ENROLLED
H. B. 2744
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch and Riggs)
[Passed April 12, 1997; in effect from passage.]
AN ACT to repeal sections six, seven, eight, nine, ten, eleven and
twelve, article eleven, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections one, two, three, four and
five of said article, all relating generally to the
promulgation of administrative rules by the various executive
and administrative agencies; authorizing certain agencies to
modify certain legislative rules for the limited purpose of
updating and making technical corrections to those legislative
rules.
Be it enacted by the Legislature of West Virginia:
That sections six, seven, eight, nine, ten, eleven and twelve,
article eleven, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be repealed; and
that sections one, two, three, four and five of said article be amended and reenacted, all to read as follows:
ARTICLE 11. TECHNICAL COORRECTIONS TO THE CODE OF STATE TRTERULES.
§64-11-1. West Virginia board of occupational therapy.
The legislative rule relating to the West Virginia board of
occupational therapy (administrative rules of the board of
occupational therapy, 13 CSR 1), effective the ninth day of June,
one thousand nine hundred ninety-three, is reauthorized with the
following amendments:
"On page 1, subsection 2.2, by striking out the words '"AOTCB"
means the American Occupational Therapy Certification Board',and
inserting in lieu thereof the words '"NBCOT" means the National
Board for Certification in Occupational Therapy.';
On page 1, subsection 2.6, by inserting the word 'is'
immediately following the word 'license'; and
Beginning on page 2, subsection 2.18, and continuing
throughout the text of the rule, by striking out the initials
'AOTCB' and inserting in lieu thereof the initials 'NBCOT'."
§64-11-2. Division of environmental protection, office of mining
and reclamation and office of abandoned mine lands
and reclamation.
(a) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(regulations for mining and reclamation of minerals other than
coal, 38 CSR 2B), effective the first day of January, one thousand
nine hundred eighty-three, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
Beginning on page 1, in the first sentence of section 2, and
continuing throughout the text of the rule, by striking out the
words 'these regulations' and inserting in lieu thereof the words
'this rule';
Beginning on page 2, subsection 2.16, and continuing
throughout the text of the rule, by striking out the words
'Department of Natural Resources' and inserting in lieu thereof
'Division of Environmental Protection', and by striking out the
words 'Division of Reclamation' and inserting in lieu thereof,
'Office of Mining and Reclamation';
Beginning on page 6, subdivision 5.3.a, and continuing
throughout the text of the rule, by striking out the words 'Article
six-D (6d), Chapter twenty (20), Code of West Virginia', and
inserting in lieu thereof the words 'W. Va. Code Chapter 22,
Article 4';
Beginning on page 8, subsection 6A.2., and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words 'MINING AND RECLAMATION' and inserting in lieu thereof the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line
;
On page 1, subsection 1.2, by striking out the words 'W.Va.
Code §20-1-7 and §20-6D' and inserting in lieu thereof the words
'W. Va. Code § 22-1-3 and § 22-4-1';
On page 1, in the first sentence of section 2, by striking out
the words 'Article Six (6), Chapter twenty (20), Code of West
Virginia' and inserting in lieu thereof the words 'W. Va. Code
Chapter 22, Article 4';
On page 3, subsection 2.45, by striking out the words 'Water
Resources' and inserting in lieu thereof the words 'Environmental
Protection';
On page 5, subsection 4.1, by striking out the words 'Section
eleven A (11a), Article six d (6d), Chapter twenty (20) of the Code
of West Virginia' and inserting in lieu thereof 'W. Va. Code § 22- 4-11';
On page 6, subdivision 5.5.a., by striking out the words
'Reclamation Division' and inserting in lieu thereof the words
'Office of Mining and Reclamation';
On page 9, subsection 6A.3, after the words 'State Department
of Health', by inserting the words 'and Human Resources';
On page 9, subsection 6B.2, by striking the words 'section six
D (6d) or six E (6e)' and inserting in lieu thereof 'section 6D or
6E';
On page 15, subparagraph 7B.a.2.B, by deleting 'section
'7B.1(a)(2)' and inserting in lieu thereof ' paragraph 7B.1.a.2';
On page 17, subsection 8.6, in the first sentence, by striking
out the words 'Article six (D) (6d), Chapter twenty (20), Section
nine (9), Code of West Virginia', and inserting in lieu thereof,
'W. Va. Code § 22-4-9';
And,
On page 17, subdivision 9.2.c, by striking out the words
'Section sixteen (16), Article six D (6d), Chapter twenty (20),
Code of West Virginia', and inserting in lieu thereof 'W. Va. Code
§ 22-4-16'."
(b) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(standards for certification of blasters - surface coal mines, 38
CSR 2C), effective the first day of May, one thousand nine hundred
ninety-five, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by inserting the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line
;
And,
On page 3, section 4, in the second sentence, by striking out the first appearance of the words 'subparagraph a-k, paragraph 1,'
and inserting in lieu thereof the words 'paragraphs 5.1.a.1 through
5.1.a.11 of', and by striking out the words 'subparagraph a-k,
paragraph 1,' and inserting in lieu thereof the words 'paragraphs
5.2.a.1 through 5.2.a.11 of'."
(c) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(abandoned mine lands reclamation rule, 38 CSR 2D), effective the
twenty-sixth day of June, one thousand nine hundred ninety-five, is
reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of rule, by striking out the title reference '38' and
inserting in lieu thereof the title reference '59';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series reference '2D' and
inserting in lieu thereof the series reference '1';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by inserting the
words 'OFFICE OF ABANDONED MINE LANDS AND RECLAMATION' on the fifth
line
;
On page 3, subparagraph 3.3.b.4.E, by striking out the words 'paragraph (b), (2) of this section' and inserting in lieu thereof
the words 'paragraph 3.3.b.2 of this section';
On page 3, paragraph 4.3.b.1, by striking out the words
'paragraph a of this section' and inserting in lieu thereof the
words 'subdivision 4.3.a of this section';
On page 6, subparagraph 4.5.a.7.E, by striking out the words
'subsection (b) or (c)' and inserting in lieu thereof the words
'subparagraph 4.5.a.7.B or 4.5.a.7.C';
On page 7, in the first sentence of subdivision 4.5.b., by
striking out the words 'subsection (a) of this section' and
inserting in lieu thereof the words 'subdivision 4.5.a of this
subsection';
On page 7, in the second sentence of subdivision 4.5.b, by
striking out the words 'subsection (a) of this section' and
inserting in lieu thereof the words 'subdivision 4.5.a of this
subsection';
On page 8, subdivision 5.3.e, by striking out the reference
'2D-5' and inserting in lieu thereof the reference '5';
On page 12, paragraph 6.5.e.2, by striking out the words
'paragraph (e) of this section' and inserting in lieu thereof the
words 'subdivision 6.5.e of this subsection';
On page 12, paragraph 6.5.e.4, by striking out the words
'paragraph (e) of this section' and adding in lieu thereof the
words 'subdivision 6.5.e of this subsection';
On page 12, subsection 7.1, by adding the prefix 'sub' before
the word 'section';
On page 12, subdivision 7.2.b, by striking out the words
'paragraph (a) of this section' and inserting in lieu thereof the
words 'subdivision 7.2.a of this subsection';
On page 13, subdivision 7.2.d, by striking out the words
'7.3(a)(1),(2), or (3) of this section' and inserting in lieu
thereof the words 'paragraphs 7.3.a.1, 2, or 3 of this section';
And,
On page 14, subdivision 8.4.c, by striking out the words
'section 8.4(b) of this rule' and inserting in lieu thereof the
words 'subdivision 8.4.b of this subsection'."
(d) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(groundwater protection regulations coal mining operations, 38 CSR
2F), effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words 'MINING AND RECLAMATION' and inserting in lieu thereof the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line
;
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and inserting in lieu thereof the word 'rule';
Beginning on page 1, subsection 1.1., and continuing
throughout the text of the rule, by striking out the words 'Chapter
22A, Article 3' and inserting in lieu thereof the words 'Chapter
22, Article 3', and by striking out the words 'Chapter 20, Article
5A' and inserting in lieu thereof the words 'Chapter 22, Article
11';
On page 1, subsection 1.1., by striking out the words 'Chapter
20-5M-1 et seq. of the West Virginia Code' and inserting in lieu
thereof the words 'W. Va. Code § 22-12-1 et seq.';
On page 1, subsection 1.2., by striking out the code reference
'20-5M-5' and inserting in lieu thereof the code reference '§ 22-
12-5';
On page 1, subsection 2.1., by striking out the code reference
'20-5M-1' and inserting in lieu thereof the code reference '§ 22-
12-1';
On page 1, subsection 2.2, by striking out the words
'subsection (w), Section (3), Article 3, Chapter 22A (the West
Virginia Surface Coal Mining and Reclamation Act) of the Code of
West Virginia, 1931' and inserting in lieu thereof the words 'W.
Va. Code § 22-3-3(u)';
On page 2, subsection 2.12., by striking out the code reference
'20-5M-5(h)' and inserting in lieu thereof '22-12-5(h)';
On page 2, subsection 3.2., by striking out the code reference
'20-5A-1' and inserting in lieu thereof the code reference '22-11- 1', and by striking out the code reference '22A-3-1' and inserting in lieu thereof the code reference '22-3-1';
And,
On page 2, subsection 3.2, by striking out the words 'Water
Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board'."
§64-11-3. Division of environmental protection, office of air
quality.
(a)The legislative rule relating to the office of air
quality (to prevent and control air pollution from coal refuse
disposal areas, 45 CSR 1), effective the first day of January, one
thousand nine hundred and sixty-five, is reauthorized with the
following amendments:
"Beginning on page 1, in the title of the rule, by inserting
the words 'OFFICE OF' immediately before the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5' and inserting in lieu thereof the code reference '§
22-5-1 et seq.';
On page 1, subsection 2.1, by striking out the words '-- The
term' and inserting in lieu thereof the word 'or';
On page 1, subsection 2.1, and continuing throughout the text
of the rule, by striking out the code reference 'section two of
chapter sixteen, article twenty of the Code of West Virginia, 1931'
and inserting in lieu thereof the code reference 'W. Va. Code § 22- 5-2';
On page 1, subsection 2.2, by striking through the period
immediately following the words 'Coal Refuse';
On page 1, subsection 2.3, by striking through the period
immediately following the words 'Coal Refuse Pile';
On page 1, subsection 2.3, by striking through the period
immediately following the words 'Coal Refuse Disposal Area';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words '-- Any', and
inserting in lieu thereof the words 'means any';
On page 1, subsection 2.5, by striking out the words '-- The'
and inserting in lieu thereof the words 'means the';
Beginning on page 1, subsection 2.6, second paragraph, and
continuing throughout the text of the rule, by striking out the
word 'regulation' and inserting in lieu thereof the word 'rule';
And,
Beginning on page 2, subsection 3.1, and continuing throughout
the text of the rule, by striking out the word 'Commission' and
inserting in lieu thereof the word 'Director'."
