COMMITTEE SUBSTITUTE
FOR
H. B. 2601
(
By Delegates Brown, Miley, Burdiss and Talbott
)
(Originating in the Committee on the Judiciary)
[February 20, 2007]
A
BILL
to amend and reenact article 3, chapter 64 of the code of
West Virginia, 1931, 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;
repealing certain legislative rules;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the
control of air
pollution from the combustion of refuse
;
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 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
haza
rdous waste management
system
;
authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to requirements
governing water quality standards
; authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to the
individual state certification of activities
requiring a federal permit
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the ambient air quality standards
; 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 emission standards for hazardous air
pollutant
s
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
control of annual nitrogen oxides emissio
ns
; 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 the
control of annual sulfur dioxide emissions
; authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to the West Virginia explosives and
blasting rule
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
surface mining reclamation
; relating to authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to the coalbed methane wells
;
relating to authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
voluntary remediation and redevelopment
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to
antidegradation implementation
procedures
;
authorizing the Department of Environmental Protection to prom
ulgate a legislative rule relating to the
recycling assistance grant program
;
authorizing the Department
of Environmental Protection to prom
ulgate a legislative rule
relating to the WV/NPDES rules for coal mining facilities
;
authorizing the Department of Environmental Protection to
prom
ulgate a legislative rule relating to
standards for
beneficial use of filtrate from water treatment plants
;
repealing a
legislative rule relating to the
Ambient Air
Quality Standards for Carbon Monoxide and Ozone
;
repealing a
legislative rule relating
Ambient Air Quality Standards for
Nitrogen Dioxide
;
repealing a
legislative rule relating
Emission Standards for Hazardous Air Pollutants Pursuant to 40
CSR Part 61
; and
repealing a
legislative rule relating
To
Prevent and Control Emissions from Hospital/Medical Infectious
Waste Incinerators
.
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 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
twenty-seventh day of July, two thousand six, 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 the combustion of refuse, 45 CSR 6),
is authorized.
(b) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, 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.
(c)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, 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.
(d) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section six, article eighteen, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(haza
rdous waste management system, 33 CSR 20), is authorized.
(e)
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section seven-b, article eleven, chapter twenty-two,
of this code, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR
2), is authorized.
(f) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section seven-a, article eleven, chapter twenty-two,
of this code, relating to the Department of Environmental
Protection (individual state certification of activities requiring
a federal permit, 47 CSR 5A), is authorized.
(g) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, 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 the twenty-eighth
day of November, two thousand six, 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 the
twenty-seventh day of July, two thousand six, 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 the twenty-eighth
day of November, two thousand six, relating to the Department of Environmental Protection (control of air pollution from combustion
of solid
waste, 45 CSR 18), is authorized.
(i) T
he legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, 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 the twenty-eighth
day of November, two thousand six, relating to the Department of
Environmental Protection (emission standards for hazardous air
pollutant
s, 45 CSR 34), is authorized.
(j) T
he legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 the thirteenth day
of December, two thousand six, relating to the Department of
Environmental Protection (control of annual nitrogen oxides
emissio
ns, 45 CSR 39), is authorized.
(k)
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 the twenty-eighth
day of November, two thousand six, relating to the Department of
Environmental Protection (control of ozone season nitrogen oxides
emissions, 45 CSR 40), is authorized.
(l) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 the twenty-eighth
day of November, two thousand six, relating to the Department of
Environmental Protection (control of annual sulfur dioxide
emissions, 45 CSR 41), is authorized.
(m) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section four, article three-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 the nineteenth day
of January, two thousand seven, relating to the Department of
Environmental Protection (West Virginia explosives and blasting
rule, 19
9 CSR 1), is authorized.
(n) T
he legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, 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 the twentieth day of
December, two thousand six, relating to the Department of
Environmental Protection (surface mining reclamation, 38 CSR 2), is
authorized.
(o) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section four, article twenty-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 the
seventeenth day of January, two thousand seven, relating to the
Department of Environmental Protection (coalbed methane wells, 35
CSR 3), is authorized
with the following amendment:
"on page 28, subdivision 16.2.e., by striking the words 'five
(5)' and inserting in lieu thereof, the words 'fifteen (15)'.
"
(p) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section three, article twenty-two, 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 the twenty-
fifth day of October, two thousand six, relating to the Department
of Environmental Protection (voluntary remediation and
redevelopment, 60 CSR 3), is authorized.
(q) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section seven-b, 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 the
eighteenth day of January, two thousand seven, relating to the
Department of Environmental Protection (antidegradation
implementation procedures, 60 CSR 5), is authorized.
(r) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section three, 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 the twenty-
fifth day of October, two thousand six, relating to the Department
of Environmental Protection (recycling assistance grant program, 33
CSR 10)
, is authorized.
(s) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, 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 the nineteenth day
of January, two thousand seven, relating to the Department of
Environmental Protection (WV/NPDES rules for coal mining
facilities, 47 CSR 30), is authorized.
(t) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section twenty-three, 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 the
seventeenth day of January, two thousand seven, relating to the
Department of Environmental Protection (standards for beneficial
use of filtrate from water treatment plants, 33 CSR 9), is
authorized with the following amendments:
On page 14, subdivision 10.1.b., by striking the proviso at
the end of the paragraph, inserting a period and the following
sentence:
"The filtrate shall be monitored each time the water treatment
plant processing procedure is changed, otherwise the filtrate shall
be monitored once a year."
And,
On page 17, by striking Appendix A of the rule in its
entirety.
(u)
The legislative rule currently in effect as 45CSR9,
(Ambient Air Quality Standards for Carbon Monoxide and Ozone)
filed
by the Department of Environmental Protection
under the authority
of section four, article five, chapter twenty-two of this code, is
repealed.
(v)
The legislative rule currently in effect as 45CSR12,
(Ambient Air Quality Standards for Nitrogen Dioxide)
filed
by the
Department of Environmental Protection
under the authority of
section four, article five, chapter twenty-two of this code, is
repealed.
(w)
The legislative rule currently in effect as 45CSR15,
(Emission Standards for Hazardous Air Pollutants Pursuant to 40 CSR
Part 61)
filed by the Department of Environmental Protection
under
the authority of section four, article five, chapter twenty-two of
this code, is repealed.
(x)
The legislative rule currently in effect as 45CSR24, (To
Prevent and Control Emissions from Hospital/Medical Infectious
Waste Incinerators)
filed
by the Department of Environmental
Protection
under the authority of section four, article five,
chapter twenty-two of this code, is repealed.