ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 273
(Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer, original sponsors)
__________
[Passed March 13, 2010; in effect from passage.]
__________
AN ACT to amend and reenact article 3, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Environmental Protection; 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 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 solid waste management;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the covered
electronic devices takeback program
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to hazardous waste management
systems;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
ambient air quality standards;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to permits for 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 standards of performance for new stationary
sources
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
permits for 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
control of air pollution from hazardous waste treatment,
storage and disposal facilities;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to acid rain provisions and permits;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to emission standards for hazardous
air pollutants
;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
National Pollutant Discharge Elimination System (NPDES)
Program
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
requirements governing groundwater standards;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to water pollution control permit
fee schedules;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
WV/NPDES rules for coal mining facilities;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to monitoring wells;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to monitoring well design standards; and authorizing the Department of Environmental Protection to
promulgate a
legislative rule relating to oil and- gas wells
and other wells.
Be it enacted by the Legislature of West Virginia:
That article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a)
The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section five, article
fifteen, 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 December 11, 2009, relating to the Department of
Environmental Protection (Solid Waste Management, 33 CSR 1), is
authorized.
(b)
The legislative rule filed in the State Register on April
9, 2009, authorized under the authority of section twenty-nine,
article fifteen-a, chapter twenty-two of this code, relating to the
Department of Environmental Protection (Covered Electronic Devices
Takeback Program, 33 CSR 11), is authorized.
(c)
The legislative rule filed in the State Register on July 30, 2009, authorized 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 December 14, 2009, relating to the Department of
Environmental Protection (Hazardous Waste Management Systems, 33
CSR 20), is authorized.
(d)
The legislative rule filed in the State Register on July
28, 2009, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (Ambient Air Quality Standards, 45 CSR
8), is authorized.
(e) The legislative rule filed in the State Register on July
28, 2009, authorized under the authority of section four, article
five, 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 December 14, 2009, 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.
(f) The legislative rule filed in the State Register on July
28, 2009, authorized 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.
(g) The legislative rule filed in the State Register on July
28, 2009, authorized 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 Which
Cause or Contribute to Nonattainment, 45 CSR 19), is authorized.
(h) The legislative rule filed in the State Register on July
28, 2009, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (Control of Air Pollution from
Hazardous Waste Treatment, Storage or Disposal Facilities, 45 CSR
25), is authorized.
(i) The legislative rule filed in the State Register on July
28, 2009, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (Acid Rain Provisions and Permits, 45
CSR 33), is authorized.
(j) The legislative rule filed in the State Register on July
28, 2009, authorized 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, 45 CSR 34), is authorized.
(k) The legislative rule filed in the State Register on July
30, 2009, authorized 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 September 17, 2009, relating to the Department of
Environmental Protection (National Pollutant Discharge Elimination
System (NPDES) Program, 47 CSR 10), is authorized.
(l) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section four, article
twelve, 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 September 18, 2009, relating to the Department of
Environmental Protection (Requirements Governing Ground Water
Standards, 47 CSR 12), is authorized with the following amendment:
On pages three through five by striking out all of Appendix A
and inserting in lieu thereof a new Appendix A to read as follows:
APPENDIX A
Organic Compounds
Constituent
|
Limit (mg/L)
(except where noted)
|
Alachlor
|
0.002
|
Aldicarb
|
0.003
|
Aldicarb sulfone
|
0.002
|
Aldicarb sulfoxide
|
0.004
|
Atrazine
|
0.003
|
Benzene
|
0.005
|
Benzo (a) pyrene (PAH)
|
0.0002
|
Bromodichloromethane (THM)
1
|
0.08
|
Bromoform (THM)
