SB243 H JUD AM 4-10 #1 revised
The Committee on the Judiciary moves to amend the bill on page
four, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof, the following language:
"ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a) The legislative
rule filed in the State Register on August
30, 2012, authorized under the authority of section twenty-nine,
article fifteen-a, chapter twenty-two of this code, modified by the
Department of Environmental Protection to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on December 13, 2012, relating to the Department of
Environmental Protection (covered electronic devices recycling, 33
CSR 12), is authorized with the following amendment:
On page two, paragraph 4.1.b.1., by striking out all of
paragraph 4.1.b.1. and inserting in lieu thereof a new paragraph
4.1.b.1., to read as follows:
4.1.b.1. Within one year after the effective date of this
rule, receiving, storage, operations and shipping areas must be
under a roof or in an enclosed area sufficient to prevent
stormwater contamination.
(b)
The legislative rule filed in the State Register on August
24, 2012, authorized under the authority of section seventeen, article eighteen, chapter twenty-two of this code, relating to the
Department of Environmental Protection (hazardous waste
administrative proceedings and civil penalty assessment, 33 CSR
27), is authorized.
(c) The legislative rule filed in the State Register on
September 4, 2012, authorized under the authority of section six,
article six-a, chapter twenty-two of this code, modified by the
Department of Environmental Protection to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on February 14, 2013, relating to the Department of
Environmental Protection (horizontal well development, 35 CSR 8),
is authorized with the following amendments:
On page two, after subsection 2.12., by inserting a new
subsection 2.13. to read as follows:
2.13.
"Health care professional" means a physician, physician
assistant, nurse practitioner, registered nurse, or emergency
medical technician licensed by the State of West Virginia.
And renumbering the remaining subsections;
And,
On page 10, Section 5.6.e., line 1 and 2, by deleting the
sentence that reads, "A copy of the approved Water Management Plan
shall be available upon request." and inserting in lieu there of
the following:
"A copy of the approved Water Management Plan shall be maintained on site at the water withdraw location(s) and available
for inspection upon request by employees and agents of he State and
the
general public."
And,
On page 10, subsection 5.7.a, line 5, following the words "is
sought," by inserting the words "the anticipated MSDS Sheets, and"
And,
On page 10, subsection 5.7.1, line 12, following the words
"emergency services." by inserting the following:
"The operator shall also provide the Well Site Safety Plan to
the surface owner and any water purveyor or surface owner subject
to notice and water testing as provided in subsection 15 of this
rule.
And,
On page 19, Section 9.1.b.2, line 3, following the words "will
be utilized" by striking out the period and inserting a comma and
the
following:
"and the telephone number for the Department of Environmental
Protection."
And,
On pages 23 and 24, by striking out all of subsection 10.1.
and inserting in lieu thereof a new subsection 10.1. to read as
follows:
10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor
or other contractor, as appropriate) shall keep at the well
location a copy of the application as permitted, including the
associated plat and plans required by section 5 of this rule. The
well operator or its contractor (service provider, drilling
contractor or other contractor, as appropriate) shall also make and
preserve at the well location accurate records of all well work
performed pursuant to the permit, including documentation by the
contractor or person performing the cementing services of the time
of completion of cementing and the volume of cement used for the
cementing of all casing operations. The records shall be complete
enough to support, as applicable, the entries of well work done and
related data on Form WR-35, "Well Operator's Report of Well Work",
Form WR-36, "Well Operator's Report of Initial Gas-Oil Ratio Test",
and Form WR-38, "Affidavit of Plugging and Filling Well", but these
forms shall reflect information discovered or changes made after
the permitted well work has been finished and before the reports
are filed. The records made and preserved at the well location and
the recordings made on Form WR-35 shall include, but not be limited
to, indications of caverns, open mines or other voids, whether the
freshwater casing cement circulated to the surface, and the efforts
made to fill the annular space and the results. Unless the records
of well work performed are prepared by the well operator or owner,
a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service
provider, drilling contractor or other contractor, as appropriate)
designates as a confidential trade secret.
