Committee Substitute
House Bill 4135 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4135
(
By Delegates Mahan, Palumbo, Cann, Pino, Armstead and
Overington
)
(Originating in the Committee on the Judiciary)
[February 27, 2006]
A
BILL
to amend and reenact article 3, chapter 64 of the code of
West Virginia, 1931, as amended;
all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended
by the legislature;
directing studies and reports to the
Legislature and further rulemaking in certain circumstances;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Nox Budget
Trading Program as a means of the control and reduction of
nitrogen oxides from non-electric generating units as a means
to mitigate the transport of ozone precursors
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to emission standards for hazardous
air pollutants pursuant to 40 CFR Part 61; authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to standards of performance for new
stationary sources Pursuant to 40 CFR Part 60;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to acid rain provisions and permits
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards
for hazardous air pollutants for source categories pursuant to
40 CFR Part 63; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
Mercury Budget Trading Program to reduce mercury emissions
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of annual nitrogen oxide emissions to mitigate interstate
transport of fine particulate matter and nitrogen oxides;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of ozone
season nitrogen oxide emissions to mitigate interstate
transport of ozone and nitrogen oxides; authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to the control of annual sulfur
dioxide emissions to mitigate interstate transport of fine
particulate matter and sulfur dioxides; authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to surface mining reclamation;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to coalbed methane
wells; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the Oil and Gas
Conservation Commission; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to solid waste management; authorizing the
Department of Environmental Protection to promulgate a
legislative rule relating to hazardous waste management;
relating to authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
requirements governing water quality standards;
relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Community
Infrastructure Investment Program
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities
; and
authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to the Environmental Excellence Program
.
Be it enacted by the Legislature of West Virginia:
That article 3, chapter 64 of the code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE
LEGISLATIVE RULES.
§64-3-1. Division of environmental protection.
(a) The legislative rule filed in the state register on the
twenty-second day of March, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(Nox Budget Trading Program as a means of the control and reduction
of nitrogen oxides from non-electric generating units as a means to
mitigate the transport of ozone precursors, 45 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
Part 61, 45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(standards of performance for new stationary sources Pursuant to 40
CFR Part 60, 45 CSR 16), is authorized.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(acid rain provisions and permits, 45 CSR 33), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants for source
categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized.
(f) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(Mercury Budget Trading Program to reduce mercury emissions, 45 CSR
37), is authorized.
(g) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(control of annual nitrogen oxide emissions to mitigate interstate
transport of fine particulate matter and nitrogen oxides, 45 CSR
39), is authorized.
(h) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(control of ozone season nitrogen oxide emissions to mitigate
interstate transport of ozone and nitrogen oxides, 45 CSR 40), is
authorized.
(i) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(control of annual sulfur dioxide emissions to mitigate interstate
transport of fine particulate matter and sulfur dioxides, 45 CSR 41), is authorized.
(j) The legislative rule filed in the state register on the
second day of November, two thousand five, authorized under the
authority of section four, article three, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(West Virginia surface mining reclamation, 38 CSR 2), is
authorized.
(k) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section four, article twenty-one, chapter twenty-two,
of this code, relating to the Department of Environmental
Protection (coalbed methane wells, 35 CSR 3), is authorized.
(l) The legislative rule filed in the state register on the
nineteenth day of July, two thousand five, authorized under the
authority of section five, article fifteen, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(solid waste management, 33 CSR 1), is authorized.
(m) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section six, article eighteen, chapter twenty-two, of
this code, relating to the Department of Environmental Protection
(hazardous waste management, 33 CSR 20), is authorized.
(n) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the authority of section seven-b, article eleven, chapter twenty-two,
of this code, relating to the Department of Environmental
Protection (requirements governing water quality standards, 47 CSR
2), is authorized.
(o) The legislative rule filed in the state register on the
twenty-sixth day of October, two thousand five, authorized under
the authority of section nine, article twenty-eight, chapter
twenty-two, of this code, relating to the Department of
Environmental Protection (Community Infrastructure Investment
Program, 47 CSR 61), is authorized.
