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Committee Substitute House Bill 4136 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4136

(By Delegates Hunt, Linch, Compton, Jenkins,


Faircloth and Riggs)

(Originating in the Committee on the Judiciary)


[March 4, l998]


A BILL to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section two, 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 and 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 legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing division of environmental protection to promulgate legislative rules relating to acid rain provisions and permits; authorizing division of environmental protection to promulgate legislative rules relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 63; authorizing division of environmental protection to promulgate legislative rules relating to hazardous waste management; authorizing division of environmental protection to promulgate legislative rules relating to requirements governing water quality standards; authorizing division of environmental protection to promulgate legislative rules relating to prevention and control particulate air pollution from manufacturing process operations; authorizing division of environmental protection to promulgate legislative rules relating to prevention and control of emissions from municipal solid waste landfills; authorizing division of environmental protection to promulgate legislative rules relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 63; authorizing division of environmental protection to promulgate legislative rules relating to surface mining and reclamation regulations; authorizing environmental quality board to promulgate legislative rules relating to water quality standards; and authorizing environmental quality board to promulgate legislative rules relating to groundwater standards.

Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section two, all to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

(a) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section seven, article five, chapter twenty-two, of this code, relating to the division of environmental protection (acid rain provisions and permits, 45 CSR 33), is authorized.
(b) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section seven, article five, chapter twenty-two of this code, relating to the division of environmental protection (emission standards for hazardous air pollutants pursuant to 40 CFR Part 63, 45 CSR 34), is authorized.
(c) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section six, article eighteen, chapter twenty-two of this code, relating to the division of environmental protection (hazardous waste management, 33 CSR 20), is authorized.
(d) The legislative rule filed in the state register on the fourteenth day of August, one thousand nine hundred ninety-seven, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the division of environmental protection(to prevent and control particulate air pollution from manufacturing process operations, 45 CSR 7) is authorized.
(e) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh day of January, one thousand nine hundred ninety-eight, relating to the division of environmental protection (to prevent and control of emissions from municipal solid waste landfills, 45 CSR 23), is authorized.
(f) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section seven, article one, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the second day of December, one thousand nine hundred ninety- seven, relating to the division of environmental protection (to prevent and control air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized.
(g) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section three, article one, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of January, one thousand nine hundred ninety- eight, relating to the division of environmental protection (surface mining and reclamation regulations, 38 CSR 2), is authorized.
§64-3-2. Environmental Quality Board
(a) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section four, article three, chapter twenty-two-b, of this code, modified by the environmental quality board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- second day of January, one thousand nine hundred ninety-eight, relating to the environmental quality board (requirements governing water quality standards, 46 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section four, article three, chapter twenty-two-b, of this code, modified by the environmental quality board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- third day of January, one thousand nine hundred ninety-eight, relating to the environmental quality board (requirements governing groundwater standards, 46 CSR 12), is authorized.
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