(b) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from combustion
of fuel in indirect heat exchangers, 45 CSR 2), effective the first
day of May, one thousand nine hundred and ninety-five, is
reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.6, by striking out the code reference
'sections six or eight, article one, chapter twenty-two of the West
Virginia Code', and inserting in lieu thereof the code reference
'W. Va. Code § 22-1-6 or § 22-1-8';
On page 2, subdivision 2.12.a, by striking out the apostrophes
enclosing the words 'design heat input (dhi)', and inserting in
lieu thereof quotation marks;
On page 2, subdivision 2.12.b, by striking out the apostrophes
enclosing the words 'total design heat input (tdhi)', and inserting
in lieu thereof quotation marks,
On page 2, subdivision 2.12.c, by striking out the apostrophes
enclosing the words 'normal maximum operating load (nmol)', and
inserting in lieu thereof quotation marks;
On page 2, subsection 2.16, by striking out the word 'the'
immediately preceding the words '45CSR2';
On page 4, subdivision 3.4.g, by striking out the word
'regulations', and inserting in lieu thereof the word 'rules';
On page 5, subsection 7.1, by striking out the words 'Code of
West Virginia', and inserting in lieu thereof the words 'West
Virginia Code';
On page 7, subsection 12.1, by striking through the word
'regulation' and inserting in lieu thereof the word 'rule'."
And,
On page 7, subsection 12.1, by striking out the words 'rule or
regulation', and inserting in lieu thereof the words 'or rule'."
(c) The legislative rule relating to the office of air quality (to prevent and control air pollution from the operation of hot mix
asphalt plants, 45 CSR 3), effective the twenty-seventh day of
October, one thousand nine hundred seventy-nine, is reauthorized
with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq.';
On page 1, subsection 2.1, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', an inserting in lieu thereof the words 'W. Va. Code §
22-5-2';
On page 1, subsection 2.2, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 2.3 and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 2.3, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the words 'Division of Environmental Protection';
On page 2, subsection 2.11, by striking out the words 'shall
be', and inserting in lieu thereof the word 'means';
Beginning on page 2, subsection 2.11 and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 2, subsection 2.14, by striking out the word 'is';
Beginning on page 2, subsection 2.14 and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 2, subsection 2.15, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia, 1931', and inserting in lieu thereof the code reference
'W. Va. Code § 22-5-1 et seq';
On page 3, subsection 6.3, by striking out the code reference
'chapter sixteen, article twenty, section 11(b) of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-11';
On page 3, subsection 6.3, by striking out the reference
'Regulation 13', and inserting in lieu thereof the reference
'45CSR13';
And,
On page 3, subsection 8.1, by striking out the code reference
'section five of chapter sixteen, article twenty, paragraph
seventeen, of the code of West Virginia', and inserting in lieu
thereof the code reference 'W. Va. Code § 22-5-4'."
(d) The legislative rule relating to the office of air
quality (to prevent and control the discharge of air pollutants
into the open air which causes or contributes to an objectionable
odor or odors, 45 CSR 4), effective the first day of October, one
thousand nine hundred and sixty-seven, is reauthorized with the
following amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF ' immediately prior to the words AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.3, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.1, and continuing throughout the text
of the rule, by striking out the words 'shall mean' and inserting
in lieu thereof the word 'means';
On page 1, subsection 2.6, by striking out the words 'Air
Pollution Control Commission' and inserting in lieu thereof the
word 'Director';
Beginning on page 1, subsection 2.7, and continuing throughout the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 2.7, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
And,
On page 1, subsection 2.7, by striking out the code reference
'chapter sixteen, article twenty, section two of the Code of West
Virginia, 1931,', and inserting in lieu thereof the code reference
'W. Va. Code § 22-5-1 et seq'."
(e) The legislative rule relating to the office of air
quality (to prevent and control air pollution from the operation of
coal preparation plants and coal handling operations, 45 CSR 5),
effective the first day of May, one thousand nine hundred and
ninety-five, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, subsection 1.2, by striking out the code reference
'§§22-1-3, 22-5-4', and inserting in lieu thereof the code
reference '§ 22-5-1 et seq';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]'; On page 2, subsection 2.20, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
by inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 4, subsection 6.3.c.5, by striking out the words
'Section 6.3.c.A', and inserting in lieu thereof the words
'paragraph 6.3.c.1';
On page 8, subsection 11.3, by striking out the word
'Commission', and inserting in lieu thereof the words 'Air Quality
Board';
And,
On page 8, subdivision 12.1.a, by striking out the word
'Commission', and inserting in lieu thereof the word 'Director'."
(f) The legislative rule relating to the office of air
quality (to prevent and control air pollution from combustion of
refuse, 45 CSR 6), effective the first day of May, one thousand
nine hundred and ninety-five, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.1, by striking out the code reference
'section two, article twenty, chapter sixteen of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va. Code § 22-5-2';
Beginning on page 1, subsection 2.6, and throughout the text
of the rule, by striking out the word 'regulation', and inserting
in lieu thereof the word 'rule';
And,
On page 2, subsection 2.18, by striking out the code reference
'§22-5-2', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq'."
(g) The legislative rule relating to the office of air
quality (to prevent and control particulate air pollution from
manufacturing process operations, 45 CSR 7), effective the twenty- seventh day of April, one thousand nine hundred and ninety-four, is
reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by striking out the words
'AIR POLLUTION CONTROL COMMISSION', and inserting in lieu thereof
the words 'DIVISION OF ENVIRONMENTAL PROTECTION' on one line and
'OFFICE OF AIR QUALITY' on the next line;
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference '§16-20-2', and inserting in lieu thereof the code reference '§22- 5-2';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.3, by striking out the words 'shall
mean', and inserting in lieu thereof the word 'means';
Beginning on page 1, subsection 2.8, and continuing throughout
the text of the rule, by striking out the word 'Chief', and
inserting in lieu thereof the word 'Director';
On page 4, subsection 2.44, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq., as amended.', and
inserting in lieu thereof the words '[RESERVED]';
On page 4, subsection 2.45, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 5, paragraph 3.3.e.3, by striking out the references
'3.3.e.A. or 3.3.e.B' and inserting in lieu thereof the references
'3.3.e.1 or 3.3.e.2';
On page 6, paragraph 3.4.e.3, by striking out the references
'3.4.e.A. and 3.4.e.B', and inserting in lieu thereof the
references '3.4.e.1 and 3.4.e.2';
On page 11, section 7, by striking through the code reference
'§16-20-1, et, seq.', and inserting in lieu thereof the code
reference '§ 22-5-1, et seq.';
And,
On page 11, section 7, by striking through the words 'this
agency', and inserting in lieu thereof the reference 'Title 45'."
(h) The legislative rule relating to the office of air quality
(ambient air quality standards for sulfur oxides and particulate
matter, 45 CSR 8), effective the twenty-fifth day of April, one
thousand nine hundred and ninety, is reauthorized with the
following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 1, subsection 1.2, by striking out the code references
'§§16-20-5 and 16-20-1 through 13', and inserting in lieu thereof
the code reference '§ 22-5-1 et seq';
On page 1, subsection 2.2, by striking out the code reference 'WV Code 16-20-2', and inserting in lieu thereof the code reference
'W. Va. Code § 22-5-2';
Beginning on page 2, section 5, and continuing throughout the
text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
And,
On page 2, section 5, immediately following the word 'method',
by striking out the word 'rule'."
(i) The legislative rule relating to the office of air
quality (regulations pertaining to ambient air quality standards
for carbon monoxide, nonmethane hydrocarbons, and ozone, 45 CSR 9),
effective the twenty-second day of October, one thousand nine
hundred and eighty, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, in the title of the rule, by striking out the word
'REGULATIONS', and by inserting in lieu thereof the word 'RULES';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq.';
On page 1, subsection 3.3, by striking out the words '"Commission" shall mean the West Virginia Air Pollution Control
Commission', and by inserting in lieu thereof the words
'[RESERVED]';
Beginning on page 1, subsection 2.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 3.2, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-2';
On page 2, subsection 3.7, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule';
And,
Beginning on page 2, subsection 5.1, and continuing throughout
the text of the rule, by striking out the words 'West Virginia Air
Pollution Control Commission', and inserting in lieu thereof the
word 'Director'."
(j) The legislative rule relating to the office of air quality
(to prevent and control air pollution from the emission of sulfur
oxides, 45 CSR 10), effective the twenty-seventh day of April, one
thousand nine hundred and ninety-four, is reauthorized with the
following amendments:
"
Beginning on page 1, and continuing throughout the text of the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.", and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subdivision 1.1.b, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof 'Director';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20-2', and inserting in lieu thereof the code reference '§ 22- 5-2';
On page 2, subsection 2.17, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq, as amended.', and
inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.18, by striking out the words 'that
Division of the West Virginia Department of Commerce, Labor, and Environmental Resources', and inserting in lieu thereof the words
'the Division of Environmental Protection';
Beginning on page 4, subdivision 3.4.b, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 4, subdivision 3.8.a, by striking out the words
'paragraphs (b), (c), (d), (e), and (f) following', and inserting
in lieu thereof the words 'subdivisions 3.8.b through 3.8.f';
And,
On page 6, subsection 5.1, by striking out the words '§16-20- 1, et seq., as amended, and Series 13 of this agency', and
inserting in lieu thereof the words '§ 22-5-1 et seq., as amended,
and 45CSR13'."
(k) The legislative rule relating to the office of air quality
(prevention of air pollution emergency episodes, 45 CSR 11),
effective of the twenty-fifth day of April, one thousand, nine
hundred and ninety, is reauthorized with the following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code references
'§§16-20-5 and 16-20-1-13', and inserting in lieu thereof the code
reference '§ 22-5-1 et seq';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.3, by striking out the words 'West Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
Beginning on page 1, subsection 2.6, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'and/or
Commission';
Beginning on page 2, subdivision 3.1.a, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the word 'Director';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 3, subsection 3.2, striking out the reference 'WV Code
§45-11-6', and inserting in lieu thereof the words 'Section 6 of
this rule';
On page 4, subsection 6.2, and continuing throughout the text
of the rule, by striking out the reference 'W. Va. Code §45-11-5',
and inserting in lieu thereof the words 'Section 5 of this rule';
On page 5, subsection 7.1, by striking out the code reference
'W. Va. Code §16-20-10', and inserting in lieu thereof the code
reference 'W. Va. Code §22-5-8';
On page 5, section 8, in the heading, by striking out the word
'Regulations', and inserting in lieu thereof the word 'Rules';
And,
On page 5, subsection 8.1, by striking out the words 'rule'
immediately preceding the words 'or rule'."