10.1.a. As part of the well completion report (Form WR-35),
the operator or its service provider shall list all the additives
used in the hydraulic fracturing or stimulation process, including
each additive's specific trade name, supplier, and purpose. The
operator or its service provider shall also list each chemical of
each additive intentionally added to a base fluid for the purpose
of preparing a fracturing fluid, along with each chemical's CAS
registry number, if applicable, its maximum concentration in the
additive, and its maximum concentration as added to the base fluid,
and the volume of the base fluid used. The concentrations shall be
expressed as a mass percent. The operator or service provider may
designate the information regarding the specific identity or
concentration or both of a chemical as a confidential trade secret
not to be disclosed to the agency or anyone else except in the
event of an investigation by the office, medical emergency, or for
diagnostic or treatment purposes involving the designated chemical,
pursuant to subdivisions 10.1.d. and 10.1.e. below.
10.1.b. The operator or service provider shall fulfill the
additive reporting requirement of subdivision 10.1.a. above by
submitting the information to the office and the FracFocus Chemical
Disclosure Registry.
10.1.c. As part of the well completion report (Form WR-35),
the operator shall report the volumes of fluids pumped and
treatment pressures recorded throughout the hydraulic fracturing
process.
10.1.d. In the event of an investigation by the office
involving a chemical designated as a confidential trade secret, the
operator or service provider shall provide the specific identity of
the chemical, the concentration of the chemical, or both the
specific identity and concentration of the chemical, as needed, to
the agency upon receipt of notification from the chief or his or
her designee stating that such information is necessary in
connection with an investigation by the office. Upon receipt of
such notification of need, such information shall be disclosed by
the operator or service provider, as applicable, directly to the
chief or his or her designee and shall in no way be construed as
publicly available. The chief or designee may disclose information
regarding the specific identity of a chemical, the concentration of
a chemical, or both the specific identity and concentration of a
chemical claimed to be a confidential trade secret to additional
agency staff members to the extent that such disclosure is
necessary to allow the agency staff member receiving the
information to assist in such an investigation by the office,
provided that such individuals shall not disseminate the
information further and such information shall at all times be considered confidential and shall not be construed as publicly
available. Upon request by the operator or service provider, and
where a notification of need is provided orally, the chief shall
execute a written statement of need indicating that the information
was necessary in connection with an investigation by the office.
10.1.e. The operator or service provider shall provide the
specific identity of a chemical designated as a confidential trade
secret, the concentration of the chemical designated as a
confidential trade secret, or both the specific identity and
concentration of the chemical designated as a confidential trade
secret, as needed, upon request to a health care professional in a
medical emergency, or for diagnostic or treatment purposes.
The
health care professional shall only use the information provided by
the operator or service provider for diagnosis or treatment of an
individual, and the operator or service provider may provide notice
to the health care professional at the time of release of the
information, that the information provided is solely for diagnosis
or treatment of the individual, that the information may be a trade
secret, and disclosure to others for any other purpose may subject
that health care professional to a legal action by the operator or
service provider for violating its trade secret."
And,
On page 30, by striking out all of subsection 13.5.
"
(d)
The legislative rule filed in the State Register on August 15, 2012, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (permits for construction and major
modification of major stationary sources for the prevention of
significant deterioration of air quality, 45 CSR 14), is
authorized.
(e)
The legislative rule filed in the State Register on
August 14, 2012, authorized under the authority of section four,
article five, chapter twenty-two of this code, relating to the
Department of Environmental Protection (standards of performance
for new stationary sources, 45 CSR 16), is authorized.
(f)
The legislative rule filed in the State Register on August
15, 2012, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
combustion of solid waste, 45 CSR 18), is authorized.
(g)
The legislative rule filed in the State Register on August
15, 2012, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25), is authorized.
(h) The legislative rule filed in the State Register on August
15, 2012, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (requirements for operating permits, 45
CSR 30), is authorized.
(I)
The legislative rule filed in the State Register on August
15, 2012, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (emission standards for hazardous air
pollutants, 45 CSR 34), is authorized.
(j)
The legislative rule filed in the State Register on August
30, 2012, authorized under the authority of section ten, article
eleven, chapter twenty-two of this code, relating to the Department
of Environmental Protection (water pollution control permit fee
schedules, 47 CSR 26), is authorized.
(k)
The legislative rule filed in the State Register on August
28, 2012, authorized under the authority of section four, article
eleven, chapter twenty-two of this code, relating to the Department
of Environmental Protection (WV/NPDES regulations for coal mining
facilities, 47 CSR 30), is authorized.
"