H. B. 2803


(By Delegates Beane, Cann,
Coleman and Anderson)
[Introduced March 28, 1997; referred to the
Committee on the Judiciary.]



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, by adding thereto a new section, designated section sixteen, relating to the promulgation of administrative rules by the division of environmental protection and the procedures thereto; authorizing and directing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of particulate air pollution from manufacturing process operations with amendment.

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, by adding thereto a new section, designated section sixteen, to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.
§64-3-16. Division of environmental protection; authorizing a legislative rule by the office of air quality.
(a)The legislative rule filed with the secretary of state on the nineteenth day of February, one thousand nine hundred ninety-seven, authorized pursuant to the authority of section four, article five, chapter twenty-two of this code, relating to the division of environmental protection (to prevent and control particulate air pollution from manufacturing process operations, 45 CSR 7) is reauthorized, with the following amendment:
"On page sixteen, section 4.15.b, following the words 'collection stack exceed .018 gr/dscf.' by adding thereto the following:
'The source may vary the emission rates among the stacks by filing written notice thereof with the Chief of the Office of Air Quality at least seven (7) business days in advance of any such alteration. Such changes must comply with the total allowable emission rate from all such stacks and may not exceed the per stack concentration limit set forth herein.'"


NOTE: This bill authorizes a proposed Office of Air Quality rule to prevent and control particulate air pollution from manufacturing process operations with an amendment allowing the manufacturer to change emission rates with notice to the Chief of the Office of Air Quality.

This section is new; therefore, strike-throughs and underscoring have been omitted.