(l) The legislative rule relating to the office of air quality
(ambient air quality standard for nitrogen dioxide, 45 CSR 12),
effective the fifteenth day of March, one thousand nine hundred and
seventy-two, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 3.3, by striking out the words
'"Commission shall mean the West Virginia Air Pollution Control
Commission', and by inserting in lieu thereof the words
'[RESERVED]';
On page 2, subsection 5.1, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the word 'Director';
Beginning on page 1, subsection 2.1, and continuing throughout
the text of the rule, by striking out the word "Commission", and inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 3.2, by striking out the code reference
'§16-20-2', and inserting in lieu thereof the code reference '§ 22- 5-2';
And,
On page 1, subsection 3.5, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule'."
(m) The legislative rule relating to the office of air quality
(permits for construction, modification, relocation and operation
of stationary sources of air pollutants, notification requirements,
temporary permits, general permits, and procedures for evaluation,
45 CSR 13), effective the twenty-seventh day of April, one thousand
nine hundred and ninety-four, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22-5-1 et seq';
On page 2, subsection 2.4, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq.', and by inserting
in lieu thereof the words '[RESERVED]';
Beginning on page 1, subdivision 2.1.a, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 1, subsection 2.3, by striking out the code reference
'article twenty, chapter sixteen of the W. Va. Code', and inserting
in lieu thereof the code reference 'W. Va. Code § 22-5-2';
On page 2, subsection 2.7, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.10, by striking out the words 'that
division of the Department of Commerce, Labor and Environmental
Resources', and inserting in lieu thereof the words 'the Division
of Environmental Protection';
On page 3, paragraph 2.17.b.2, by striking out the words
'subparagraph 2.13.b.A', and inserting in lieu thereof the words
'paragraph 2.17.b.1';
On page 3, subdivision 2.17.c, by striking out the words
'subparagraph 2.13.b.A', and inserting in lieu thereof the words
'paragraph 2.17.b.1';
On page 10, subsection 11.2, by striking out the words
'Commission rules', and inserting in lieu thereof the words 'rules
of the Director';
Beginning on page 4, subdivision 2.21.d, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof the word 'Director';
On page 5, subsection 2.28, by striking out the code reference
'chapter sixteen, article twenty, section two of the Code of West
Virginia, 1931', and inserting in lieu thereof the code reference
'W. Va. Code § 22-5-1 et seq.';
And,
Beginning on page 6, subsection 4.4, and continuing throughout
the text of the rule, by striking out the code reference '§16-20- 1', and inserting in lieu thereof the code reference '§ 22-5-1'."
(n) The legislative rule relating to the office of air quality
(permits for construction and major modification of major
stationary sources of air pollution for the prevention of
significant deterioration, 45 CSR 14), effective the first day of
May, one thousand nine hundred and ninety-five, is reauthorized
with the following amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 3, subsection 2.11, by striking out the words '"Chief of the Office of Air Quality" or "Chief" means the principal
administrative officer of the Office of Air Quality or other
designated representative appointed by the Director of the Division
of Environmental Protection pursuant to the provisions of W. Va.
Code §22-1-1 et seq.', and inserting in lieu thereof the words
'[RESERVED]'."
(o) The legislative rule relating to the office of air quality
(emission standards for hazardous air pollutants pursuant to 40 CFR
part 61, 45 CSR 15), effective the first day of May, one thousand
nine hundred and ninety-five, is reauthorized with the following
amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
."
(p) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from materials
handling, preparation, storage and sources of fugitive particulate
matter, 45 CSR 17), effective the first day of May, 1979, is
reauthorized with the following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 3.2, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.'; and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 3.3, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the
words 'Division of Environmental Protection';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 3, section 12, by striking out the words 'or
regulation';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.2, by striking out the code reference
'W.V. Code §16-20-5', and inserting in lieu thereof the code
reference 'W. Va. Code § 22-5-1 et seq';
On page 1, subsection 3.1, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-2';
Beginning on page 1, subsection 3.4, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 2, subsection 3.11, by striking out the words 'shall
include, but not be', and inserting in lieu thereof the words
'includes, but is not';
On page 2, subsection 3.12, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-1 et seq';
And,
On page 3, subsection 9.1, by striking out the code reference
'chapter sixteen, article twenty, section five, subsection
seventeen of the Code of West Virginia', and inserting in lieu
thereof the code reference 'W. Va. Code § 22-5-4'."
(q) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from direct meat- firing devices, 45 CSR 18), effective the first day of May, one
thousand nine hundred and seventy-nine, is reauthorized with the
following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'Section Two of Chapter Sixteen, Article Twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-2';
On page 1, subsection 2.3, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and inserting in lieu thereof the word 'means';
On page 1, subsection 2.4, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the
words 'Division of Environmental Protection';
On page 1, subsection 2.8, by striking out the words 'shall
be', and inserting in lieu thereof the word 'means';
Beginning on page 1, subsection 2.8, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 2, subsection 2.15, and continuing
throughout the text of the rule, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule';
On page 2, subsection 2.15, by striking out the code reference
'Chapter Sixteen, Article Twenty, Section Two of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-1 et seq';
On page 2, subsection 5.1, by striking out the code reference
'Section Five of Chapter Sixteen, Article Twenty, Paragraph
Seventeen of the Code of West Virginia', and inserting in lieu
thereof the code reference 'W. Va. Code § 22-5-4';
On page 2, section 6, by striking out the code reference
'Section Two of Chapter Sixteen, Article Twenty, Paragraph 11b of
the Code of West Virginia', and inserting in lieu thereof the code
reference 'W. Va. Code § 22-5-11';
And,
On page 2, section 6, by striking out the word 'Regulation 13 of this agency', and inserting in lieu thereof the reference
'45CSR13'."
(r) The legislative rule relating to the office of air quality
(requirements for pre-construction review, determination of
emission offsets for proposed new or modified stationary sources of
air pollutants and emission trading for intrasource pollutants,
45 CSR 19), effective the seventh day of July, one thousand nine
hundred and ninety-three, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 2, subsection 2.9, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of §22-1-1, et seq., of the West Virginia Code.',
and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.11, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.2, by striking out the words 'Commission or Chief', and inserting in lieu thereof the word
'Director';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the code reference
'Chapter 16, Article 20, of the code of West Virginia, of 1931, as
amended, (the Code)', and inserting in lieu thereof the code
reference 'W. Va. Code § 22-5-1 et seq., as amended';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq.';
On page 1, subsection 1.5, by striking out the words '1.5 Type.This regulation is a legislative rule as defined in
West Virginia Code, Chapter 29A, Article 2';
Beginning on page 1, subdivision 2.1.a, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 2, subsection 2.3, by striking out the words 'the West
Virginia Administrative Regulations of the Air Pollution Control
Commission', and inserting in lieu thereof the words 'rules of the
Director';
On page 2, subsection 2.3, by striking out the words 'the Code
of West Virginia, of 1931', and inserting in lieu thereof the code
reference 'W. Va. Code § 22-5-1 et seq.';
On page 2, subsection 2.6, by striking out the code reference
'Section Two of the West Virginia Code 16-20, as amended', and
inserting in lieu thereof the code reference 'W. Va. Code §
22-5-2';
On page 2, subsection 2.10, by striking out the code reference
'Chapter 16, Article 20, of the Code of West Virginia of 1931', and
inserting in lieu thereof the code reference 'W. Va. Code § 22-5-1
et seq.';
On page 2, subsection 2.10, by striking out the code reference
'Chapter 20, Article 5E of the Code of West Virginia of 1931', and
inserting in lieu thereof the code reference 'W. Va. Code § 22-18-1
et seq';
On page 3, subsection 2.15, by striking out the words 'that
Division of the Department of Commerce, Labor and Environmental
Resources', and inserting in lieu thereof the words 'the Division
of Environmental Protection';
On page 8, subsection 2.47, by striking out the code reference
'Chapter 16, Article 20, Section 2, of the Code of West Virginia,
1931', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-1 et seq';
On page 9, paragraph 4.1.a.2, by striking out the code
reference 'Chapter 16, Article 20, of the Code of West Virginia,
1931', and inserting in lieu thereof the code reference 'W. Va.
Code § 22-5-1 et seq.';
On page 9, paragraph 4.1.a.4, by striking out the words
'Subparagraph 4.1.a.C', and inserting in lieu thereof the words 'paragraph 4.1.a.3';
On page 10, subdivision 6.1.a, by striking out the words
'Subparagraphs 4.1.a.C and D', and inserting in lieu thereof the
words 'paragraphs 4.1.a.3 and 4.1.a.4';
On page 10, paragraph 6.1.b.1, by striking out the words
'Subparagraphs 4.1.a.C and D', and inserting in lieu thereof the
words 'paragraphs 4.1.a.3 and 4.1.a.4';
On page 12, paragraph 8.2.d.1, by striking out the words
'Subparagraph 4.1.a.D', and inserting in lieu thereof the words
'paragraph 4.1.a.4';
On page 12, paragraph 8.2.d.2, by striking out the words
'Subparagraphs 4.1.a.C and 8.2.a.A', and inserting in lieu thereof
the words 'paragraphs 4.1.a.3 and 8.2.a.1';
And,
Beginning on page 13, subsection 9.3, and continuing
throughout the text of the rule, by striking out the code reference
'Chapter 16, Article 20, Section 5 (17) of the Code', and inserting
in lieu thereof the code reference 'W. Va. Code § 22-5-4'."
(s) The legislative rule relating to the office of air quality
(good engineering practice as applicable to stack heights,
45 CSR 20), effective the fourteenth day of July, one thousand nine
hundred and eighty-nine, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format (standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 3, subdivision 2.6.a, by striking out the words 'APCC
Regulation XIV', and inserting in lieu thereof the words '45CSR14';
On page 3, subdivision 2.6.a, by striking out the words
'Regulation XVI', and inserting in lieu thereof the words
'45CSR16';
On page 4, subsection 2.8, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
On page 4, subsection 2.12, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 3, paragraph 2.6.b.1, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof the word 'Director';
On page 3, subdivision 2.7.a, by striking out the words 'APCC
Regulation XV', and inserting in lieu thereof the words '45CSR15';
On page 4, subdivision 2.7.a, by striking out the words 'APCC
Regulation XVI', and inserting in lieu thereof the words '45CSR16';
On page 4, subsection 2.11, by striking out the code reference
'§16-20-2, 1931', and inserting in lieu thereof the code reference
'§ 22-5-2';
On page 4, subsection 2.14, by striking out the code reference
'§16-20-2, 1931', and inserting in lieu thereof the code reference
'§ 22-5-1, et seq';
On page 4, subdivision 3.2.b, by striking out the words 'APCC
Regulation XIV', and inserting in lieu thereof the words '45CSR14';
On page 4, subsection 4.1, by striking out the words 'Sub- section 2.4.c.', and inserting in lieu thereof the words
'subdivision 2.4.c.';
On page 4, subsection 4.1, by striking out the words 'Section
2.4.b.A and B', and inserting in lieu thereof the words 'paragraphs
2.4.b.1 and 2.4.b.2';
On page 5, section 5, in the heading of the section, by
striking out the word 'Regulations', and inserting in lieu thereof
the word 'Rules';
And,
On page 5, subsection 5.1, by striking out the word 'rule'
immediately following the words 'provision, term, condition,
method,'."
