuable information from community monitoring programs, said Quenton King, a Charleston resident who works for the environmental nonprofit Appalachian Voices. He said the organization is working on a project funded through a grant funded by the Environmental Protection Agency to collect data.
“It is crucial that the appropriate personnel within the DEP should be able to evaluate any information made available to them by any party. Rather than allow them to do that job to the best of their ability, this bill would possibly blind them from data that could help flag public health risks,” King said.
Lucia Valentine of the West Virginia Environmental Council said the bill would undercut the ability of community members to actively contribute to the improvement of conditions where they live.
“Community air monitoring enhances our understanding of local air quality by filling gaps in existing state and federal monitoring systems,” Valentine said. “This kind of engagement leads to informed decision-making and advocacy for improved air quality regulations.
“Please reject House Bill 5018 to preserve the crucial role community monitoring plays in the safeguarding of our environment.”
Industry groups said the bill as written clarifies the work of community monitoring efforts and how data and information from these efforts may be used. But they support limits on how the raw data may be used for regulators to take action or to be used to bring legal cases.
“We do not support any provisions that would call for such community monitoring information to be used directly in any enforcement activity and legal actions,” said Daniel Hall, representing the Oil and Gas Association of West Virginia.
The West Virginia Manufacturers Association is in no way against environmental monitoring but does not believe environmental groups should play a direct role in regulation, said Bill Bissett, president of the association.
“Our concern is that the information and data gathered through community monitoring be used correctly so that agencies can review this information and decide if an issue exists and needs to be investigated.”