WEST virginia legislature

2024 regular session

Enrolled

Committee Substitute

for

Senate Bill 2

By Senator Woodrum

[Passed March 8, 2024; in effect from passage]

AN ACT to amend and reenact §64-3-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed and as modified 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 alternative emission limitations during startup and shutdown operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of particulate matter air pollution from the combustion of fuel in indirect heat exchangers; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from the operation of hot mix asphalt plants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from the operation of coal preparation plants, coal handling operations, and coal refuse disposal areas; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of refuse; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of particulate matter air pollution from manufacturing processes and associated operations; 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 control of air pollution from the emission of sulfur oxides; 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 control of air pollution from the emission of volatile organic compounds; 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 control of greenhouse gas emissions from existing coal-fired electric utility generating units; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to administration of Drinking Water Treatment Revolving Fund and safe drinking water set-asides; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to underground injection control.

Be it enacted by the Legislature of West Virginia:

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 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (alternative emission limitations during startup and shutdown operations, 45 CSR 01), is authorized with the following amendments:

On page 1, subsection 1.6., by striking the word “The” and inserting in lieu thereof the words “This rule applies to the”;

On page 1, subsection 1.6. after the word “limitations” by inserting the words “imposed by those rules”;

And,

On page 5, section 1, line 69, by striking out “§22-11-7a” and inserting in lieu thereof “§22-11B-7”.

2. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of particulate matter air pollution from the combustion of fuel in indirect heat exchangers, 45 CSR 02), is authorized.
3. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of air pollution from the operation of hot mix asphalt plants, 45 CSR 03), is authorized.
4. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of air pollution from the operation of coal preparation plants, coal handling operations and coal refuse disposal areas, 45 CSR 05), is authorized.
5. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of air pollution from combustion of refuse, 45 CSR 06), is authorized.
6. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of particulate matter air pollution from manufacturing processes and associated operations, 45 CSR 07), is authorized.
7. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 08), is authorized.
8. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of air pollution from the emission of sulfur oxides, 45 CSR 10), is authorized.
9. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.
10. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 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 14, 2023, relating to the Department of Environmental Protection (control of air pollution from the emission of volatile organic compounds, 45 CSR 21), is authorized.
11. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.
12. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (control of greenhouse gas emissions from existing coal-fired electric utility generating units, 45 CSR 44), is authorized.
13. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-36-2 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 15, 2023, relating to the Department of Environmental Protection (administration of Drinking Water Treatment Revolving Fund and safe drinking water set-asides, 60 CSR 12), is authorized.
14. The legislative rule filed in the State Register on July 24, 2023, authorized under the authority of §22-18-6 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 15, 2023 relating to the Department of Environmental Protection (hazardous waste management system, 33 CSR 20), is authorized.
15. The legislative rule filed in the State Register on July 28, 2023, authorized under the authority of §22-11-7a 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 15, 2023, relating to the Department of Environmental Protection (underground injection control, 47 CSR 13), is authorized.