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House Bill 4163 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4163
(By Delegates Mahan, Wills, Cann,
Kominar, Faircloth and Riggs)
[Passed March 9, 2002; in effect from passage.]
AN ACT to amend and reenact article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, 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 department of environmental
protection to promulgate legislative rule relating to ambient
air quality standards for sulfur oxides and particulate
matter; authorizing department of environmental protection to
promulgate legislative rule relating to ambient air quality
standards for carbon monoxide and ozone; authorizing
department of environmental protection to promulgate
legislative rule relating to emission standards for hazardous
air pollutants; authorizing department of environmental
protection to promulgate legislative rule relating to standard
of performance for new stationary sources; authorizing
department of environmental protection to promulgate
legislative rule relating to prevention and control of air
pollution from hazardous waste treatment, storage or disposal
facilities; authorizing department of environmental protection
to promulgate legislative rule relating to acid rain
provisions and permits; authorizing department of
environmental protection to promulgate legislative rule
relating to nitrogen oxide budget trading program as means of
control and reduction of nitrogen oxides; authorizing
department of environmental protection to promulgate
legislative rule relating to prevention and control of emissions from commercial and industrial solid waste
incineration units; authorizing department of environmental
protection to promulgate legislative rule relating to nitrogen
oxide budget trading program as means of control and reduction
of nitrogen oxides from electric generating units; authorizing
department of environmental protection to promulgate
legislative rule relating to emission standards for hazardous
air pollutants for source categories; authorizing department
of environmental protection to promulgate legislative rule
relating to awarding West Virginia stream partners program
grants; authorizing department of environmental protection to
promulgate legislative rule relating to voluntary remediation
and redevelopment; authorizing department of environmental
protection to promulgate legislative rule relating to surface
mining and reclamation; authorizing department of
environmental protection to promulgate legislative rule
relating to coal-related dam safety; authorizing department of
environmental protection to promulgate legislative rule
relating to hazardous waste management; authorizing department
of environmental protection to promulgate legislative rule
relating to administrative proceedings and civil penalty
assessment; authorizing department of environmental protection
to promulgate legislative rule relating to state certification
of activities requiring federal licenses and permits; authorizing department of environmental protection to
promulgate legislative rule relating to underground injection
control; authorizing department of environmental protection to
promulgate legislative rule relating to groundwater protection
standards at Dominion "Generation" steam electric generation
facility at Mount Storm, West Virginia; authorizing department
of environmental protection to promulgate legislative rule
relating to WVNPDES rules for coal mining facilities;
authorizing environmental quality board to promulgate
legislative rule relating to requirements governing water
quality standards; authorizing environmental quality board to
promulgate legislative rule relating to requirements governing
groundwater standards; and authorizing solid waste management
board to promulgate legislative rule relating to disbursement
of grants to solid waste authorities.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO
PROMULGATE
LEGISLATIVE RULES.
§64-3-1. Department of environmental protection.
(a) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 for sulfur oxides and particulate
matter, 45 CSR 8), is authorized.
(b) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 for carbon monoxide and ozone, 45
CSR 9), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 pursuant to 40 CFR
Part 61, 45 CSR 15), is authorized.
(d) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 pursuant to 40
CFR Part 60, 45 CSR 16), is authorized.
(e) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized 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-seventh day of July, two thousand one, 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.
(g) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 the twenty-eighth day of
November, two thousand one, relating to the department of
environmental protection (NOx budget trading program as a means of
control and reduction of nitrogen oxides, 45 CSR 1), is authorized.
(h) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 the twenty-sixth day of December, two thousand one, relating to the department of
environmental protection (to prevent and control emissions from
commercial and industrial solid waste incineration units, 45 CSR
18), is authorized.