(t) The legislative rule relating to the office of air quality
(air quality management fee program, 45 CSR 22), effective the
sixth day of May, one thousand nine hundred and ninety-one, is reauthorized with the following amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the words 'Air
Pollution Control Commission's', and inserting in lieu thereof the
word 'Director's';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1, et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20', and inserting in lieu thereof the code reference '§ 22-5- 2';
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.5, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
Beginning on page 2, subdivision 3.3.a, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Air Pollution Control';
On page 3, subdivision 4.2.a, by striking out the words 'or
Commission';
On page 3, subdivision 4.2.b, by striking out the words 'or
Commission';
Beginning on page 1, subsection 2.4, and throughout the text
of the rule, by striking out the word 'Commission', and inserting
in lieu thereof the word 'Director';
On page 2, subsection 3.1, by striking out the words 'Permits
for Construction, Modification or Relocation of Stationary Sources
of Air Pollution and Procedures for Registration and Evaluation',
and insert in lieu thereof the words 'Permits for Construction,
Modification, Relocation and Operation of Stationary Sources of Air
Pollutants, Notification Requirements, Temporary Permits, General
Permits, and Procedures for Evaluation';
And,
On page 6, subsection 4.6, by striking out the code reference
'§16-20-8', and inserting in lieu thereof the code reference '§ 22- 5-6'."
(u) The legislative rule relating to the office of air quality
(to prevent and control the emissions of toxic air pollutants, 45
CSR 27), effective the thirtieth day of June, one thousand nine
hundred and ninety, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the word
'Regulation 27', and inserting in lieu thereof the reference
'45CSR27';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq.';
On page 1, subsection 1.5, by striking out the words '1.5. Type.This regulation is a legislative rule as defined in
West Virginia code, Chapter 29A, Article 2.';
On page 1, subsection 2.1, by striking out the code reference
'Section 2, of Chapter 16, Article 20 of the Code of West Virginia,
as amended', and inserting in lieu thereof the code reference 'W.
Va. Code §22-5-2';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 2, subsection 2.5, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.'; and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.6, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
On page 2, subsection 2.6, by inserting the word 'or' between
the words 'Plant' and 'facility';
Beginning on page 4, subsection 8.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 4, subsection 9.1, by striking out the code reference
'WV Code §16-20-11b, as amended' and inserting in lieu thereof the
code reference 'W. Va. Code § 22-5-11';
And,
On page 5, subsection 13.1, by striking out the words 'rule
or' immediately following the words 'provision, term, condition,
method,'."
(v) The legislative rule relating to the office of air quality
(rule requiring the submission of emission statements for volatile
organic compound emissions and oxides of nitrogen emissions,
45 CSR 29), effective the seventh day of July, one thousand nine
hundred and ninety-three, is reauthorized with the following
amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the words 'chief of
Air Quality's', and inserting in lieu thereof the word
'Director's';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.7, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the Office of Air
Quality or his or her designated representative appointed by the
director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 1, subsection 2.8, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.12, by striking out the words
'Department of Commerce, Labor and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 4, section 6, by striking out the words 'commission,
director, or chief', and inserting in lieu thereof the word
'Director';
Beginning on page 2, subsection 2.25, and continuing
throughout the text of the rule, by striking out the word 'commission', and inserting in lieu thereof the word 'Director';
Beginning on page 3, subsection 2.28, and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'Director';
On page 3, subsection 3.2, by striking out the words 'of Air
Quality';
And,
On page 4, subsection 5.4, by striking out the code reference
'§16-20-12', and inserting in lieu thereof the code reference '§
22-5-10'."
(w) The legislative rule relating to the office of air quality
(requirements for operating permits, 45 CSR 30), effective the
twenty-seventh day of April, one thousand, nine hundred and ninety- four, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.5, by striking out the code reference
'article twenty, chapter sixteen, of the W. Va. Code , as amended', and inserting in lieu thereof the code reference 'W. Va. Code § 22- 5-2';
On page 2, subsection 2.8, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the Office of Air
Quality or his or her designated representative appointed by the
director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 2, subsection 2.10, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 24, subdivision 6.4.a.6, by striking out the words
'Commission rules', and inserting in lieu thereof the words 'rules
of the Director';
Beginning on page 2, subdivision 2.6.j, and throughout the
text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 2, subsection 2.6.l, and continuing
throughout the text of the rule, by striking through the word
'Chief', and inserting in lieu thereof the word 'Director';
On page 2, subsection 2.13, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 7, subdivision 2.34.a, by striking out the reference
'2.25.c.C', and inserting in lieu thereof the reference '2.26.c.3';
On page 8, subsection 2.44, by striking out the word
'trichloromethane', and inserting in lieu thereof the word
'trichloroethane';
On page 8, subdivision 2.44.d by striking out the code
reference '16-20-1', and inserting in lieu thereof the code
reference '22-5-1';
On page 12, subdivision 4.1.c, by striking out the code
reference '16-20-12', and inserting in lieu thereof the code
reference '22-5-10';
On page 12, paragraph 4.3.c.2, by striking out the words
'subparagraph 4.3.c.A. and inserting in lieu thereof the words
'paragraph 4.3.c.1', and by striking out the code reference '16-20- 1', and inserting in lieu thereof the code reference '22-5-1';
On page 13, paragraph 4.3.c.8, by striking out the words
'subparagraphs 4.3.c.A through G', and inserting in lieu thereof
the reference 'paragraphs 4.3.c.1 through 4.3.c.7';
On page 13, subdivision 4.3.e, by striking out the code
reference '16-20-1', and inserting in lieu thereof the code
reference '22-5-1';
On page 13, subdivision 4.3.e, by striking out the code
reference '20-5E-1', and inserting the code reference '22-18-1';
On page 13, subdivision 4.3.g, by striking out the word
'paragraph' in two places and inserting in lieu thereof the word
'subdivision', and by striking out the reference '5.1.a.C', and
inserting in lieu thereof the reference 'paragraph 5.1.a.3';
On page 15, subparagraph 5.1.c.1.B, by striking out the reference '5.1.c.C', and inserting in lieu thereof the reference
'5.1.c.3';
On page 15, subparagraph 5.1.c.1.B, by striking out the
reference '5.1.c.A', and inserting in lieu thereof the reference
'5.1.c.1';
On page 16, subparagraph 5.1.c.3.E, by striking out the code
reference '16-20-12', and inserting in lieu thereof the code
reference '22-5-10';
On page 21, paragraph 5.7.c.4, by striking out the words
'subpart 5.1.c.C.(c)(B)', and inserting in lieu thereof the words
'part 5.1.c.3.C.2';
On page 21, paragraph 5.7.c.4, by striking out the words 'part
5.1.c.D.(b)', and inserting in lieu thereof the reference
'subparagraph 5.1.c.3.B';
On page 25, subparagraph 6.5.a.1.B, by striking out the words
'part 6.5.a.A.(a)', and inserting in lieu thereof the words
'subparagraph 6.5.a.1.A';
On page 26, subparagraph 6.5.a.4.D, by striking out the
reference '6.5.a.D', and inserting in lieu thereof the reference
'6.5.a.4';
On page 26, paragraph 6.5.a.5, by striking out the reference
'6.5.a.D(a)', and inserting in lieu thereof the reference
'6.5.a.4.A';
On page 26, paragraph 6.5.a.5, by striking out the reference
'6.5.a.D.(c)', and inserting in lieu thereof the reference
'6.5.a.4.C';
On page 28, paragraph 6.8.a.3, by striking out the words
'subpart of 6.8.a.C.(a)', and inserting in lieu thereof the words
'part 6.8.a.3.A.3';
On page 28, paragraph 6.8.a.3, by striking out the reference
'part 6.8.a.C.(b)', and inserting in lieu thereof the reference
'subparagraph 6.8.a.3.B';
On page 29, part 6.8.a.4.A.5, by striking out the word
'paragraph' and inserting in lieu thereof the word 'subdivisions';
On page 29, subparagraph 6.8.a.4.B, by striking out the
reference 'part 6.8.a.D.(a)', and inserting in lieu thereof the
reference 'subparagraph 6.8.a.4.A';
On page 30, part 6.8.a.4.B.4, by striking out the words 'part
6.8.a.D.(a)', and inserting in lieu thereof the reference
'subparagraph 6.8.a.4.A';
On page 30, part 6.8.a.4.B.4, by striking out the words
'subparagraph 6.8.a.C', and inserting in lieu thereof the reference
'paragraph 6.8.a.3';
On page 30, subdivision 6.8.b, by striking out the words
'subparagraph 6.8.c.A', and inserting in lieu thereof the words
'paragraph 6.8.c.1';
On page 30, paragraph 6.8.c.2, by striking out the reference
'subparagraph 6.8.a.B', and inserting in lieu thereof the words
'paragraph 6.8.a.2';
On page 31, subdivision 6.9.a, by striking out the words
'subparagraph 6.8.a.C', and inserting in lieu thereof the words
'paragraph 6.8.a.3';
Beginning on page 34, subsection 8.6, and continuing
throughout the text of the rule, by striking out the code reference
'article twenty, chapter sixteen of the Code of West Virginia', and
inserting in lieu thereof the code reference 'W. Va. Code § 22-5-1
et seq.';
On page 35, subsection 10.2, by striking out the words 'order
of the chief or, any';
On page 35, subsection 10.2, by striking out the code
reference '16-20-8', and inserting in lieu thereof the code
reference '22-5-6';
And,
On page 35, subsection 12.4, by striking out the words 'this
subparagraph 4.1.a.E.' and inserting in lieu thereof the words
'paragraph 4.1.a.5'."
(x) The legislative rule relating to the office of air quality
(serious and minor violations of applicable rules, 45 CSR 32),
effective the seventh day of July, one thousand nine hundred and
ninety-three, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the words 'West Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Director';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference '§ 22- 5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20-1, et seq.', and inserting in lieu thereof the code
reference '§ 22-5-1, et seq';
On page 1, subsection 2.2, by striking out the words 'chief or
the commission', and inserting in lieu thereof the word 'Director';
On page 1, subsection 2.3, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the office of Air
Quality or his or her designated representative appointed by the
director of the Division of Environmental Protection pursuant to
the provisions of W. Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 1, subsection 2.4, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.6, by striking out the words 'that
Division of the Department of Commerce, Labor, and Environmental
Resources as', and inserting in lieu thereof the words 'the
Division of Environmental Protection';
On page 1, subsection 2.7, by striking the words 'or
regulation';
Beginning on page 2, subdivision 3.1.a, and continuing throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'Director';
And,
Beginning on page 2, subdivision 3.1.b, and continuing
throughout the text of the rule, by striking out the word
'commission', and inserting in lieu thereof the word 'Director'."
(y) The legislative rule relating to the office of air quality
(provisions for determination of compliance with air quality
management rules, 45 CSR 38), effective the first day of May, one
thousand nine hundred and ninety-five, is reauthorized with the
following amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
."
