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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 153
(Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer, original sponsors)
__________
[Passed April 8, 2009; in effect from passage.]
__________
AN ACT 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 various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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 rule with various modifications presented
to and recommended by the Legislative Rule-Making Review
Committee; repealing certain legislative rules; 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 hazardous waste management systems; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to the assessment of civil
administrative penalties
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the hazardous waste management fee
; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to surface mining reclamation
;
authorizing the Department of Environmental Protection to
repeal a legislative rule relating to the control and
reduction of nitrogen oxides from nonelectric-generating units
as a means of mitigate transport of ozone precursors
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards
; authorizing the Department 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, permission to commence construction
and procedures for evaluation
; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of
major stationary sources of air pollution for the prevention
of significant deterioration
; 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 repeal a legislative
rule relating to the Nox budget trading program as a means of
control and reduction of nitrogen oxides from electric-
generating units
; 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 a mercury budget training program
to reduce mercury emissions
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the WV/NPDES rules for coal mining facilities
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the State Water
Pollution Control Revolving Fund
; authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to environmental laboratories' certification and
standards of performance
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to dam safety
; and authorizing the Department of Environmental Protection to promulgate a legislative rule
relating to the assessment of civil administrative penalties
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to voluntary
remediation and redevelopment
.
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 August
28, 2008, 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.
(b)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section six, article
eighteen, 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 October 24, 2008, relating to the Department of
Environmental Protection (hazardous waste management systems, 33
CSR 20), is authorized.
(c)
The legislative rule filed in the State Register on August 28, 2008, authorized under the authority of section fifteen,
article fifteen, 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 November 21, 2008, relating to the Department of
Environmental Protection (assessment of civil administrative
penalties, 33 CSR 22), is authorized.
(d)
The legislative rule filed in the State Register on August
26, 2008, authorized under the authority of section twenty-two,
article eighteen, 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 October 24, 2008, relating to the Department of
Environmental Protection (hazardous waste management fee, 33 CSR
24), is authorized.
(e)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article
three, 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 17, 2009, relating to the Department of
Environmental Protection (surface mining reclamation, 38 CSR 2), is
authorized.
(f)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control and reduction of nitrogen
oxides from nonelectric-generating units as a means of mitigate
transport of ozone precursors, 45 CSR 1), is authorized.
(g)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article
five, 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 November 21, 2008, relating to the Department of
Environmental Protection (ambient air quality standards, 45 CSR 8),
is authorized.
(h)
The legislative rule filed in the State Register on August
29, 2008, 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,
modification, relocation and operation of stationary sources of air
pollutants, notification requirements, administrative updates,
temporary permits, general permits, permission to commence
construction and procedures for evaluation, 45 CSR 13), is
authorized.
(i)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article
five, 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 January 16, 2009, relating to the Department of
Environmental Protection (permits for construction and major
modification of major stationary sources of air pollution for the
prevention of significant deterioration, 45 CSR 14), is authorized.
(j)
The legislative rule filed in the State Register on August
29, 2008, 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 and disposal facilities, 45 CSR
25), is authorized.
(k)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (Nox budget trading program as a means
of control and reduction of nitrogen oxides from electric-
generating units, 45 CSR 26), is authorized.
(l)
The legislative rule filed in the State Register on August
29, 2008, 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.
(m)
The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department of Environmental Protection (mercury budget training program to
reduce mercury emissions, 45 CSR 37), is authorized.
(n)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section four, article
eleven, 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 17, 2009, relating to the Department of
Environmental Protection (WV/NPDES rules for coal mining
facilities, 47 CSR 30), is authorized.
(o)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section three, article
two, chapter twenty-two-c of this code, relating to the Department
of Environmental Protection (state water pollution control
revolving fund, 47 CSR 31), is authorized.
(p)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section fifteen,
article one, 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 12, 2008, relating to the Department of
Environmental Protection (environmental laboratories certification
and standards of performance, 47 CSR 32), is authorized.
(q)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section six, article eighteen, 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 January 22, 2009, relating to the Department of
Environmental Protection (dam safety, 47 CSR 34), is authorized.
(r)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section ten, article
twelve, 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 November 21, 2008, relating to the Department of
Environmental Protection (assessment of civil administrative
penalties, 47 CSR 56), is authorized.
(s)
The legislative rule filed in the State Register on August
25, 2008, authorized under the authority of section three, article
twenty-two, chapter twenty-two of this code, relating to the
Department of Environmental Protection (voluntary remediation and
redevelopment, 60 CSR 3), is authorized.