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Committee Substitute House Bill 4163 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR

H. B. 4163

(By Delegates Mahan, Wills, Cann,

Kominar, Faircloth and Riggs)

(Originating in the Committee on the Judiciary)


[February 25, 2002]


A BILL 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 division of environmental protection to promulgate legislative rule relating to ambient air quality standards for sulfur oxides and particulate matter; authorizing division of environmental protection to promulgate legislative rule relating to ambient air quality standards for carbon monoxide and ozone; authorizing division of environmental protection to promulgate legislative rule relating to emission standards for hazardous air pollutants; authorizing division of environmental protection to promulgate legislative rule relating to standard of performance for new stationary sources; authorizing division of environmental protection to promulgate legislative rule relating to prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing division of environmental protection to promulgate legislative rule relating to acid rain provisions and permits; authorizing division of environmental protection to promulgate legislative rule relating to nitrogen oxide budget trading program as means of control and reduction of nitrogen oxides; authorizing division of environmental protection to promulgate legislative rule relating to prevention and control of emissions from commercial and industrial solid waste incineration units; authorizing division 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 division of environmental protection to promulgate legislative rule relating to emission standards for hazardous air pollutants for source categories; authorizing division of environmental protection to promulgate legislative rule relating to awarding West Virginia stream partners program grants; authorizing division of environmental protection to promulgate legislative rule relating to voluntary remediation and redevelopment; authorizing division of environmental protection to promulgate legislative rule relating to surface mining and reclamation; authorizing division of environmental protection to promulgate legislative rule relating to coal-related dam safety; authorizing division of environmental protection to promulgate legislative rule relating to hazardous waste management; authorizing division of environmental protection to promulgate legislative rule relating to administrative proceedings and civil penalty assessment; authorizing division of environmental protection to promulgate legislative rule relating to state certification of activities requiring federal licenses and permits; authorizing division of environmental protection to promulgate legislative rule relating to underground injection control; authorizing division 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 division 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 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-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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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.
(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 division 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 division 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 division 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 division 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 division of environmental protection (voluntary remediation and redevelopment, 60 CSR 3), is authorized.
(m)
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 three, chapter twenty-two of this code, modified by the division 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 division of environmental protection (surface mining and reclamation rule, 38 CSR 2), is authorized.
(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 division 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 division 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 division 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 division 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 division 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 division 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 division 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 division 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."; and, by renumbering the following subsection;
And,
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."
(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 division 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 division 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 division 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 division 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 division of environmental protection (WVNPDES rules for coal mining facilities, 47 CSR 30), is authorized with the following amendment:
On page nineteen, by striking out subsection 4.8 in its entirety.

§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 seven-b, article eleven, 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 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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