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.