Environment (Air Quality) in West Virginia

signed · West Virginia · Senate Jun 25, 2026

SB 256: Authorizing DEP to promulgate legislative rules

This bill authorizes the West Virginia Department of Environmental Protection to officially adopt and enforce a series of legislative rules covering air quality, water quality, and hazardous waste management. It specifically validates rules related to emissions from industrial sources, startup and shutdown operations, cross-state pollution controls, and carbon dioxide sequestration fees. The legislation also includes minor amendments to two existing rules, adjusting a water quality standard timeline and clarifying fee assessment procedures for carbon sequestration. These rules will apply to businesses and facilities regulated by the state environmental agency.

Topics ✓ Environment

Sub-Topics Air Quality Hazardous Materials Waste Management

in committee · West Virginia · House of Delegates Feb 2, 2026

HB 5039: Fueling Modern Life

HB 5039, titled "Fueling Modern Life," repeals all existing West Virginia air pollution control statutes (§22-5-1 through §22-5-20) and replaces them with a new policy declaring carbon dioxide (CO₂) a "foundational nutrient" necessary for life, not a pollutant. The bill mandates that West Virginia will not treat CO₂ as a pollutant, reject "net-zero" emission targets, and actively support carbon-based fuels like coal, oil, and natural gas. This directly affects all entities regulated under air pollution laws, including power plants and industrial facilities, by eliminating CO₂ emission requirements. The legislation shifts state policy to prioritize fossil fuel use for economic development while asserting CO₂ levels are beneficial and historically low.

Topics ✗ Energy ✗ Environment

Sub-Topics Coal Oil & Gas Air Quality

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4211: Relating to authorizing the Department of Environmental Protection to promulgate a promulgate a legislative rule relating to cross-state air pollution to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions.

HB 4211 authorizes West Virginia's Department of Environmental Protection (DEP) to implement existing rules controlling cross-state air pollution. It specifically targets annual emissions of nitrogen oxides, sulfur dioxide, and nitrogen oxides during ozone season, which directly affects power plants, industrial facilities, and other major polluters within the state. The bill formalizes the DEP's authority under existing law to enforce these emission limits as outlined in the previously filed "45 CSR 43" rule. This creates a clear regulatory framework for managing pollution that crosses state lines, without establishing new emission caps.

Topics ✓ Environment

Sub-Topics Air Quality

in committee · West Virginia · Senate Jan 14, 2026

SB 88: Relating to community air monitoring programs

Senate Bill 88 defines community air monitoring programs as systems run by community groups (not government agencies or polluters) to collect air quality data. It prohibits the West Virginia Department of Environmental Protection from using this data for fines, enforcement actions, permit decisions, or regulatory rulemaking under the Clean Air Act. The bill requires that any data offered for investigation must meet scientific standards, including proper equipment calibration and documentation. It ensures community-collected air quality data cannot directly impact regulatory actions against polluting facilities.

Topics ✗ Environment

Sub-Topics Air Quality

in committee · West Virginia · Senate Jan 29, 2026

SB 259: DEP rule relating to control of air pollution from combustion of solid waste

This bill (SB 259) authorizes West Virginia's Department of Environmental Protection (DEP) to implement an existing rule (45 CSR 18) that controls air pollution from solid waste combustion facilities. It does not create new pollution standards but formally approves a rule the DEP previously proposed and filed in the State Register on July 23, 2025. The rule directly affects waste combustion facilities regulated under this standard, requiring them to comply with established air pollution controls. The bill is procedural, merely granting legal authority for the DEP to enforce the pre-existing rule without altering its requirements.

Topics ✓ Environment

Sub-Topics Air Quality Waste Management

in committee · West Virginia · House of Delegates Jan 14, 2026

HJR 16: Natural Resources and the Public Estate Amendment

HJR 16 proposes adding Section 23 to West Virginia's Constitution, establishing a fundamental right to a clean and healthy environment - including pure water, clean air, healthy soils, a safe climate, and preserved natural resources. It designates the state as a trustee responsible for conserving, protecting, and maintaining these resources for all current and future residents, including children. The amendment would be self-executing (enforceable without additional laws) and requires voter approval at the 2026 general election. It directly affects all West Virginians by embedding environmental protections into the state's foundational law.

Topics ✓ Energy ✓ Environment

Sub-Topics Air Quality Conservation

in committee · West Virginia · Senate Jan 14, 2026

SB 229: Establishing Fueling Modern Life Act

SB 229, the "Fueling Modern Life Act," declares carbon dioxide a necessary nutrient for life and prohibits West Virginia from treating it as a pollutant or setting reduction targets (including "net-zero" goals). The bill repeals existing air pollution regulations that would have required permits or restrictions on carbon dioxide emissions. This directly affects state environmental agencies, requiring them to stop enforcing emission limits and instead support carbon-based fuels like coal, oil, and natural gas for electricity and transportation. The law aims to remove regulatory barriers for fossil fuel use by redefining carbon dioxide's role in state policy.

Topics ✗ Energy ✗ Environment

Sub-Topics Coal Oil & Gas Air Quality

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4208: Relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste.

HB 4208 authorizes West Virginia's Department of Environmental Protection (DEP) to promulgate a specific legislative rule (45 CSR 18) governing air pollution control from solid waste combustion facilities. The bill directly affects waste combustion facilities operating in the state by requiring them to comply with future DEP regulations under this rule. It does not create new pollution standards itself but formally approves the DEP's authority to develop and implement these rules. This procedural bill enables the DEP to establish enforceable requirements for air emissions from waste-burning operations.

Topics ✓ Environment

Sub-Topics Air Quality Waste Management

in committee · West Virginia · House of Delegates Jan 15, 2026

HB 4383: West Virginia Clean Air in Schools Act of 2026

HB 4383, the West Virginia Clean Air in Schools Act of 2026, requires all K-12 schools in West Virginia to install air quality monitors measuring CO₂, PM2.5, VOCs, and humidity by 2029. The bill mandates phased implementation: monitors in all elementary classrooms by 2027, 50% of middle/high school classrooms by 2028 (prioritizing special education and high-risk areas), and full coverage by 2029. Schools must publicly display real-time air quality data via a state-maintained dashboard and submit corrective action plans if pollution exceeds health standards. This directly affects every county school district operating K-12 facilities across West Virginia.

Topics ✓ Education ✓ Environment ✓ Healthcare

Sub-Topics K-12 Education Special Education Student Health Air Quality

in committee · West Virginia · Senate Jan 29, 2026

SB 257: DEP rule relating to ambient air quality standards

SB 257 authorizes the West Virginia Department of Environmental Protection (DEP) to implement a rule (45 CSR 08) that establishes ambient air quality standards. This rule, filed on July 23, 2025, defines acceptable levels of air pollutants, directly affecting industries that emit pollution and communities by setting enforceable requirements for air quality. The bill does not change the standards themselves but formally authorizes the DEP to enforce the existing rule.

Topics ✓ Environment

Sub-Topics Air Quality

All environment bills