(i) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 the twenty-eighth day of
November, two thousand one, relating to the department of
environmental protection (NOx budget trading program as a means of
control and reduction of nitrogen oxides from electric generating
units, 45 CSR 26), is authorized with the following amendments:
On page sixteen, subsection 40.1, by striking out the words
"37,125 tons" and inserting in lieu thereof the words "the number
of NOx tons apportioned to electric generating units in the State
of West Virginia as set forth in paragraph (g)(2)(ii) of 40 CFR
§51.121, as amended from time to time,";
On page eighteen, subsection 42.2, in the first sentence,
after the words "a total number of NOx allowances equal to," by
striking out the remainder of the sentence and by inserting in lieu
thereof the words "95 percent of the portion of the state NOx
trading program budget under section 40, covering such units.";
On page eighteen, subdivision 42.2.b, by striking out
subdivision 42.2.b in its entirety and inserting in lieu thereof a
new subdivision 42.2.b to read as follows:
"42.2.b. If the initial total number of NOx allowances
allocated to all NOx Budget units under subsection 4.1. for an
ozone season under subdivision 42.2.a. does not equal 95 percent of
the portion of the state NOx trading program budget under section
40, covering such units, the Secretary will adjust the total number
of NOx allowances allocated to all such NOx Budget units for the
ozone season under subdivision 42.2.a. so that the total number of
NOx allowances allocated equals 95 percent of the portion of the
state NOx trading program budget under section 40, covering such
units. This adjustment will be made by multiplying each unit's
allocation by 95 percent of the portion of the state NOx trading
program budget under section 40, covering such units; dividing by
the total number of NOx allowances allocated under subdivision
42.2.a. for the ozone season; and rounding to the nearest whole
number of NOx allowances as appropriate."
On page eighteen, subdivision 42.4.a, by striking out the
number "5,833" and inserting in lieu thereof the words "5 percent
of the";
And,
On page twenty, subsection 42.6, in the definition of the term
"State NOx trading program budget excluding allocation set-aside," by striking out the words "less the allocation set-aside set forth
in subdivision 42.4.a" and inserting in lieu thereof the words
"multiplied by 95 percent,".
(j) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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 the twenty-sixth day of
December, two thousand one, 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.
(k) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of section four, article thirteen, chapter twenty of this
code, relating to the department of environmental protection
(awarding of the West Virginia stream partners program grant, 60
CSR 4), is authorized.
(l) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, authorized under the
authority of section three, article twenty-two, 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-
first day of November, two thousand one, relating to the department
of environmental protection (voluntary remediation and
redevelopment, 60 CSR 3), is authorized with the following
amendment:
On page forty-six, section 9.2.a. after the words "to the
satisfaction of the" by striking out the word "director" and
inserting in lieu thereof the word "secretary".
(m) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of sections four and twelve, article three, 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 January, two thousand two, relating to the
department of environmental protection (surface mining and
reclamation rule, 38 CSR 2), is authorized
with the following
amendments:
On page one hundred sixty-nine, at the beginning of the second
paragraph of subdivision 14.15.a. by designating the second
paragraph as 14.15.a.1. and the third paragraph as 14.15.a.2.;
On page one hundred sixty-nine, newly designated paragraph
14.15.a.2., by striking out the word "Incorporate" and by inserting
in lieu thereof "All permit applications shall incorporate";
On page one hundred seventy, paragraph 14.15.b.5. at the end
of the paragraph by adding the following: "Regardless of the
allowable limits contained in this section, any disturbed area
other than those specified in subdivision 14.15.c. of this rule
must complete backfilling and rough grading within 180 days of
final mineral removal.";
On page one hundred seventy, at the end of subparagraph
14.15.b.6.A. by adding the following: "Where operations
contemplated under this section are approved with incidental
contour mining, which may include augering or highwall mining, the
acreage must be calculated in the allowable disturbance authorized
in this paragraph. The incidental contour pit length cannot exceed
3000 feet and backfilling/grading shall follow mineral removal
within 180 days. Regardless of the allowable limits contained in
section fourteen of this rule, any disturbed area other than those
specified in subdivision 14.15.c. of this rule must complete
backfilling and rough grading within 180 days of final mineral
removal. Operations required to comply with AOC+ guidelines or
approved specific post-mining land use requirements must complete
backfilling and rough grading within 270 days of final mineral
removal unless a waiver is otherwise granted by the Secretary
pursuant to this section.";
On page one hundred seventy-one, by striking out part
14.15.b.6.B.1. in its entirety and inserting in lieu thereof a new part 14.15.b.6.B.1. to read as follows:
"14.15.b.6.B.1. Pre-stripping or benching operations cannot
exceed four hundred (400) acres for any single permit and cannot
precede dragline operations more than twenty-four (24) months
unless otherwise approved by the Secretary or necessary to satisfy
AOC+ requirements, specific post-mining land use requirements or
special materials handling facilities requirements. All fill
construction must occur during this phase of operation and be
conducted in accordance with subdivision 14.15.d. of this rule.";
On page one hundred seventy-one, at the end of subparagraph
14.15.c.1. by adding the following: "Provided, That with the