§64-11-4. Division of environmental protection, office of water
resources.
(a)The legislative rule relating to the division of
environmental protection, office of water resources (underground
injection control fee schedule, 47 CSR 9), effective the first day
of June, one thousand nine hundred ninety-four, is reauthorized
with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format (standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, by striking out the word
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§20-5A-5', and inserting
in lieu thereof '§ 22-11-8';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§22B-1-6', and inserting
in lieu thereof '§ 22-6-6';
On page 1, subsection 1.2, by striking out the code reference
'§20-5A-6a', and inserting in lieu thereof the code reference '§
22-11-10';
On page 1, subsection 2.2, by striking out the words
'Department of Commerce, Labor and Environmental Resource' and
inserting in lieu thereof the words 'Bureau of Environment';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the words '46 C.S.R.9' and
inserting in lieu thereof the words '47CSR13';
On page 1, subsections 2.3, 2.4, 2.5, 2.6 and 2.7, by striking
out the word 'paragraphs' and inserting in lieu thereof the word
'subdivisions';
On page 3, subdivision 3.4.a., by striking out the words '46 C.S.R. 2' and inserting in lieu thereof the words '46CSR10';
Beginning on page 3, subsection 4.2 and continuing throughout
the text of the rule, by striking out the code reference '§22B-1- 1', and inserting in lieu thereof the code reference '§ 22-6-1';
On page 5, subdivisions 8.5.a. and 8.5.e., by striking out the
word 'Section' and inserting in lieu thereof the word 'subsection';
On page 5, subdivision 8.5.a., by striking out the reference
'4.5.3. and inserting in lieu thereof the words 'subdivision
4.5.c.';
On page 5, subdivision 8.5.b., by striking out the words
'Subsection 8.5.1' and insert in lieu thereof the words
'subdivision 8.5.a';
On page 5, subdivision 8.5.c., by striking out the words
'Subsection 8.5.1' and insert in lieu thereof the words
'subdivision 8.5.a.';
And,
On page 5, subdivision 8.5.e., by striking out the reference
'7.5.3' and inserting in lieu thereof the words 'subdivision
7.5.c.';"
(b) The legislative rule relating to the division of
environmental protection, office of water resources (national
pollutant discharge elimination system (NPDES) program, 47 CSR 10),
effective the twenty-fifth day of August, one thousand nine hundred
ninety-three, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words 'WATER RESOURCES - WASTE MANAGEMENT' and inserting in lieu
thereof the words 'OFFICE OF WATER RESOURCES' on the fifth line
;
On page 1, in the title of the rule, by
striking out the word
'ELIMIATION' and inserting in lieu thereof the word 'ELIMINATION';
Beginning on page 1, subsection 1.2, and continuing throughout
the rule where applicable, by striking the code reference '§20-5A'
and inserting in lieu thereof '§22-11';
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
Beginning on page 1, first sentence in section 2, and
continuing throughout the text of rule, by striking out the words
'Chapter 20, Article 5A, Section 2 of the Code of West Virginia'
and inserting in lieu thereof the words 'W. Va. Code § 22-11-3';
On page 2, subdivision 2.12.b, by striking out the word
'worker' and inserting in lieu thereof the word 'work';
Beginning on page 5, subdivision 2.51, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Code, Chapter 20, Article 5A, Section 1', and inserting in
lieu thereof the words 'W. Va. Code § 22-11-1';
On page 6, paragraph 3.2.D, by striking out the word 'operatings' and inserting in lieu thereof the word 'operations';
Beginning on page 7, subdivision 3.5.b, and continuing
throughout the text of the rule, by striking out the words 'these
rules' and inserting in lieu thereof the words 'this rule';
On page 7, subdivision 3.5.b, by striking out the word
'filing' in the third sentence, and inserting in lieu thereof the
words 'permit application';
On page 7, subdivision 3.5.b, by striking out the words 'West
Virginia legislative rules, State Water Resources Board Series 3,
Section 7,' and inserting in lieu thereof '47CSR26';
On page 8, subdivision 4.1.a, by striking out the words
'Series 3, Section 7' and inserting in lieu thereof the words
'47CSR26';
Beginning on page 9, subsection 4.3, by striking out the code
reference 'Chapter 20-5A-5(b)(6) of the State Act' and inserting in
lieu thereof 'W. Va. Code § 22-11-8(b)(6)';
On page 9, paragraph 4.4.b.2, by striking out the word
'operatings' in the first sentence and inserting in lieu thereof
the word 'operations';
On page 11, part 4.4.b.7.B.1., by striking out the words
'chromotography/mass' and inserting in lieu thereof the words
'chromatography/mass';
On page 11, part 4.4.b.7.C.2., by striking out the word
'quantitataives' and inserting in lieu thereof the word
'quantitative';
On page 13, subsection 4.7, by striking out the words 'Series III, Section 8' and inserting in lieu thereof the words '47CSR26';
On page 16, subsection 5.5, by striking out the words 'State
Health Department Regulations' and inserting in lieu thereof the
words 'State Division of Health Rules';
On page 17, subdivision 5.10.a., by striking out the word
'conduced' and inserting in lieu thereof the word 'conducted';
Beginning on page 18, paragraph 5.12.e.1, and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 18, paragraph 5.12.e.4, by striking out the words
'Series 3, Section 1 of the Board's rules' and inserting in lieu
thereof the words '47CSR11-1';
On page 24, subdivision 7.2.b (previously 7.2.c), by striking
'Section 2 and 3 of Series 3 of the Legislative Rules' and
inserting in lieu thereof 'the Division of Environmental
Protection's legislative rule, 47CSR10, sections 3 and 4';
On page 24, subsection 7.3, by striking out the words 'Series
1' and inserting in lieu thereof the words '46CSR1';
On page 28, part 9.2.b.3.A.2, by striking out the word
'withdraw' and inserting in lieu thereof the word 'withdrawn';
On page 29, paragraph 9.2.b.13, by striking out the word
'being' on first line and inserting in lieu thereof the word
'begin';
On page 30, paragraph 9.4.a.4, by striking out the word
'required' and inserting in lieu thereof the word 'requires';
Beginning on page 30, subdivision 9.4.b., and continuing
throughout the text of the rule, by striking out the words 'Section
8', and inserting in lieu thereof the words 'Section 12';
On page 32, subdivision 11.3.b, by striking out the word
'They' and inserting in lieu thereof the word 'The';
On page 33, paragraph 12.1.a.2., by striking out the word
'section' and inserting in lieu thereof the word 'action';
On page 34, subparagraph 12.1.c.1.C, by striking out the word
'Department' and inserting in lieu thereof the word 'Division';
On page 35, subsection 12.2, in the first sentence, by
striking out the word 'not' and inserting in lieu thereof the word
'no';
On page 36, subdivision 12.5.a, by striking out the word
'permits' and inserting in lieu thereof the word 'permit';
On page 43, paragraph 14.1.a.1, by striking out the word
'Farrenheit' and inserting in lieu thereof the word 'Fahrenheit';
On page 44, subsection 14.5, after the word 'Chief', by
striking out the word 'to' and inserting in lieu thereof the word
'for';
On page 45, subdivision 16.1.a., by striking out the words '7,
8, 10 and 12a' and inserting in lieu thereof the words '11, 12, 15,
and 19';
On Page 45, subdivision 16.1.b., after the word 'Section', by
striking out the number '17' and inserting in lieu thereof the
number '22';
On Page 45, subdivision 16.1.c., after the word 'Section', by striking out the number '19' and inserting in lieu thereof the
number '24';
On page 45, subsection 17.1, by striking out the words
'Chapter 20, Article 5, Section 3(b)' and inserting in lieu thereof
the words 'Chapter 22B, Article 1';
And,
On page 45, section 18, by striking out the words 'Series 3'
and inserting in lieu thereof the words '47CSR11'."
(c) The legislative rule relating to the division of
environmental protection, office of water resources (special rules,
47 CSR 11), effective the first day of July, one thousand nine
hundred eighty-seven, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words 'WATER RESOURCES - WASTE MANAGEMENT' on the fifth line and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
On page 1, subsection 1.1, by striking out the words 'Series
1 and 2 of the State Water Resources Board's Legislative Rules' and
inserting in lieu thereof the words '46CSR1 and 47CSR10';
Beginning on page 1, subsection 1.2, and continuing throughout the text of the rule, by striking out the code reference '§20-5A'
and inserting in lieu thereof the code reference '§ 22-11 et seq';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words 'State Water
Resources' and inserting in lieu thereof the words 'Environmental
Quality';
Beginning on page 1, subdivision 2.2.a, and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 2, subsection 2.4, by striking out the words 'section
nine, article five A, chapter twenty of the West Virginia Code
shall be punishable under section nine, article five-A, chapter
twenty of the West Virginia Code' and inserting in lieu thereof the
words 'W. Va. Code § 22-11-14 shall be punishable under W. Va. Code
§ 22-11-24';
On page 3, subdivision 3.3.c, by striking out the words 'see
Section 8, Series 2' and inserting in lieu thereof the words 'See
46CSR1, section 8';
On page 3, section 4, by striking out the word 'care' and
inserting in lieu thereof the word 'car';
On page 5, subsection 6.6, by striking out the word 'of' and
inserting in lieu thereof the word 'or';
And,
On page 6, by striking out section 8 in its entirety, and
inserting in lieu thereof the words '(THIS SECTION IS SUPERSEDED BY 47CSR26)', and by renumbering the following section 9 as section
8."
