COMMITTEE SUBSTITUTE
FOR
H. B. 2333
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch and Riggs)
(Originating in the Committee on the Judiciary)
[March 21, 1997]
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, relating generally to the promulgation of
administrative rules by the division of environmental
protection and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain
legislative rules by the division of environmental protection;
authorizing the division of environmental protection to
promulgate certain legislative rules in the form that the
rules were filed in the state register; authorizing the
division of environmental protection to promulgate legislative
rules with various modifications presented to and recommended
by the legislative rule-making review committee; directing the
division of environmental protection to promulgate a
legislative rule; authorizing the division of environmental protection to promulgate a legislative rule relating to
hazardous waste management;
authorizing the division of
environmental protection to promulgate a legislative rule
relating to standards of performance for new stationary
sources pursuant to 40 CFR Part 60;
authorizing the division
of environmental protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants
pursuant to 40 CFR Part 63
;
authorizing the division of
environmental protection to promulgate a legislative rule
relating to the underground storage tank insurance trust fund;
authorizing the division of environmental protection to
promulgate a legislative rule relating to WV/NPDES regulations
for coal mining facilities;
authorizing the division of
environmental protection to promulgate a legislative rule
relating to surface mining reclamation;
authorizing the
division of environmental protection to promulgate a
legislative rule relating to confidential information;
authorizing the division 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 division of
environmental protection to promulgate a legislative rule
relating to voluntary remediation and redevelopment; and
creating a legislative rule relating to the office of environmental advocate.
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 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
thirtieth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section six, article eighteen,
chapter twenty-two of this code, relating to the division of
environmental protection (hazardous waste management, 33 CSR 20),
is authorized.
(b)
The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
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.
(c)
The legislative rule filed in the state register on
twenty-ninth day of August, one thousand nine hundred ninety-six,
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 63, 45 CSR 34), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section six, article seventeen,
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-second day of October, one thousand nine hundred
ninety-six, relating to the division of environmental protection
(underground storage tank insurance trust fund
, 33 CSR 32), is
authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section three, article one,
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 twentieth day of December, one thousand nine hundred
ninety-six, relating to the division of environmental protection
(WV/NPDES regulations for coal mining facilities
, 47 CSR 30), is
authorized.
(f) The legislative rules filed in the state register on the thirtieth day of August, one thousand nine hundred ninety-six,
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 twenty-first day of February, one thousand nine hundred
ninety-
seven, relating to the division of environmental protection
(surface mining and reclamation regulations, 38 CSR 2), is
authorized.
(g) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section ten, 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 November, one thousand nine hundred
ninety-six, relating to the division of environmental protection
(confidential information
, 45 CSR 31), is authorized.
(h) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
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 sixteenth day of January, one thousand nine hundred ninety- seven, 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.
(iI)
The legislative rule filed in the state register on the
fifth day of February, one thousand nine hundred ninety-seven,
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-fifth day of February, one thousand nine hundred
ninety-seven, relating to the division of environmental protection
(voluntary remediation and redevelopment
, 60 CSR 3), is authorized.
(iJj) That title sixty, series one of the code of state rules be
amended by deleting the current interpretative rule for the office
of environmental advocate and inserting in lieu thereof the
following legislative rule, to read as follows:
"§38-10-1. General.
1.1. Scope. - This legislative rule governs and controls the
appointment and qualifications of the position of Environmental
Advocate within the Division of Environmental Protection.
1.2. Authority - West Virginia Code §22-1-3, 22-1-3a, 22-20.
1.3. Filing Date -
1.4. Effective Date - July 1, 1997.
§38-10-2. Appointment, Salary and Qualifications.
2.1. Appointment. - The position of Environmental Advocate
will be a full-time position, will be appointed by the Director,
and will serve at the will and pleasure of the Director of the
Division of Environmental Protection in accordance with the West
Virginia Code §22-20-1.
2.2. Salary. - The salary of the position of Environmental
Advocate will be set by the Director and is subject to future
adjustments at the discretion of the Director.
2.3. Qualifications. - The Director will receive or solicit
applications for the position of Environmental Advocate from
persons having the following minimum qualifications:
2.3.a. A citizen and resident of the State of West Virginia.
2.3.b. A graduate from an accredited college or university
with a four-year degree in a field of study directly related to the qualifications, powers, and duties of the position as set forth by
the director.
2.3.c. A minimum of two years full-time or cumulative
experience in word directly related to environmental protection, or
other public service work or experience which demonstrates the
ability to carry out the powers and duties of the position as set
forth by the director.
2.3.d. A working familiarity with some of the legal
requirements and programmatic functions of the Division of
Environmental Protection.
2.3.e. A demonstrated ability to skillfully verbally and by
writing communicate in a public forum.
2.3.f. A demonstrated ability ro use word processing software
for a computer and other necessary computer skills as determined by
the director.
2.3.g. A valid West Virginia driver's license.
§38-10-3. Powers and Limitations - The Environmental Advocate will
carry out the duties of the position as set forth in this rule, and as prescribed by the Director in accordance with the following:
3.1. The Environmental Advocate will be guided in all actions
by the policy statement and the nine purposes set forth in West
Virginia Code §22-1-1 (b).
3.2. The Environmental Advocate may not in any official
capacity represent any person in, or file on behalf of any person,
legal or quasi-legal actions, either in support of or opposed to
the Division of Environmental Protection without the expressed
approval of the Director, and under supervision of the Division of
Environmental Protection's General Counsel.
3.3. The Environmental Advocate may not in any official
capacity organize public campaigns in support of, or in opposition
to official positions taken by the Division of Environmental
Protection on environmental matters, and will not in any official
capacity actively participate in any such organized campaign."