exception of permanent haulroads, drainage control systems and
material handling facilities (including but are not limited to such
facilities as preparation plants, fixed coal stockpiles/transfer
areas and commercial forestry topsoil areas) the total acreage of
all other semi-permanent ancillary facilities cannot exceed ten
percent of the total permit acreage.";
On page one hundred seventy-one, at the end of paragraph
14.15.c.3. by adding the words: "The Secretary may consider larger
acreage for clearing operations where it can be demonstrated that
it is necessary to comply with applicable National Environmental
Policy Act requirements.";
On page one hundred seventy-one, by striking out subdivision
14.15.d. in its entirety and inserting in lieu thereof a new subdivision 14.15.d. to read as follows:
"14.15.d. Excess Spoil Disposal Fills. All fills must be
constructed contemporaneously and contiguously with that segment of
the operation that contains the material that is designated to be
placed in the fill. In addition to all other standards in effect,
the following shall apply to excess spoil disposal fills.";
On pages one hundred seventy-one and one hundred seventy-two,
by striking out the second paragraph of subdivision 14.15.d. in its
entirety and inserting in lieu thereof a newly designated paragraph
14.15.d.1. to read as follows:
"14.15.d.1. All fills must be planned for continuous material
placement until designed capacity is reached and cannot have a
period of inactivity that exceeds 180 days unless otherwise
approved by the secretary on a permit specific basis to accommodate
AOC+, post-mining land use or special material handling
situations.";
On page one hundred seventy-two, by striking out the third
paragraph of subdivision 14.15.d. in its entirety and inserting in
lieu thereof a newly designated paragraph 14.15.d.2. to read as
follows:
"14.15.d.2. The areas where contour mining is proposed within
the confines of the fill are not eligible for the exemption
contained in 14.15.c.2.";
On page one hundred seventy-two, by striking out the fourth paragraph of subdivision 14.15.d. in its entirety and inserting in
lieu thereof a newly designated paragraph 14.15.d.3. to read as
follows:
"14.15.d.3. Operations that propose fills that are designed
to use single lift top-down construction shall bond the proposed
fill areas based upon the maximum amount per acre specified in WV
Code §22-3-12(c)(1).";
On page one hundred seventy-two by inserting a newly
designated subdivision 14.15.e. to read as follows:
"14.15.e. Applicability. Permit applications pending
approval on the first day of January, two thousand three, shall
within 120 days of permit approval have a mining and reclamation
plan which is consistent with the criteria set forth in this
subdivision. Permit applications which are submitted after the
first day of January, two thousand three, shall not be issued a
permit without a mining and reclamation plan which is consistent
with the criteria set forth in this subdivision.";
On page one hundred seventy-one and one hundred seventy-two,
by inserting a newly designated paragraph 14.15.e.1. to read as
follows:
"14.15.e.1. After the first day of January, two thousand
three, the mining and reclamation plan for all active mining
operations must be consistent with the applicable time criteria set
forth in this paragraph. Where permit revisions are necessary to satisfy this requirement, the revisions shall be prepared and
submitted to the Secretary for approval within 180 days. Full
compliance with the revised mining and reclamation plan shall be
accomplished within twelve (12) months from the date of the
Secretary's approval.";
On page one hundred seventy-two, by inserting a newly
designated paragraph 14.15.e.2. to read as follows:
"14.15.e.2. After the first day of January, two thousand
three, the mining and reclamation plan for mining operations which
have approved inactive status or when permits have been issued but
the operation has not started must be consistent with the
applicable time criteria of this paragraph. Where permit revisions
are necessary to satisfy this requirement, the revisions shall be
prepared and submitted to the Secretary for approval within 180
days. Full compliance with the revised mining and reclamation plan
shall be accomplished within twelve (12) months from the date of
the Secretary's approval.";
On page one hundred seventy-two, by inserting a newly
designated paragraph 14.15.e.3. to read as follows:
"14.15.e.3. The Secretary may consider contemporaneous
reclamation plans on multiple permitted areas with contiguous areas
of disturbance to ensure that contemporaneous reclamation is
practiced on a total operational basis. In order to establish a
method of orderly transition between operations, plans submitted on multiple permitted areas cannot add allowable disturbed areas in
such a manner as to result in increased disturbed areas on a single
operation unless a variance is obtained pursuant to subdivision
14.15.g.";
And by renumbering the remainder of the section;
On page one hundred seventy-two, by striking out current
subdivision 14.15.f. in its entirety and by inserting a newly
designated subdivision 14.15.g. in lieu thereof to read as follows:
"14.15.g. Variance - Permit Applications. The Secretary may
grant approval of a mining and reclamation plan for a permit which
seeks a variance to one or more of the standards set forth in this
subsection, if on the basis of site specific conditions and sound
scientific and/or engineering data, the applicant can demonstrate
that compliance with one or more of these standards is not
technologically or economically feasible. The Secretary shall make
written findings in accordance with the applicable provisions of
section 3.32 of this rule when granting or denying a request for
variance under this section.";
And by renumbering the remainder of this section;
On page one hundred seventy-two, newly designated paragraph
14.15.g.2., after the word "infeasible", by adding a comma and the
words "including a discussion and feasibility analysis of
alternatives that were considered.";
On page one hundred seventy-two, newly designated subdivision 14.15.h., after the word "subdivision", by striking out "14.15.f."