(d) The legislative rule relating to the division of
environmental protection, office of water resources (underground
injection control, 47 CSR 13), effective the twenty-fifth day of
August, one thousand nine hundred ninety-three, is reauthorized
with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words '- WASTE MANAGEMENT' on the fifth line
;
Beginning on page 1, in the Editor's Note, and continuing
throughout the text of the rule, by striking out the words 'Water
Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the words 'these regulations'
and inserting in lieu thereof the words 'this rule';
Beginning on page 1, subdivision 1.1.a., and continuing
throughout the text of the rule, by striking out the word
'regulations' and inserting in lieu thereof the word 'rule';
Beginning on page 1, paragraph 1.1.e.4., and continuing throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with
the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 1, subsection 1.2, by striking the code reference
'§20-5A-3(b)(2)' and inserting in lieu thereof '§ 22-11-4(a)(16)';
On page 1, section 2, by striking out the code reference '§20- 5A-2' and inserting in lieu thereof the code reference '§ 22-11-3';
On page 3, subsection 2.24, by striking out the word 'orifc'
and inserting in lieu thereof the word 'orifice';
On page 3, subsection 2.28, by striking out the words 'Title
47, Legislative Rules, Division of Natural Resources, Series 35'
and inserting in lieu thereof the words '33CSR20';
On page 3, subsection 2.30, by striking out the words 'Title
47, Legislative Rules, Division of Natural Resources, Series 35,
Hazardous Waste Management Regulations, Section 47-35-2.68' and
inserting in lieu thereof the words 'the Hazardous Waste Management
Rule, 33CSR20-2.68';
On page 4, subsection 2.51, by striking out the code reference
'§20-5A-1' and inserting in lieu thereof the code reference '§ 22- 11-1';
On page 5, subdivision 2.58.c. , by striking out the word 'aquifier' and inserting in lieu thereof the word 'aquifer';
On page 7, subdivision 5.3.b., in the second paragraph, by
striking out the word 'multipled' and inserting in lieu thereof the
word 'multiplied';
On page 7, subdivision 5.3.b., in the second paragraph, by
striking out the word 'mulipled' and inserting in lieu thereof the
word 'multiplied';
On page 7, subdivision 5.3.b., after the last sentence in the
subdivision, by inserting the words '(See Table 13.5-A at end of
this rule)';
On page 8 subparagraph 5.3.b.2.D., by striking out the word
'infintesimal' and inserting in lieu thereof the word
'infinitesimal';
On page 9, subdivision 7.3.a., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35- 4.(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-4 (W. Va. Code Chapter 22,
Article 18)';
On page 9, subdivision 7.3.b., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35- 8.2.2.(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.22 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.c., by striking out the words 'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.d., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.3.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.3 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.e., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35- 8.54.(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.4 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.f., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.6.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.6 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.g., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.6. (Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.6 (W. Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.h., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.2.7.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.2.7 (W. Va. Code Chapter
22, Article 18)';
On page 19, subparagraph 10.5.a.6.B., by striking out the word
'Qualitive' and inserting in lieu thereof the word 'Qualitative';
On page 20, subsection 11.2 and subdivisions 11.2.a. and
11.2.b., by striking out the second occurrence of subsection 11.2
and subdivisions 11.2.a. and 11.2.b., so as to the duplicated
language;
On page 20, paragraph 11.4.a.1., and on page 22, paragraph
13.2.d.3, by striking out the words 'Chapter 20-5E of the West
Virginia Code' and inserting in lieu thereof the words 'W. Va. Code
Chapter 22, Article 18';
On page 22, subdivision 13.1.f., by striking out the words
'Section 12a of the State Act' and inserting in lieu thereof the
words 'W. Va. Code § 22-11-19';
On page 22, subparagraph 13.10.d.5.A., by striking out the
words '§20-5E-1' and inserting in lieu thereof the words '§ 22-18- 1';
On page 32, paragraph 13.13.l.6., by striking out the word 'reoccurance' and inserting in lieu thereof the word
'reoccurrence';
On page 37, paragraph 13.22.e.1., by striking out the word
'occured' and inserting in lieu thereof the word 'occurred',"
And,
At the end of the rule, by inserting a table, as follows:
TABLE 13-5A
Zone of Endangering Influence
where:
(e) The legislative rule relating to the division of
environmental protection, office of water resources (water
pollution control permit fee schedules, 47 CSR 26), effective the
first day of July, one thousand nine hundred ninety-three, is
reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line
, and by striking out the
words 'WATER RESOURCES - WASTE MANAGEMENT' on the fifth line and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
On page 1, subsection 1.1, by striking out the word 'Section'
and inserting in lieu thereof the word 'Office'';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the code reference '20-5A-5'
and inserting in lieu thereof the code reference '22-11-8';
On page 1, subsection 1.2, by striking the code reference
'§20-5A-6a' and inserting in lieu thereof '§22-11-10';
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the words 'these regulations'
and inserting in lieu thereof the words 'this rule';
On page 1, subdivision 2.2.b, by striking out the words '46
C.S.R. 2 §4.4.b.3' and inserting in lieu thereof the words
'47CSR10, paragraph 4.4.b.3.';
On page 1, subsection 2.3, by striking out the words 'Section
of Water Resources of the Division of Natural Resources of the West
Virginia Department of Commerce, Labor and Environmental Resources'
and inserting in lieu thereof the words 'Office of Water Resources
of the Division of Environmental Protection of the West Virginia
Bureau of Environment';
Beginning on page 2, subsection 2.5, and continuing throughout
the text of the rule, by striking out the code reference '20-5A'
and inserting in lieu thereof the code reference '22-11';
On page 2, subsection 2.10, by striking out the words '46
C.S.R.2 §9.2.b' and inserting in lieu thereof the words '47CSR10,
subdivision 9.2.b';
On page 2, subsection 2.11, by striking out the words '46
C.S.R. 2 §9.2.a' and inserting in lieu thereof the words '47CSR10,
subdivision 9.2.a';
On page 3, subdivision 2.23.a and 2.23b, by striking out the
words '47 C.S.R. 35' in both instances and inserting in lieu
thereof the words '33CSR20';
On page 3, subsection 3.3, by striking out the words 'West
Virginia Division of Natural Resources' and inserting in lieu
thereof 'West Virginia Division of Environmental Protection, Office
of Water Resources';
On page 3, subdivision 3.4.a, by striking out the words '46
C.S.R. 2 §4.3' and inserting in lieu thereof the words '47CSR10,
subsection 4.3';
And,
Beginning on page 6, subsection 4.4, and continuing throughout
the text of the rule, by striking out the words '47 C.S.R. 38' and
inserting in lieu thereof the words '33CSR1'."
(f) The legislative rule relating to the division of
environmental protection, office of water resources (dam safety
rules, 47 CSR 34), effective the first day of May, one thousand
nine hundred ninety-five, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 13, subparagraph 6.4.e.2.D., by striking out the words
'Building 9', and inserting in lieu thereof the words 'Cultural
Center';
On page 13, subparagraph 6.4.e.2.D., by inserting the word
'East' immediately following the words 'Kanawha Boulevard';
On page 14, part 7.1.b.1.A.1., by striking out the words
'Class 3 dams must be designed with either an open channel spillway
only or a combination of principal and emergency spillways. A Class
3 dam shall be capable of passing that portion of the design storm
that cannot be safely stored in the impoundment. The design of a
Class 3 dam must assure that ninety percent (90%) of the stored
volume of the design storm will be discharged within ten (10) days
after the storm event.' and inserting in lieu thereof the words
'Class 1 dams designed with either an open channel spillway only or
with an emergency spillway and a principal spillway together must
be capable of discharging that portion of the design storm that
cannot be safely stored in the impoundment. Class 1 dams designed
with a decant or principal spillway only must be capable of storing
the volume of water generated by a PMP rainfall event of six (6)
hours in duration. The design of a Class 1 dam must assure that
ninety percent (90%) of the stored volume of the design storm will
be discharged within ten (10) days after the storm event.';
On page 14, part 7.1.b.1.A.3., by striking out the words
'Class 1 dams designed with either an open channel spillway only or
with an emergency spillway and a principal spillway together must
be capable of discharging that portion of the design storm that
cannot be safely stored in the impoundment. Class 1 dams designed
with a decant or principal spillway only must be capable of storing
the volume of water generated by a PMP rainfall event of six (6)
hours in duration. The design of a Class 1 dam must assure that
ninety percent (90%) of the stored volume of the design storm will
be discharged within ten (10) days after the storm event.' and
inserting in lieu thereof the words 'Class 3 dams must be designed
with either an open channel spillway only or a combination of
principal and emergency spillways. A Class 3 dam shall be capable
of passing that portion of the design storm that cannot be safely
stored in the impoundment. The design of a Class 3 dam must assure
that ninety percent (90%) of the stored volume of the design storm
will be discharged within ten (10) days after the storm event.';
On page 15, part 7.1.b.1.C.1., by striking out the words
'Class 3 and Class 4 Dams - Once in twenty-five (25) years.' and
inserting in lieu thereof the words 'Class 1 Dams - Once in one
hundred (100) years.';
On page 15, part 7.1.b.1.C.3., by striking out the words
'Class 1 Dams - Once in one hundred (100) years.' and inserting in
lieu thereof the words 'Class 3 and Class 4 Dams - Once in twenty- five (25) years.';
On page 33, subsection 13.2., by inserting the words 'or her' immediately following the word 'his';
On page 38, subsection 18.3., by striking out the words 'W.
Va. Code §22-14-17' and inserting in lieu thereof the words 'W. Va.
Code § 22-14-7';
And,
On page 41, subdivision 19.5.a., by inserting the words
'Calculation -' immediately following the citation '19.5.a.'."
(g) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
protection act fee schedule, 47 CSR 55), effective the first day of
June, one thousand nine hundred ninety-four, is reauthorized with
the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT'
, and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§20-5M-1 et seq.', and
inserting in lieu thereof the code reference '§ 22-12-1 et seq.';
Beginning on page 1, and continuing throughout the text of the rule, by striking out the code reference '§20-5M-9 subsection (a)'
and inserting in lieu thereof the code reference '§ 22-12-9(a)';
On page 1, subsection 1.5, by striking out the word 'Section'
and inserting in lieu thereof the word 'subsection';
On page 1, subsection 2.3, by striking out the words 'Solid
Waste Management Regulation 47 C.S.R. 38' and inserting in lieu
thereof the words 'Solid Waste Management rRule 33CSR1';
On page 1, subsection 2.4, by striking out the words 'division
of environmental protection of the department of commerce, labor
and environmental resources' and inserting in lieu thereof the
words 'Division of Environmental Protection of the Bureau of
Environment';
On page 1, subsection 2.5, by striking out the code reference
'§20-5G-1 et seq.', and inserting in lieu thereof the words '§ 22- 19-1 et seq.';
On page 1, subsection 2.8, by striking out the code reference
'§20-5M-9(c)(1)' and inserting in lieu thereof the code reference
'§ 22-12-9(c)(1)';
On page 1, subsection 2.9, by striking out the words 'section
3.1.3' and inserting in lieu thereof the words 'subdivision 3.1.c',
and by striking out the word 'regulations' and inserting in lieu
thereof the word 'rule', and by striking out the words '47
C.S.R.35' and inserting in lieu thereof the words '33CSR20';
On page 2, subsection 2.11, by striking out the words 'Section
2.22' and inserting in lieu thereof the words 'subsection 2.24',
and by striking out the code reference '46 C.S.R. 2' and inserting in lieu thereof the words '47CSR10';
On page 2, subsection 2.17, by striking the code reference
'§20-5F-2(k)' and inserting in lieu thereof '§ 22-15-2(27)';
On page 2, subdivision 3.3.a., by striking out the code
reference '§20-5M-10' and inserting in lieu thereof the code
reference '§ 22-12-10';
On page 3, paragraph 3.3.a.2., by striking out the words
'subsection 3.4.1' and inserting in lieu thereof the words
'subdivision 3.4.a.';
On page 3, subdivision 3.3.b., by striking out the words '§20- 5M-8(c) et seq.' and inserting in lieu thereof the words '§ 22-12- 8(c) et seq.';
On page 3, subsection 3.5., by striking out the words
'paragraph 3.5.3' and inserting in lieu thereof the words
'subdivision 3.5.c.';
On page 3, subdivision 3.5.f., by striking out the words '§20- 5F-5a' and inserting in lieu thereof the words '§ 22-15-11';
On page 3, subdivision 3.5.h., by striking out the code
reference '§22A-3-1 et seq.' and inserting in lieu thereof the code
reference '§ 22-3-1 et seq.', by striking out the code reference
'§20-5A-5(b)(6)' and inserting in lieu thereof the code reference
'§ 22-11-8(b)(6)', and by striking out the code reference '§22A-4-1
et seq' and inserting in lieu thereof the code reference '§ 22-4-1
et seq.';
On page 3, subdivision 3.5.i., by striking out the code
reference '§20-5A-5(b)(1 through 6)' and inserting in lieu thereof the code reference '§ 22-11-8(b)(1 through 6)';
On page 3, subdivision 3.5.j., by striking out the code
reference '§20-5A-5(b)(1 through 6)' and inserting in lieu thereof
the code reference '§ 22-11-8(b)(1 through 6)', and by striking
out the words 'paragraphs 3.5.11, 3.5.12 or 3.5.13' and inserting
in lieu thereof the words 'subdivisions 3.5.k, 3.5.l, or 3.5.m';
And,
On page 4, subdivision 3.5.t., by striking out the words
'paragraphs 3.5.1 through 3.5.19' and inserting in lieu thereof the
words 'subdivisions 3.5.a. through 3.5.s.'."
