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."