and inserting in lieu thereof "14.15.g.";
And,
On page one hundred seventy-two, by striking out subdivision
14.15.i. in its entirety and inserting in lieu thereof, a new
subdivision 14.15.i. to read as follows:
"14.15.i. Notwithstanding any provision of this rule to the
contrary, revision of the mining and reclamation plan contained in
a permit is required prior to any change in mining methods which
would substantially affect the standards contained in this
section."
(n) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of section four, article fourteen, 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
January, two thousand two, relating to the department of
environmental protection (coal related dam safety, 38 CSR 4), is
authorized.
(o) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, 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 the fifth day of
December, two thousand one, relating to the department of
environmental protection (hazardous waste management, 33 CSR 20),
is authorized.
(p) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, authorized under the
authority of section twenty-two, 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 thirtieth
day of October, two thousand one, relating to the department of
environmental protection (administrative proceedings and civil
penalty assessment, 47 CSR 1), is authorized.
(q) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, 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 the eighteenth day
of January, two thousand two, relating to the department of
environmental protection (state certification of activities
requiring federal licenses and permits, 47 CSR 5A), is authorized
with the following amendments:
On page two, subsection 2.12, following the words "stream
loss" by striking out the remainder of the sentence;
On page two, at the end of subsection 2.13 following the words
"or longer" by inserting a comma and the following: "except for
structures defined as temporary structures in this section.";
On page two, following subsection 2.15 by adding a new
subsection, to read as follows:
"2.16 'Temporary Structure' means, for structures permitted
under §22-3-1 et seq., any structure which will be removed before
or upon final bond release; for structures not permitted under §22-
3-1 et seq., temporary structure means any structure which will be
removed upon completion of the project.";
On page three, subsection 4.1, by striking the word "General"
and inserting in lieu thereof, the following: "Information
contained within environmental processes and reviews such as
environmental assessments, environmental impact statements and
mining and reclamation plans, may be used to meet part or all of
the requirements of this rule."
And, by renumbering the following subsection;
On page four, by striking out subdivision 4.2.a. in its
entirety; and, by renumbering the remainder of the subsection;
On page six, after the newly designated subdivision 4.2.e. by
adding a new subdivision 4.2.f. to read as follows:
"4.2.f. This subsection is only applicable to activities that meet the definition of a surface mining operation as defined in WV
Code §22-3-3. This information shall accompany the state 401 water
quality certification application:
4.2.f.1. A No Practical Alternative Demonstration. A
demonstration containing, but not limited to, the following:
4.2.f.1.A. Demonstrate that there is not a practical
alternative in the Water of the U.S., including other alternatives
that were considered but eliminated.
4.2.f.1.B. That treatment facilities will be located as close
as practical to the source(s) with which it is associated.
4.2.f.1.C. Such activity will impact Waters of the U.S. no
more than is necessary to accommodate its proper construction and
operation.
4.2.f.1.D. Maps, plans, specification and design analyses for
the preferred alternative to the project.
4.2.f.2. An Impact Analysis. - A detailed analysis of the
potential impacts, the extent applicable, of the proposed project
on water quality and quantity, fish and wildlife, aquatic habitat,
parks, recreation, in-stream and downstream uses.
4.2.f.3. A Biological Survey of the Stream. - Each applicant
will follow established and accepted protocols for collection,
analysis, documentation and presentation of biological data from
Waters of the U.S., i.e., U.S. Environmental Protection Agency's
'Rapid Bioassessment Protocols for Use in Wadeable Streams and Rivers'. Station locations shall be located one (1) above the
proposed activity, one (1) at the proposed activity and one (1)
downstream of the proposed activity or other station locations
necessary to assess the activity's impact. The Secretary, may at
his or her discretion, request from the applicant certain state
preferred biologic indices to facility review. The survey
requirement may be waived with the Department's concurrence.