(h) The legislative rule relating to the division of
environmental protection, office of water resources (assessment of
civil administrative penalties, 47 CSR 56), effective the first day
of June, one thousand nine hundred ninety-four, is reauthorized
with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT'
, and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
Beginning on page 1, subsection 1.2, and continuing throughout the text of the rule, by striking out the code reference '§20-5M-10
et seq.', and inserting in lieu thereof the code reference '§ 22- 12-10 et seq.';
On page 1, subsection 2.1, by striking out the code reference
'§20-5M-1 et seq.' and inserting in lieu thereof the code reference
'§ 22-12-1 et seq.';
On page 3, subsection 5.5, by striking out the words 'State
Water Resources Board', and inserting in lieu thereof the words
'Environmental Quality Board';
And,
On page 3, subsection 6.3, by striking out the word 'Section'
and inserting in lieu thereof the word 'subsection'."
(i) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
quality standard variances, 47 CSR 57), effective the first day of
June, one thousand nine hundred ninety-four, is reauthorized with
the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DIVISION OF NATURAL RESOURCES' and inserting in lieu thereof the
words 'BUREAU OF ENVIRONMENT'
, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and inserting in lieu thereof the words 'DIVISION OF ENVIRONMENTAL
PROTECTION'
, and by striking out the words 'WATER RESOURCES - WASTE
MANAGEMENT' and inserting in lieu thereof the words 'OFFICE OF
WATER RESOURCES'
;
Beginning on page 1, subsection 1.2, and continuing throughout
the text of the rule, by striking out the code reference '§20-5M-1
et seq.', and inserting in lieu thereof the code reference '§ 22- 12-1 et seq.';
On page 1, subsection 1.2, by striking out the code reference
'§20-5M-1 through 6', and inserting in lieu thereof the code
reference '§ 22-12-1 through 6';
On page 1, section 2.0, by striking out the code reference
'§20-5M-3' and inserting in lieu thereof the code reference '§ 22- 12-3';
Beginning on page 1, subsection 2.7, and continuing
throughout the text of the rule, by striking out the words
'Department of Commerce, Labor and Environmental Resources' and
inserting in lieu thereof the words 'Bureau of Environment';
On page 2, subsection 2.10, by striking out the words 'State
Water Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board';
On page 2, subsection 3.1, by striking out the words 'Article
3, Chapter 22A of the W. Va. Code or Article 5A, Chapter 20 of the
W. Va. Code', and inserting in lieu thereof the words 'W. Va. Code
§§ 22-3-1 et seq. or 22-11-1 et seq.';
On page 2, subsection 3.2, by striking out the words 'Chapter 22B of the W. Va. Code', and inserting in lieu thereof 'W. Va. Code
§ 22-6-1 et seq.';
On page 2, subsection 3.3, by striking out the words 'Article
4, Chapter 22A of the W. Va. Code', and inserting in lieu thereof
the words 'W. Va. Code § 22-4-1 et seq.';
On page 2, subsection 4.2, by striking out the code reference
'§20-5M-4(b)' and inserting in lieu thereof the code reference '§
22-12-4(b)';
On page 3, subdivisions 5.2.a. through 5.2.g., on page 4,
subdivisions 6.2.a. through 6.2.k. and subdivisions 6.3.a. through
6.3.b., and on page 5, subdivisions 6.3.c. through 6.3.d. and
subdivisions 6.7.a. through 6.7.d., by striking the first letter of
the beginning word in these subdivisions, and inserting the
appropriate capital letter for the word;
On page 5, subsection 6.6, and continuing throughout the text
of the rule, by striking out the words 'Water Resources Board' and
inserting in lieu thereof the words 'Environmental Quality Board';
And,
On page 5, subdivision 6.7.a., by striking out the code
reference '§20-5M-5(g)' and inserting in lieu thereof '§ 22-12- 5(g)'."
(j) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
protection rules, 47 CSR 58), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT'
, and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the words 'chapter
20-5M-1 et seq. of the West Virginia Code' and inserting in lieu
thereof the words 'W. Va. Code § 22-12-1 et seq.';
On page 1, subsection 1.2, by striking out the words 'West
Virginia Code 20-5M-5(d)' and inserting in lieu thereof the words
'W. Va. Code § 22-12-5(d)';
On page 1, subsection 2.3, by striking out the words
'Department of Commerce, Labor and Environmental Resources' and
inserting in lieu thereof the words 'Bureau of Environment', and by
inserting the words 'or her' immediately following the word 'him';
On page 2, in the note immediately following subdivision
4.3.b., by striking out the words '46 C.S.R. 3', and inserting in
lieu thereof the words '47CSR11';
On page 3, paragraph 4.6.c.1., by striking out the words '20- 5D-1' and inserting in lieu thereof the words '22-14-1', and by
striking out the words 'Articles (Chapter 20-5M and 20-5D)' and
inserting in lieu thereof the words 'Chapter 22, Article 12 and
Chapter 22, Article 14';
On page 6, subsection 5.1, in two occurrences, by striking out
the words 'Chapter 20, Article 5M', and inserting in lieu thereof
the words 'Chapter 22, Article 12';
On page 6, subsection 7.2, by striking out the words
'sections(s) 20-5M-5 (f) through (l) of the W. Va. Code', and
inserting in lieu thereof the words 'W. Va. Code § 22-12-5 (f)
through (l)';
And,
On page 7, subsections 12.1 and 12.2, by striking out the
words 'Water Resources Board', and inserting in lieu thereof the
words 'Environmental Quality Board', and by striking out the words
'§20-5M-11' and inserting in lieu thereof the words '§ 22-12-11'."
(k) The legislative rule relating to the division of
environmental protection, office of water resources (monitoring
well rules, 47 CSR 59), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT'
, and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES'
;
On page 1, in the title, by striking out the word
'regulations' and inserting in lieu thereof the word 'rule';
On page 3, subsection 1.2, by striking out the code reference
'§20-5M-5(d)', and inserting in lieu thereof the code reference '§
22-12-5(d)';
And,
On page 3, subsection 7.5 and section 8, by striking out the
code reference '§20-5M-11' and inserting in lieu thereof the code
reference '§ 22-12-11'."
§64-11-5. Division of environmental protection, office of waste
management.
(a) The legislative rule relating to the division of
environmental protection, office of waste management (assessment of
civil administrative penalties, 47 CSR 4), effective the twenty- second day of April, one thousand nine hundred ninety-one, is
reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47' and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '4' and
inserting in lieu thereof the series number '22';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT' and inserting in lieu thereof the words
'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, subsection 1.1., and continuing
throughout the text of the rule, by striking out the code reference
'§20-5E-16', and inserting in lieu thereof the code reference '§
22-18-17', and by striking out the code reference '§20-5F-6', and
inserting in lieu thereof the code reference '§ 22-15-15';
On page 1, subsection 2.1., by striking out the code reference
'§20-5E-1', and inserting in lieu thereof the code reference § 22-
18-1', and by striking out the code reference '§20-5F-1' and
inserting in lieu thereof the code reference '§ 22-15-1';
On page 1, subsection 2.4., by striking out the words 'Natural
Resources' and inserting in lieu thereof the words 'environmental
protection';
On page 1, subsection 2.4., by inserting the words 'or her'
immediately following the word 'his';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 3, subsection 5.5., by striking out the words 'State
Water Resources Board', and inserting in lieu thereof the words
'environmental quality board';
Beginning on page 3, subsection 6.2., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof 'this rule';
And,
On page 4, subsections 6.5, 7.3. and 7.5, by striking out the
word 'Section', and inserting in lieu thereof the word 'subsection'."
(b) The legislative rule relating to the division of
environmental protection, office of waste management (groundwater
protection standard, 47 CSR 12), effective the twenty-fifth day of
April, one thousand nine hundred eighty-four, is reauthorized with
the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '12', and
inserting in lieu thereof the series number '23';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1., by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';
On page 1, subsection 1.1., by striking out the words 'Section
2, Series 35, Department of Natural Resources Administrative
Regulations', and inserting in lieu thereof the words '33CSR20,
Section 2';
And,
On page 1, subsection 1.2., by striking out the code
references '20-5E and 5A' and inserting in lieu thereof the code
references 'Chapter 22, Articles 18 and 11'."
(c) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
hazardous waste management facility siting fees, 47 CSR 35A),
effective the first day of June, one thousand nine hundred ninety- four, is reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '35A', and
inserting in lieu thereof the series number '21';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1., by striking out the code reference
'§20-10-1', and inserting in lieu thereof the code reference '§ 22C-5-1';
On page 1, subsection 1.2., by striking out the code reference
'§20-10-5(b)', and inserting in lieu thereof the code reference
'§22C-5-6(b)';
On page 1, subsection 2.1., by striking out the code reference
'§20-10-3', and inserting in lieu thereof the code reference '§ 22C-
5-4';
Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 C.S.R. 35', and inserting in lieu thereof the rule reference
'33CSR20';
Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';
And,
On page 1, subsection 3.1., by striking out the code reference
'§20-10-5', and inserting in lieu thereof the code reference '§22C- 5-6'."
qAnd,
On page 1, subsection 3.3., by striking out the word
'regulations' and inserting in lieu thereof the word 'rule'."
(d) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tanks, 47 CSR 36), effective the first day of July, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '36', and
inserting in lieu thereof the series number '30';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 5, subsection 4.6., by striking out the rule reference
'(46 C.S.R. 30)', and inserting in lieu thereof the rule reference
'(33CSR30)';
And,
On page 5, subsection 5.1., by striking out the rule reference
'(47 C.S.R. 37)', and inserting in lieu thereof the rule reference
'(33CSR31)', by striking out the rule reference '(47 C.S.R. 36
Section 4)', and inserting in lieu thereof the rule reference
'(33CSR30 §4)', and by striking out the rule reference '(47 C.S.R.
