Senate Bill No. 171
(By Senator Manchin)
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[Introduced March 1, 1993; referred to the
Committee on \.]
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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, relating to authorizing the
air pollution control commission to promulgate legislative
rules relating to requiring the submission of emission
statements for volatile organic compound emissions and
oxides of nitrogen emissions.
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, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND
ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Air pollution control commission.
(a) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series VII),
are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series XIX),
are authorized.
(c) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission (emission
standards for hazardous air pollutants) (series XV), are
authorized.
(d) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission
(standards of performance for new stationary sources) (series
XVI), are authorized.
(e) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (to prevent and
control air pollution from hazardous waste treatment, storage or
disposal facilities)(series XXV), are authorized with the
amendments set forth below:
Page 3, §1.06, change the § title from "Enforcement" to
"Procedure"; place an "(a)" in front of the existing paragraphand add the following:
"(b) Permit applications filed pursuant to this regulation
shall be processed in accordance with the permitting procedures
as set forth in code §20-5E of this regulation. Permit
procedures set forth in code §16-20 and any other regulation of
this commission are not applicable to any permit application
filed pursuant to this regulation."
Such rules shall also include a section which shall read as
follows:
"The commission shall report to the legislative rule-making
review committee as required by that committee, but in no event
later than the first day of the regular session of the
Legislature in the year one thousand nine hundred eighty-five.
Such report shall include information regarding the commission's
data gathering efforts, the development of compliance programs,
the progress in implementation, and such other matters as the
committee may require, pertaining to the regulations hereby
authorized."
(f) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (permits for
construction and modification of stationary sources of air
pollution for the prevention of significant deterioration)
(series XIV), are authorized.
(g) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committeeand refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (prevention and control of air
pollution from hazardous waste treatment, storage or disposal
facilities), are authorized.
(h) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (good engineering practice as
applicable to stack heights), are authorized.
(i) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (TP-2, compliance test
procedures for regulation 2 -- to prevent and control particulate
air pollution from combustion of fuel in indirect heat
exchangers), are authorized.
(j) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, onethousand nine hundred ninety, relating to the air pollution
control commission (ambient air quality standards for sulfur
oxides and particulate matter), are authorized.
(k) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention of air pollution emergency
episodes), are authorized.
(l) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (permits for construction and major
modification of major stationary sources of air pollution for the
prevention of significant deterioration), are authorized.
(m) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (standards of
performance for new stationary sources), are authorized.
(n) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (emission
standards for hazardous air pollutants), are authorized.
(o) The legislative rules filed in the state register on the
sixteenth day of October, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention and control of emissions of toxic
air pollutants), are authorized.
(p) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from bulk gasoline terminals), are authorized.
(q) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of November,
one thousand nine hundred ninety, relating to the air pollution
control commission (air quality management fee program), are
authorized.
(r) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from the storage of petroleum liquids in fixed roof tanks), are
authorized.
(s) The legislative rules filed in the state register on thetenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from petroleum refinery sources), are authorized.
(t) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred
ninety-two, modified by the air pollution control commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of February, one thousand nine hundred ninety-three, relating to
the air pollution control commission (requiring the submission of
emission statements for volatile organic compound emissions and
oxides of nitrogen emissions), are authorized.
NOTE: The purpose of this bill is to authorize the Air
Pollution Control Commission to promulgate legislative rules
relating to requiring the submission of emission statements for
volatile organic compound emissions and oxides of nitrogen
emissions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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