4.2.f.4. A Delineation of the Stream to be Impacted. - The
length, width and depth of the stream segment impacted shall be
measured. Width and depth measurements shall be made at one
hundred (100) foot intervals. The stream delineation shall
indicate the ephemeral and intermittent/perennial segments to be
impacted. The stream shall be measured from the farthest
downstream disturbance, excluding stream crossings associated with
haul roads for surface mining operations, upstream to the beginning
of an intermittent stream, as defined in 46 CSR 1-2.9 and/or 38 CSR
2-2.71. The applicant shall provide a table listing the station
number with the corresponding acreage including the drainage area
from the toe of the pond and the toe of the fill.
4.2.f.4.A. Submit all findings in an appendix to the report
including, but not limited to, the following:
4.2.f.4.B. Name of person(s) conducting the stream
delineation and his or her qualifications (i.e., DEP
representative, company representative, consultant, biologist, etc.).
4.2.f.4.C. Date delineation was conducted.
4.2.f.4.D. Recent weather conditions and those on the day of
the delineation.
4.2.f.4.E. A statement verifying the October, 1999 DEP Stream
Delineation Memorandum was followed in the determination process.
4.2.f.4.F. Method used for determination (i.e., post-hold or
benthic).
4.2.f.4.G. A copy of field notes, photographs and stream
delineation map that indicates the results in relation to the
proposed activity, if possible."
"5.1.a.1. The surface mining and NPDES permit numbers, if
applicable and available."
On page nine, after paragraph 6.2.c.4. by adding a new
paragraph 6.2.c.5. to read as follows:
"6.2.c.5. An applicant for a proposed project who desires to
provide compensatory in-kind mitigation prior to the disturbance of
the mitigable resource, will comply with the following criteria:
A. Mitigation ration will be at one (1) unit created to every
one (1) unit impacted.
B. Mitigation shall be completed 12 months prior to the impact
of the resource.
C. Mitigation plans will meet the review and approval of the
Department of Environmental Protection and Division of Natural Resources. Satisfactory completion will be determined by
concurrence of DEP and DNR prior to final approval of mitigation
obligation.";
And,
By renumbering the remaining paragraphs in the subdivision.
(r) The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, 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 the twenty-seventh
day of September, two thousand one, relating to the department of
environmental protection (underground injection control, 47 CSR
13), is authorized.
(s) The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, 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 the twenty-seventh
day of September, two thousand one, relating to the department of
environmental protection (groundwater protection standards at
Dominion "Generation" steam electric generation facility, Mt.
Storm, West Virginia, 47 CSR 57B), is authorized.
(t) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of section one, article eleven, chapter twenty-two of
this code, relating to the department of environmental protection
(WVNPDES rules for coal mining facilities, 47 CSR 30), is
authorized with the following amendments:
On page one, subsection 1.1, after the word "Scope" by
striking out the words "These rules establish" and inserting in
lieu thereof the words "This rule establishes";
On page one, subsection 1.9 after the word "his" by inserting
the words "or her";
On page one, the first paragraph in section 2 by striking out
the word "shall";
On page three, by inserting a newly designated subsection
2.15. to read as follows:
"2.15. 'Director' means the director of the Division of Water
Resources."; And, by renumbering the remainder of the section;
On page five, in newly designated subsection 2.52. after the
word "Code" by striking through "§22-3" and inserting in lieu
thereof "§22-3-1 et seq.";
On page seven, paragraph 3.5.b.1., line six, after the words
"granted for" by striking out the word "no";
On page eight, subdivision 3.5.c. by striking through the last
sentence in its entirety and inserting the following: "The proposed permittee shall demonstrate that he or she has accepted all
necessary permit responsibilities.";
On page eight, subdivision 3.5.e. in the second sentence after
the words "inclusion in" by striking out the word "that" and
inserting in lieu thereof the word "the";
On page eleven, subparagraph 4.5.a.6.L., after the words "must
be" by inserting the words "notarized and";
On page thirteen, part 4.5.b.1.A.2., line five after the words
"request for" by striking out the word "such";
On page thirteen, part 4.5.b.1.E.1., at the beginning of line
one by striking out the word "He" and inserting in lieu thereof the
words "The applicant";
On page thirteen, subpart 4.5.b.1.E.2., at the beginning of
line one by striking out the word "He" and inserting in lieu
thereof the words "The applicant";
On page fifteen, part 4.5.d.1.A.11., after the words "must be"
by inserting the words "notarized and";
On page sixteen, paragraph 4.5.d.3., after the words "required
by" by striking out the words "Sections 4.5.a. of these rules" and
inserting in lieu thereof the words "Section 4.5.a. of this rule";
On page sixteen, part 4.5.d.4.A.3., in line three after the
word "if" by striking out the word "such" and inserting in lieu
thereof the word "the";
On page sixteen, part 4.5.d.4.A.3., in line four after the word "unavailable," by striking out the word "then";
On page seventeen, subparagraph 4.5.f.2.A., line two after the
words "to the" by striking out the words "Regional Administrator"
and by inserting in lieu thereof the words "Environmental
Protection Agency Region III Administrator";
On page eighteen, paragraph 4.7.a.1., line three after the
words "purpose of" by striking out the words "Section 4.7 of these
rules" and by inserting in lieu thereof the words "this section";
On page nineteen, by striking out subsection 4.8 in its
entirety.
