Senate Bill No. 292
(By Senators Ross, Anderson, Bowman and Boley)
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[Introduced January 28, 1999; referred to the
Committee on Natural Resources;
and then to the Committee on the Judiciary.]
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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 division of
environmental protection to promulgate a
legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 63.
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 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 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 thirty-first day of August July, one thousand nine hundred ninety-seven ninety-eight,
authorized under the authority of section seven, 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 fifth
day of January, one thousand nine hundred ninety-nine,
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.
NOTE: The purpose of this bill is to authorize the
Division of Environmental Protection
to promulgate a
legislative rule relating to Emission Standards fFor
Hazardous Air Pollutants Pursuant tTo 40 CFR Part 63
.
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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