37A Section 5)', and inserting in lieu thereof the rule reference
'(33CSR32 §5)'."
(e) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tank fee assessments, 47 CSR 37), effective the fourteenth
day of June, one thousand nine hundred ninety-three, is
reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '37', and
inserting in lieu thereof the series number '31';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1, by striking out the code reference
'W. Va. Code §§20-5H-20 and 20-5H-21' and inserting in lieu thereof
the code reference 'W. Va. Code §§ 22-17-20 and 22-17-21';
On page 1, subsection 1.2., by striking out the code reference
'W. Va. Code §20-5H-6', and inserting in lieu thereof the code
reference 'W. Va. Code § 22-17-6';
Beginning on page 1, subsection 1.5., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.1., by striking out the code reference
'§20-5H', and inserting in lieu thereof the code reference '§ 22- 17-1';
On page 1, subsection 2.1., before the word means, by
inserting the word 'Act' in the definition;
On page 1, subsection 2.2., before the word means, by
inserting the word 'Change-In-Service' in the definition;
On page 1, subsection 2.3., before the word means, by
inserting the word 'Division' in the definition;
On page 1, subsection 2.4., before the word means, by
inserting the word 'Owner' in the definition;
On page 2, subsection 2.5., before the word means, by
inserting the word 'Person' in the definition;
On page 2, subsection 2.6., before the word means, by
inserting the word 'Permanent Closure' in the definition;
On page 2, subsection 2.7., before the word means, by
inserting the word 'Regulated Substance' in the definition;
On page 2, subsection 2.8., before the word means, by
inserting the word 'Underground Storage Tank or UST' in the
definition;
On page 2, subdivision 2.8.a., by striking out the word
'Farms', and inserting in lieu thereof the word 'Farm';
On page 2, subdivision 2.8.j., by striking out the words
'Section 2.8.1. through 2.8.9.' and inserting in lieu thereof the
words 'subdivisions 2.8.a. through 2.8.i.';
Beginning on page 3, subdivision 3.3.b., and continuing to
subdivisions 3.3.c. and 5.1.a., and paragraphs 4.4.c.1, 5.1.b.1.
and 5.1.c.1, by striking out the word 'Sections' and inserting in
lieu thereof the word 'subsections';
On page 3, subdivision 4.4.c., by striking out the words '47
C.S.R. 36 § 4', and inserting in lieu thereof the words '33CSR30 §4', and by striking out the words 'W. Va. Code §20-5H-8', and
inserting in lieu thereof the words 'W. Va. Code § 22-17-8';
On page 4, subsection 4.5., by striking out the code
references '§§20-5H-15 and 20-5H-16', and inserting in lieu thereof
the code references '§§ 22-17-15 and 22-17-16';
On page 4, subsection 5.1., by striking out the code
references '§§20-5H-20 and 20-5H-21', and inserting in lieu thereof
the code references '§§ 22-17-20 and 22-17-21';
And,
On page 4, paragraph 5.1.c.2., by striking out the code
reference '§20-5H-20(a)', and inserting in lieu thereof the code
reference '§ 22-17-20(a)'."
(f) The legislative rule relating to the division of
environmental protection, office of waste management (solid waste
management rule, 47 CSR 38), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38', and
inserting in lieu thereof the series number '1';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, paragraph 1.1.a.4., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the rule reference '47CSR38',
and inserting in lieu thereof the rule reference '33CSR1';
Beginning on page 1, subsection 1.5, and continuing throughout
the rule, by striking out the words 'these regulations', and
inserting in lieu thereof the words 'this rule';
Beginning on page 9, subsection 2.88, and continuing
throughout section 2 of the rule, by correctly renumbering all
misnumbered subsections and subdivisions;
On page 50, subparagraph 3.13.k.1.F, by striking out the word
'data', and inserting in lieu thereof the word 'date';
Beginning on page 72, subsection 4.1, and continuing throughout the text of the rule, by striking out the word 'sec.',
and inserting in lieu thereof the word 'seq.';
Beginning on page 111, paragraph 4.11.b.2., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director';
And.,
Beginning on page 117, subsection 4.11.e, and continuing
throughout the text of the rule, by striking out the abbreviation
'WV', and inserting in lieu thereof the abbreviation 'W. Va."
(g) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
solid waste landfill closure assistance program, 47 CSR 38C),
effective the first day of June, one thousand nine hundred ninety- four, is reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38C', and
inserting in lieu thereof the series number '40';
On page 1, subsection 1.1, by striking out the code reference
'§20-5N-1 et seq.', and inserting in lieu thereof the code
reference '§ 22-16-1 et seq.';
On page 1, subsection 1.1, by striking out the words'Article
5N' and inserting in lieu thereof the words 'Article 16.';
On page 1, subsection 1.2, by striking out the code reference
'§20-5N-8', and inserting in lieu thereof the code reference '§ 22- 16-13.';
Beginning on page 1, subsection 1.6, and continuing throughout
the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule',
and by striking out the word 'regulation' and inserting in lieu
thereof the word 'rule';
On page 1, subsection 2.2, by striking out the code references
'§20-5N-3 and 10', and inserting in lieu thereof the code
references '§§ 22-16-3 and 15';
On page 2, subsection 2.3, by striking out the words 'of the
Department of Commerce, Labor and Environmental Protection'; On page 2, subsection 2.7, by inserting the subsection heading
'Incorporation of § 22-15-2 Definitions.';
On page 2, subsection 2.7, by striking out the code reference
'§20-5F-2' and inserting in lieu thereof the code reference '§ 22- 15-2';
On page 2, subsection 3.1, by inserting the subsection heading
'Application Form.';
On page 2, subsection 3.2, by inserting the subsection heading
'Application Information.';
Beginning on page 2, subsection 3.2, and continuing throughout
the text of the rule, by renumbering the text breakdown as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 3, paragraph 3.2.h.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 3, subparagraphs 3.2.e. and 3.2.f., by striking out
the abbreviation 'No.' and by inserting the word 'Number';
On page 4, paragraph 3.2.h.5., by striking out the code
reference '§20-5F-4(k)', and inserting in lieu thereof the code
reference '§ 22-15-5(j)';
On page 4, subsection 3.3, by inserting the subsection heading
'Application Review and Decision.';
On page 4, subsection 3.4, by inserting the subsection heading
'Application Resubmittal.';
On page 4, subsection 3.5, by inserting the subsection heading
'Application Deadlines.';
On page 4, subsection 3.5, by striking out the code reference
'§20-5F-6', and inserting in lieu thereof the code reference '§ 22-16-11';
On page 5, subsection 4.1, by inserting the subsection heading
'Valid Landfill Facility Permit Required.';
Beginning on page 5, subsection 4.1, and continuing throughout
the text of the rule, by striking out the code reference '§20-5F-1'
and inserting in lieu thereof the code reference '§ 22-15-1';
On page 5, subdivision 4.1.b, by striking out the code
reference '§20-5A-1', and inserting in lieu thereof the code
reference '§ 22-11-1';
On page 5, subdivision 4.2.b., by striking out the code
reference '§20-5F-1', and inserting in lieu thereof the code
reference '§ 22-15-1';
Beginning on page 5, subsection 4.2.b., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1';
On page 6, subdivision 4.4.a., by striking out the words
'Water Resources Board', and inserting in lieu thereof the words
'Environmental Quality Board';
On page 6, subdivision 4.5, by striking out the code reference
'§20-5N-4(a)', and inserting in lieu thereof the code reference
'§22-16-4';
Beginning on page 6, in paragraph 4.6.a.3., and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'director';
On page 7, subsection 4.7, by inserting the subsection heading 'Authority of the Director to Modify Permit.';
On page 7, subsection 4.8, by inserting the subsection heading
'Granting of Access to Facility To Director.';
On page 7, subsection 5.1, by inserting the subsection heading
'Authority of the Director to Establish Maintenance Contracts.';
On page 8, subsection 6.1, by inserting the subsection heading
'Performance of Post-Closure Activities.';
On page 8, subsection 7.1, by inserting the subsection heading
'Expenditure of Funds from the Closure Assistance Fund.';
On page 8, subsection 7.2, by inserting the subsection heading
'Assistance Contingent upon the Availability of Revenues.';
And,
On page 8, subsection 8.1, by inserting the subsection heading
'Priority for Final Assistance.'."
(h) The legislative rule relating to the division of
environmental protection, office of waste management (sewage sludge
management rules, 47 CSR 38D), effective the first day of May, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, on the line following the words
'DIVISION OF ENVIRONMENTAL PROTECTION', by inserting the words
'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the series number '38D', and
inserting in lieu thereof the series number '2';
Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';
Beginning on page 5, subdivision 3.2.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 6, subdivision 3.2.b., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 8, subdivision 4.1.e., and continuing throughout the
text of the rule, by striking out the rule reference '47 CSR 38',
and inserting in lieu thereof the rule reference '33CSR1'."
(i) The legislative rule relating to the division of
environmental protection, office of waste management (yard waste
composting rule, 47 CSR 38E), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and by inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38E', and
inserting in lieu thereof the series number 'E';
On page 1, §33-3-2, by striking out the code reference '§20- 5F-2', and inserting in lieu thereof the code reference '22-15-2',
and by striking out the rule reference '§47CSR38D' and inserting in
lieu thereof the rule reference '33CSR2';
Beginning on page 2, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'Chief', and
inserting in lieu thereof the word 'director';
Beginning on page 3, subdivision 3.1.a.,
and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 6, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1.';
Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';
On page 6, paragraph 3.4.c.3., after the semicolon, by
inserting word 'and';
And,
Beginning on page 7, subparagraph 3.4.c.4.C, and continuing
throughout the text of the rule, by striking out the word
'Division', and inserting in lieu thereof the words 'Division of
Environmental Protection'."
(j) The legislative rule relating to the division of
environmental protection, office of waste management (office of
waste management, 47 CSR 38F), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38F', and
inserting in lieu thereof the series number '4';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
And,
Beginning on page 2, subdivision 3.3.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6)."
(k) The legislative rule relating to the division of
environmental protection, office of waste management (waste tire
management rule, 47 CSR 38G), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the series number '38G', and
inserting in lieu thereof the series number '5';
Beginning on page 1, subdivision 1.1.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 1, subdivision 1.1.c., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 1, §33-5-2 (former §47-38G-2), and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';
Beginning on page 2, subsection 2.17, and continuing
throughout the text of the rule, by striking out the abbreviation 'WV', and inserting in lieu thereof the abbreviation 'W. Va.';
Beginning on page 3, subdivision 3.1.b., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38G', and inserting in lieu thereof the words 'this rule';
And,
Beginning on page 3, subdivision 3.2.a., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director'."