On page twenty, subdivision 5.1.g., after the words
"Environmental Quality Board" by inserting the words "Title 60";
On page twenty-five, subsection 5.17., line seven after the
word "wastewaters" by striking out the word "and";
On page twenty-five, subdivision 5.18.d., after the words "the
expiration of the WV/NPDES permit," by striking out the word
"then";
On page twenty-nine, paragraph 6.2.o.5., after the words
"Section 6.2.e of" by striking out the words "these rules are" and
by inserting in lieu thereof the words "this rule is";
On page thirty-two, subparagraph 8.2.c.2.C., line one after
the word "New" by striking the word "Regulations" and inserting in
lieu thereof the word "Rules";
On page thirty-two, subparagraph 8.2.c.2.C., line two after the word "standards" by striking the word "regulations" and
inserting in lieu thereof the word "rules";
On page thirty-two, subparagraph 8.2.c.2.C., line four after
the word "standards" by striking the word "regulations" and
inserting in lieu thereof a comma and the word "rules";
On page thirty-two, part 8.2.c.2.C.1., line two after the word
"standards" by striking the word "regulations" and inserting in
lieu thereof the word "rules";
On page thirty-two, part 8.2.c.2.C.2., line four after the
word "promulgated" by striking the word "regulations" and inserting
in lieu thereof the words "rules or";
On page thirty-three, part 8.2.c.2.C.2., line five after the
words "that portion of the" by striking the word "regulations" and
inserting in lieu thereof the word "rules";
On page thirty-four, subdivision 9.1.a., line four after the
words "major facilities by the" by striking out the words "Regional
Administrator" and by inserting in lieu thereof the words
"Environmental Protection Agency Regional III Administrator";
On page thirty-five, subdivision 9.2.a. by striking out the
words "Regional Administrator" and by inserting in lieu thereof the
words "Environmental Protection Agency Regional III Administrator";
On page thirty-five, paragraph 9.2.a.2. by striking out the
words "Regional Administrator" and by inserting in lieu thereof the
words "Environmental Protection Agency Regional III Administrator";
On page forty-three, subdivision 15.1.a., line two after the
words "in accordance with" by striking out the words "Sections 11,
12, 15, and 19 of Article 11;" and by inserting in lieu thereof
"W.Va. Code §§ 22-11-11, 12, 15 and 19";
On page forty-three, subdivision 15.1.b., line three after the
words "in accordance with" by striking out the words "Section 22 of
Article 11; and" and by inserting in lieu thereof the words "W.Va.
Code §22-11-22";
And,
On page forty-three, subdivision 15.1.c., line two after the
words "in accordance with" by striking out the words "Section 24 of
Article 11" and by inserting in lieu thereof the words "W.Va. Code
§22-11-24".
§64-3-2. Environmental quality board.
(a) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized 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 eleventh day of January, two
thousand two, relating to the environmental quality board
(requirements governing water quality standards, 46 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the
authority of section four, article twelve, chapter twenty-two 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 eleventh day of January, two
thousand two, relating to the environmental quality board
(requirements governing groundwater standards 46 CSR 12), is
authorized.
§64-3-3. Solid waste management board.
The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, authorized under the
authority of section six, article three, chapter twenty-two-c of
this code, modified by the solid waste management board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of October, two
thousand one, relating to the solid waste management board
(disbursement of grants to solid waste authorities, 54 CSR 5), is
authorized.
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