AN ACT to amend and reenact sections one and two, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; disapproving certain legislative rules; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from the emission of sulfur oxides; authorizing the division of environmental protection to promulgate a legislative rule relating to the ambient air quality standard for nitrogen dioxide; authorizing the division of environmental protection to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits and procedures for evaluation; authorizing the division of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of particulate matter air pollution from materials handling, preparation, storage and other sources of fugitive particulate matter; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of particulate air pollution from direct meat-firing devices; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of particulate air pollution from the combustion of fuel in indirect heat exchangers; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of emissions from municipal solid waste landfills; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of emissions from hospital/medical/infectious waste incinerators; 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 air pollutant emissions banking and trading; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from the operation of hot mix asphalt plants; authorizing the division of environmental protection to promulgate a legislative rule relating to acid rain provisions and permits; 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 prevention and control of air pollution from the operation of coal preparation plants, coal handling operations and coal refuse disposal areas; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from the combustion of refuse; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of particulate matter air pollution from manufacturing processes and associated operations; authorizing the division of environmental protection to promulgate a legislative rule relating to ambient air quality standards for sulfur oxides and particulate matter; authorizing the division of environmental protection to promulgate a legislative rule relating to ambient air quality standards for carbon monoxide and ozone; authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining blasting; authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining and reclamation; disallowing and not authorizing the division of environmental protection to promulgate a legislative rule relating to mining and restoration for sandstone, limestone and sand; disallowing and not authorizing the division of environmental protection to promulgate a legislative rule relating to mining and reclamation of minerals other than coal, limestone, sandstone and sand; authorizing the division of environmental protection to promulgate a legislative rule relating to sewage sludge management; 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 a water pollution control permit fee schedule; authorizing the division of environmental protection to promulgate a legislative rule relating to the state water pollution control revolving fund program; authorizing the division of environmental protection to promulgate a rule relating to water pollution control permit fee schedule; authorizing the division of environmental protection to promulgate a legislative rule relating to groundwater protection standards at steam electric generating facilities; repealing a legislative rule relating to preventing and controlling air pollution from coal refuse disposal areas; and authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards.

Be it enacted by the Legislature of West Virginia:

That sections one and two, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all 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 sixth day of August, one thousand nine hundred ninety-nine, 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 twenty-sixth day of October, one thousand nine hundred ninety-nine, relating to the division of environmental protection (to prevent and control air pollution from the emission of sulfur oxides, 45 CSR 10), is authorized with the following amendments:

On page nine, paragraph 8.2.c.3., after the word "Director" by striking out the remainder of the sentence;
On page nine, subdivision 8.3.a., in the last sentence, by striking out the word "two" and inserting in lieu thereof the word "five";
On page nine, subdivision 8.3.b., after the words "by the Director" by striking out the remainder of the sentence;
On page nine, subdivision 8.3.c., after the words "by the Director" by striking out the remainder of the sentence;
And;
On page nine, by striking out subdivision 8.3.e in its entirety and inserting in lieu thereof a new subdivision 8.3.e to read as follows:
8.3.e.1. The Director shall respond within five working days to requests for information generated or required under this rule. Requests for information not in the Director's custody shall be promptly forwarded to the appropriate federal or state agency known to have such information.
8.3.e.2. Data regarding the compliance reporting of electric utility SO

(b) The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the division of environmental protection (ambient air quality standard for nitrogen dioxide, 45 CSR 12), is authorized.
(c) The legislative rule filed in the state register on the seventeenth day of December, one thousand nine hundred ninety-nine, 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 twenty-fifth day of January, two thousand, relating to the division of environmental protection (permits for construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits and procedures for evaluation, 45 CSR 13), is authorized with the following amendments:
On page 5, paragraph 2.17.f.6, by striking out the words "Upon written request, the Director may determine that a physical change results in";
And,
On page 5, paragraph 2.17.f.6, at the end of the paragraph, by changing the period to a colon and inserting the words "provided that the owner or operator of the source shall notify the Director of such replacement and the emissions reduction within ten (10) working days of the replacement."
(d) The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety- nine, authorized under the authority of section four, article five,