1
|
0.08
|
Carbofuran
|
0.04
|
Carbon tetrachloride
|
0.005
|
Chlordane
|
0.002
|
Chloroform (THM)
1
|
0.08
|
2, 4-D
|
0.07
|
Dalapon
|
0.2
|
Di(2-ethylhexyl)adipate
|
0.4
|
Di(2-ethylhexyl)phthalate
|
0.006
|
Dibromochloromethane (THM)
1
|
0.08
|
Dibromochloropropane (DBCP)
|
0.0002
|
Dichloroacetic acid
|
0.06
|
Dichlorobenzene p-
|
0.075
|
Dichlorobenzene o-
|
0.6
|
Dichlorobenzene m-
|
0.6
|
Dichloroethane (1, 2)
|
0.005
|
Dichloroethylene (1, 1-)
|
0.007
|
Dichloroethylene (cis-1, 2-)
|
0.07
|
Dichloroethylene (trans-1, 2-)
|
0.1
|
Dichloromethane
|
0.005
|
Dichloropropane (1, 2-)
|
0.005
|
Dinoseb
|
0.007
|
Diquat
|
0.02
|
Endothall
|
0.1
|
Endrin
|
0.002
|
Ethylbenzene
|
0.7
|
Ethylene dibromide (EDB
|
0.00005
|
Glyphosate
|
0.7
|
Heptachlor
|
0.0004
|
Heptachlor epoxide
|
0.0002
|
Hexachlorobenzene
|
0.001
|
Hexachlorocyclopentadiene
|
0.05
|
Lindane
|
0.0002
|
Methoxychlor
|
0.04
|
Monochloroacetic acid
2
|
0.06
|
Monochlorobenzene
|
0.1
|
Oxamyl (Vydate)
|
0.2
|
Pentachlorophenol
|
0.001
|
Picloram
|
0.5
|
Polychlorinated biphenyls
|
0.0005
|
Simazine
|
0.004
|
Styrene
|
0.1
|
2, 3, 7, 8-TCDD (Dioxin)
|
0.00000003
|
Tetrachlorethylene
|
0.005
|
Toluene
|
1.0
|
Toxaphene
|
0.003
|
2, 4, 5-TP (Silvex)
|
0.05
|
Trichloroacetic acid
2
|
0.06
|
Trichlorobenzene (1, 2, 4-)
|
0.07
|
Trichloroethane (1, 1, 1-)
|
0.2
|
Trichloroethane (1, 1, 2-)
|
0.005
|
Trichloroethylene
|
0.005
|
Vinyl Chloride
|
0.002
|
Xylenes (Total)
|
10
|
Inorganic Compounds
Constituent
|
Limit (mg/L)
(except where noted)
|
Arsenic
|
0.01
|
Asbestos
|
7 MFL
3
|
Barium
|
2.0
|
Beryllium
|
0.004
|
Bromate
|
0.01
|
Cadmium
|
0.005
|
Chloramine
|
4.0
|
Chlorine
|
4.0
|
Chlorine dioxide
|
0.8
|
Chlorite
|
1.0
|
Chromium (Total)
|
0.1
|
Copper
|
1.3
|
Cyanide
|
0.2
|
Fluoride
|
4.0
|
Lead
|
0.015
|
Mercury (Inorganic)
|
0.002
|
Nitrate (as N)
|
10
|
Nitrite (as N)
|
1.0
|
Total Nitrate and Nitrite (both as N)
|
10
|
Selenium
|
0.05
|
Thallium
|
0.002
|
Radionuclides
Beta particle and photon activity
|
4 mrem
4
|
Gross alpha particle activity
|
15 pCi/L
5
|
Combined Radium 226 and 228
|
5 pCi/L
|
Radon
|
300 pCi/L
|
Uranium
|
30 ,g/L
6
|
1-The total of the trihalomethanes (THM) is 0.08 mg/L
2-The total of the haloacetic acids is 0.06 mg/L
3 - MFL = million fibers per liter
4 - mrem = millirem (rem = roentgen - equivalent - man)
5 - pCi = picocurie
6 - ug/L = microgram per liter
(m) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section ten, 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 September 17, 2009, relating to the Department of
Environmental Protection (Water Pollution Control Permit Fee
Schedules, 47 CSR 26), is authorized.
(n) The legislative rule filed in the State Register on July
31, 2009, authorized 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 September 17, 2009, relating to the Department of
Environmental Protection (WV/NPDES Rules for Coal Mining Facilities,
47 CSR 30), is authorized with the following amendments:
On page ten, subparagraph 4.5.a.6.L., by striking out the words
"Licensed Land" and inserting in lieu there of the word
"Professional";
And,
On page fourteen, part 4.5.d.1.A.11., by striking out the words
"Licensed Land" and inserting in lieu there of the word
"Professional".
(o) The legislative rule filed in the State Register on July
27, 2009, authorized under the authority of section five, article
twelve, 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 December 16, 2009, relating to the Department of
Environmental Protection (Monitoring Wells, 47 CSR 59), is
authorized.
(p) The legislative rule filed in the State Register on July
27, 2009, authorized under the authority of section five, article
twelve, 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 December 16, 2009, relating to the Department of
Environmental Protection (Monitoring Well Design Standards, 47 CSR
60), is authorized
with the following amendment:
On page seventeen, subdivision 19.3.a., after the words "eighty
percent (80%)" by inserting the word "silica".
(q) The legislative rule filed in the state register on the
twenty-first day of April, two thousand nine, authorized under the
authority of section two, article six, 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 fifteenth day of January, two
thousand ten, relating to the Department of Environmental Protection
(oil and gas wells and other wells, 35 CSR 4), is authorized with
the following amendment:
On page twenty-five, subdivision 16.4.d., by striking out the words "authorized by the Office, based on soil analysis from the
operator, to be suitable to prevent seepage or leakage" and
inserting in lieu thereof the words "deemed to be suitable to
prevent seepage or leakage based on soil analysis from the operator
and standards developed and certified by a registered professional
engineer and approved by the Office. Before deeming pits suitable
to prevent seepage or leakage without a synthetic liner, the chief
shall notify the surface owner that the surface owner is entitled
to receive notice of the application for the well work permit and
that the operator has requested that the pit be deemed suitable to
prevent seepage or leakage without a synthetic liner. If the
surface owner objects, the chief shall hold a hearing pursuant to
article five, chapter twenty-nine-A of the Code of West Virginia
before determining that the pit is suitable to prevent seepage or
leakage.