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Engrossed Version House Bill 4053 History

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WEST virginia legislature

2016 regular session

ENGROSSED

Committee Substitute

for

House Bill 4053

By DELEGATES SOBONYA, FRICH AND MOFFATT

[Introduced January 18, 2016; Referred
to the Committee on Energy then the Judiciary.
]

 

A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; 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 the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual nitrogen oxide emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of annual sulfur dioxide emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to administrative proceedings and civil penalty assessment, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tank fee assessments, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tank administrative proceedings and civil penalty assessment, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tanks, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards, and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development.

Be it enacted by the Legislature of West Virginia:


That article 3, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

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 July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (control of annual nitrogen oxide emissions, 45 CSR 39), is authorized.

(b) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (standards of performance for new stationary sources, 45 CSR 16), is not authorized.  

 (c) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.

(d) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (control of air pollution from hazardous waste treatment, storage and disposal facilities, 45 CSR 25), is authorized.

(e) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.  

(f) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.

(g) The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (control of annual sulfur dioxide emissions, 45 CSR 41), is authorized.

(h) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section thirteen, article three, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Division of Mining and Reclamation (surface mining reclamation, 38 CSR 2), is authorized with the following amendments set forth below:

On page 60, paragraph 3.27., immediately following the word “ongoing” by inserting the following: “Once an operation has received a waiver of the renewal requirement, it is exempt from the restriction contained in paragraph 11.4.a.2 below regarding changing from full permit bonding to incremental bonding, and the operation may submit a bonding revision to the Secretary for approval.”

            And,

            On page 147, paragraph 11.4.a.2., immediately following the second occurrence of the word “permit” by inserting the following: “:Provided, That operations that have received a waiver of the renewal requirement are exempt, and the operation may submit a bonding revision to the Secretary for approval.”

(i) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section twenty-two, article eleven, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Water and Waste Management (administrative proceedings and civil penalty assessment, 47 CSR 30B), is authorized.

(j) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section five, article thirty, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Water and Waste Management (above ground storage tank fee assessments, 47 CSR 64), is authorized.

(k) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section five, article thirty, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Department of Environmental Protection, Water and Waste Management (above ground storage tank administrative proceedings and civil penalty assessment, 47 CSR 65), is authorized.

(l) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article eleven, chapter twenty-two, of this code, modified by the Department of Environmental Protection, Water and Waste Management to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on November 24, 2015, relating to the Department of Environmental Protection, Water and Waste Management (requirements governing water quality standards, 47 CSR 2), is authorized with the following amendments set forth below:

On page 51, note g., immediately following the words “concentration when” by striking the words “both fish tissue and”

AND

On page 51, note g, immediately following the words “water concentrations” by inserting the following: “and either whole body or fish muscle (skinless, boneless filet)

AND

On page 51, note h, immediately following the word “any” by inserting the following: “fish

AND

On page 51, note h, immediately following the word “whole-body” by inserting the following: “fish muscle (skinless, boneless filet)”

AND

On page 52, in the column labeled “parameter”, immediately following “8.27.1 (Selenium ug/g)” by inserting the following: “g (based on instantaneous measurement)

8.0 ug/g Fish Whole-body Concentration or

11.3 ug/g Fish muscle (skinless, boneless filet)”

AND

On page 52, in the column labeled “parameter”, immediately following “8.27.2 (Selenium ug/g) Fish Egg/Ovary Concentrationh” by inserting the following: “(based on instantaneous measurement)

AND

On page 52, in the columns labeled “Chron2” by inserting the following in each of the two vacant spaces: “X

(m) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section five, article thirty, chapter twenty-two, of this code, modified by the Department of Environmental Protection, Water and Waste Management to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on November 24, 2015, relating to the Department of Environmental Protection, Water and Waste Management (above ground storage tanks, 47 CSR 63), is authorized with the following amendments set forth below:

On page one, paragraph 1.5.a.2., after the word “equipment;” by striking out the word “and”;

            And,

On page one, paragraph 1.5.a.3., after the word “motors”, by changing the period to a semicolon;

And,

On page one, after paragraph 1.5.a.3., by inserting the following new paragraphs: 

“1.5.a.4.  Tanks containing blasting agents or explosives as defined in 199 CSR 1; and

1.5.a.5.  Aboveground storage tanks that contain water treatment chemicals used for maintaining compliance with NPDES permit effluent limits in treatment systems that are located at facilities subject to either the Groundwater Protection Rules for Coal Mining Operations (38 CSR 2F) or a Coal Mining NPDES permit issued pursuant to 47 CSR 30 are not Level 1 tanks for the purpose of this rule unless the tank is located within a zone of critical concern.”

And,

On page forty-one, after paragraph 8.2.e.4., by inserting the following new paragraph:

8.2.f. The tank owner or operator must submit to the Secretary documentation of new construction design criteria and engineering specifications approved by a professional engineer or by an individual certified by API or STI to perform installations or by a person holding certification under another program approved by the Secretary as follows:

8.2.f.1. If the new construction is for a Level 1 AST, these new construction design criteria and engineering specifications must indicate that sufficient controls are present to protect water supplies.

8.2.f.2. If the new construction is located at a site with karst topography, these new construction design criteria and engineering specifications must indicate that surface or subsurface conditions will not result in excessive tank system settlement or unstable support of the proposed regulated AST system.” 

(n) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section six, article six-a, chapter twenty-two, of this code, modified by the Department of Environmental Protection, Oil and Gas to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on November 23, 2015 relating to the Department of Environmental Protection, Oil and Gas (horizontal well development, 35 CSR 8), is authorized.

 

NOTE: The purpose of this bill is to authorize the Department of Environmental Protection, Air Quality to promulgate a series of legislative rules.

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

 

 

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