Committee Substitute
House Bill 2723 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2723
(
By Delegates Mahan, Palumbo,
Cann, Pino, Armstead and Overington
)
(Originating in the Committee on the Judiciary)
[March 25, 2005]
A BILL
to amend and reenact article Three, chapter Sixty-four of
the code of West Virginia, 1931, as amended,
all relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the
procedures relating thereto; legislative mandate or
authorization for the promulgation of certain legislative
rules by various executive or administrative agencies of the
state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were
filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; authorizing certain of the
agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications presented to and recommended by the legislative
rule-making review committee and as amended by the
legislature;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
permits for the construction and major modification of major
stationary sources of air pollution for the prevention of
significant deterioration
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants
pursuant to 40 CFR Part 61
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to standards of performance for new stationary
sources
;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
permits for the construction and major modification of major
stationary sources of air pollution which cause or contribute
to nonattainment
;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
prevention and control of air pollution from hazardous waste
treatment, storage or disposal facilities
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to emission standards for hazardous
air pollutants for source categories pursuant to 40 CFR Part
63;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia
surface mining reclamation
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to underground storage tank fee assessments
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
blasting
;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
hazardous waste management
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the national pollutant discharge elimination
system(NPDES)program
;
and
authorizing the Environmental
Quality Board to promulgate a legislative rule relating to
requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That article Three, chapter Sixty-four of the code of West
Virginia, 1931, as amended, be amended and reenacted all to read as
follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE
LEGISLATIVE RULES.
§64-3-1. Division of Environmental Protection.
(a) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (permits for
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration, 45
CSR 14), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code,
relating to the Department of Environmental Protection (emission
standards for hazardous air pollutants pursuant to 40 CFR Part 61,
45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code,
relating to the Department of Environmental Protection (standards
of performance for new stationary sources, 45 CSR 16), is
authorized.
(d) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code,
relating to the Department of Environmental Protection (permits for
the construction and major modification of major stationary sources
of air pollution which cause or contribute to nonattainment, 45 CSR
19), is authorized.
(e) The legislative rule filed in the state register on the twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code,
relating to the Department of Environmental Protection (to prevent
and control air pollution from hazardous waste treatment, storage
or disposal facilities, 45 CSR 25), is authorized.
(f) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section four, article five, chapter twenty-two, of this code,
relating to the Department of Environmental Protection (emission
standards for hazardous air pollutants for source categories
pursuant to 40 CFR Part 63, 45 CSR 34), is authorized.
(g) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section four, article three-a, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(West Virginia surface mining reclamation, 38 CSR 2), is
authorized.
(h) The legislative rule filed in the state register on the
fifteenth day of June, two thousand four, under the authority of
section twenty, article seventeen, chapter twenty-two, of this
code, relating to the Department of Environmental Protection
(underground storage tank fee assessments, 33 CSR 31), is
authorized.
(i) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand four, under the
authority of section four, article three-a, chapter twenty-two, of
this code, modified by the Department of Environmental Protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the tenth day of
December, two thousand four, relating to the Department of
Environmental Protection (surface mining blasting, 199 CSR 1), is
authorized.
(j) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section six, article eighteen, chapter twenty-two, of
this code, modified by the Department of Environmental Protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-ninth day
of December, two thousand four, relating to the Department of
Environmental Protection (hazardous waste management, 33 CSR 20),
is authorized.
(k) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section four, article eleven, chapter twenty-two, of
this code, modified by the Department of Environmental Protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day of
February, two thousand five, relating to the Department of Environmental Protection (national pollutant discharge elimination
system(NPDES) Program, 47 CSR 10), is authorized.
§64-3-2. Environmental Quality Board.
The legislative rule filed in the state register on the
twenty-ninth day of September, two thousand four, under the
authority of section four, article three, chapter twenty-two-b, of
this code, modified by the Environmental Quality Board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of February, two
thousand five, relating to the Environmental Quality Board
(requirements governing water quality standards, 46 CSR 1), is
authorized with the following amendment:
"On page six of the rule by deleting subsection 4.1.c.2. in
its entirety."
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