Bill-DEP Construction
Senate Bill No. 244
(By Senators Ross, Anderson, Minard, Snyder, Unger and
Minear
)
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[Introduced January 28, 2000; referred to the
Committee on Energy, Industry and Mining;
and then to the Committee on the Judiciary.]
__________
A BILL to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to 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.
Be it enacted by the Legislature of West Virginia:
That section one, 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 thirty-first day of July, one thousand nine hundred ninety-eight, 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 fifth day of January, one thousand nine
hundred ninety-nine, relating to the division of
environmental protection (ambient air quality standards
for carbon monoxide and ozone, 45 CSR 9), is authorized.
(b) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, 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 fifth day of January, one thousand nine
hundred ninety-nine, relating to the division of
environmental protection (standards of performance for
new stationary sources, 45 CSR 16), is authorized.
(c) The legislative ruled filed in the state
register on the third day of August, one thousand nine
hundred ninety-eight, 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 fifth day of January, one thousand nine
hundred ninety-nine, relating to the division of
environmental protection (to prevent and control
emissions from hospital, medical, and infectious waste
incinerators, 45 CSR 24), is authorized.
(d) The legislative rule filed in the state register
on the third day of August, one thousand nine hundred
ninety-eight, 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 fifth
day of January, one thousand nine hundred ninety-nine, 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.
(e) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of
section four, article five, chapter twenty-two of this
code, relating to the division of environmental
protection (acid rain provisions and permits, 45 CSR 33),
is authorized.
(f) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, 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-second day of January, one
thousand nine hundred ninety-nine, relating to the division of environmental protection (ambient air quality
standards for sulfur oxides and particulate matter, 45
CSR 8), is authorized.
(g) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, 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 fifth day of January, one thousand nine
hundred ninety-nine, relating to the division of
environmental protection (emission standards for
hazardous air pollutants pursuant to 40 CFR Part 63, 45
CSR 34), is authorized.
(h) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of
section fourteen, article thirteen, chapter twenty 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 second day of November, one thousand nine
hundred ninety-eight, relating to the division of
environmental protection (awarding of West Virginia
stream partners program grants, 60 CSR 4), is authorized.
(i) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-eight, 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
twenty-second day of January, one thousand nine hundred
ninety-nine, relating to the division of environmental
protection (surface mining and reclamation regulations,
38 CSR 2), is authorized.
(j) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of section five, article fifteen, 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
seventh day of October, one thousand nine hundred ninety-
eight, relating to the division of environmental
protection (solid waste management, 33 CSR 1), is
authorized.
(k) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of
section twenty, article fifteen, 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 November, one thousand
nine hundred ninety-eight, relating to the division of
environmental protection (sewage sludge management, 33
CSR 2), is authorized.
(l) The legislative rule filed in the state register on the third day of August, one thousand nine hundred
ninety-eight, authorized under the authority of section
six, article eighteen, 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 second
day of October, one thousand nine hundred ninety-eight,
relating to the division of environmental protection
(hazardous waste management, 33 CSR 20), is authorized.
(m) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
six, article two, chapter twenty-two-c of this code,
relating to the division of environmental protection
(state construction grants program, 47 CSR 33), is
authorized.
(n) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of
section six, 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 twenty-second day of January, one
thousand nine hundred ninety-nine, relating to the
division of environmental protection (pollution
prevention and compliance assistance rule, 47 CSR 3), is
authorized.
(o) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine
hundred ninety-eight, authorized under the authority of
section three, article two, chapter twenty-two-c 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 second day of November, one thousand nine
hundred ninety-eight, relating to the division of
environmental protection (state water pollution control
revolving fund program, 47 CSR 31), is authorized.
(p) The legislative rules filed in the state register on the seventh day of October, one thousand nine
hundred ninety-eight, relating to the division of
environmental protection (underground storage tank
insurance trust fund, 33 CSR 32), are authorized.
(q) 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 one, 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 amendment:
On page 18, subsection 12.1, after the words "section 3 of 45CSR22" by changing the period to a colon
and adding the following words "provided, that the
application fee for a source applying and/or registering
under the general permit for natural gas compressor
stations shall be five hundred dollars ($500)."
NOTE: The purpose of this bill is to authorize 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
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.