(p) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, modified by the Department of Environmental Protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-first day
of November, two thousand five, relating to the Department of
Environmental Protection (to prevent and control air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25), is authorized.
(q) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article twenty-five, chapter twenty-two,
of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of January, two thousand six, relating to the
Department of Environmental Protection (Environmental Excellence
Program, 60 CSR 8), is authorized.
§64-3-2. Oil and Gas Conservation Commission.
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section five, article nine, chapter twenty-two-c, of
this code, relating to the Department of Environmental Protection
(rules of the Commission, 39 CSR 1), is authorized.
§64-3-3. Directing further study of 45CSR37.
(a) The Legislature declares that mercury is highly toxic,
persistent and bioaccumulates in the food chain and is transported
through the atmosphere and deposits on land and water bodies, and
according to the Environmental Protection Agency, other serious
human health risks, known and unknown, may result from human
exposure of mercury in any amount. Emissions from electric utility
coal fired steam generating units and other industrial activities
cause significant discharges of mercury in West Virginia,
therefore, it is appropriate to closely monitor these activities
and study this pollutant.
(b) The Commissioner of the Bureau for Public Health, pursuant
to and consistent with section six, article one, chapter sixteen of this code, is directed to participate with the Department of
Environmental Protection to conduct an assessment on the actual and
potential human health pathways and risks from mercury consumption
and make appropriate recommendations to the Department of
Environmental Protection.
(c) Pursuant to and consistent with section three-a, article
one, chapter twenty-two if this code, The Division of Air Quality
and the Department of Environmental Protection are directed to
further study 45CSR37 [Mercury Budget Trading Program to Reduce
Mercury Emissions] to evaluate scientific evidence, considering
specific environmental characteristics of West Virginia, hold
public hearings and accept and review appropriate evidence
regarding mercury exposure, including recommendations from the
Bureau for Public Health. The Department of Environmental
Protection shall also conduct an assessment which is also to
include an evaluation of the available mercury control technologies
for coal-fired steam generating units and other industrial
activities that emit mercury, the availability and cost of mercury
measurements technology and an analysis of feasibility of
implementation of these technologies. The Division of Air Quality
shall also consider and address any Bureau for Public Health
recommendations considering health risks of West Virginians, and
enter a finding as to whether the citizens of West Virginia or
regions of West Virginia are exposed to a potential health risk because of mercury contamination, and if so, to propose for
legislative promulgation prior to the first day of January, two
thousand seven, revisions to 45 CSR 37 and any other appropriate
rulemaking that would require electric utility coal fired steam
generating units and other industrial dischargers reduce mercury
emissions at a greater rate or by alternative methodology than
required by federal counterpart regulations.
§64-3-4. Directing further study of 35CSR3.
(a)
Department of Environmental Protection's Office of Oil and
Gas's
Legislative Rule 35CSR3,
[Coalbed Methane Wells]
authorized
pursuant to section one of this article, addresses the new
technology of horizontal drilling of coalbed methane, the process
of drilling along coal seams to increase production of a single
coalbed methane well. However, the Legislature finds, because of
the newness of the technology and drilling methods, further review
and study is required to consider and address any potential adverse
environmental impacts from coalbed methane wells. The Office of
Oil and Gas is directed to conduct a study of this new process as
follows:
(1) Conduct an analysis of literature and seek input from
experts in hydrology, geology and engineering, to develop a
thorough understanding of coalbed methane drilling, how the
drilling is physically done, the type of equipment utilized, fluids
used or encountered, and pressures induced or encountered in the drilling process;
(2) Review the regulatory scheme of other states in the
Appalachian basin to determine if innovative regulatory approaches
would be instructive and should be incorporated into West
Virginia's regulatory scheme;
(3) Review the potential effect of drilling coalbed methane
wells in areas where abandoned or active gas or oil wells are
located; and
(4) Assess whether special requirements should be adopted
providing protections for groundwater and water wells, to prevent
contamination and other adverse impacts.
(b) The Office of Oil and Gas shall call upon other divisions
of the Department of Environmental Protection as needed to assist
in this review, and report to the Legislature by the first of
January, two thousand seven, and propose further legislative rule
amendments to the rule as are necessary and appropriate.
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