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Introduced Version - Originating in Committee Senate Bill 584 History

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

WEST virginia legislature

2016 regular session

Originating

Senate Bill 584

By Senators Trump, Maynard, Ferns, Carmichael, Cline, Karnes, Gaunch, Leonhardt, Ashley, Snyder, Palumbo, Beach, Miller, Kirkendoll, Romano, Woelfel and Williams

[Originating in the Committee on the Judiciary; Reported on February 11, 2016.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4, §64-12-5, §64-12-6 and §64-12-7, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; repealing certain legislative, procedural and interpretive rules promulgated by certain agencies and boards under the Department of Environmental Protection; repealing the Department of Environmental Protection legislative rule relating to requiring the submission of emission statements for volatile organic compound emissions and oxides; repealing the Department of Environmental Protection legislative rule relating to bona fide future use; repealing the Department of Environmental Protection legislative rule relating to abandoned wells; repealing the Department of Environmental Protection legislative rule relating to the Environmental Excellence Program; repealing the Department of Environmental Protection legislative rule relating to oil and gas operations – solid waste; repealing the Department of Environmental Protection legislative rule relating to the Recycling Assistance Fund Grant Program; repealing the Department of Environmental Protection legislative rule relating to commercial hazardous waste management facility siting fees; repealing the Department of Environmental Protection legislative rule relating to groundwater protection standards; repealing the Department of Environmental Protection legislative rule relating to Underground Storage Tank Insurance Trust Fund; repealing the Department of Environmental Protection legislative rule relating to hazardous waste management; repealing the Department of Environmental Protection legislative rule relating to solid waste management; repealing the Department of Environmental Protection legislative rule relating to waste tire management; repealing the Department of Environmental Protection legislative rule relating to sewage sludge management; repealing the Department of Environmental Protection legislative rule relating to Hazardous Waste Emergency Response Fund regulations; repealing the Department of Environmental Protection interpretive rule relating to initial inspection, certification and spill prevention response plan requirements; repealing the Department of Environmental Protection legislative rule relating to the Office of the Environmental Advocate; repealing the Department of Environmental Protection legislative rule relating to coal refuse; repealing the Department of Environmental Protection procedural rule relating to administrative procedures and civil administrative penalty assessment – Water Resources Protection Act; repealing the Department of Environmental Protection procedural rule relating to procedures and practice before the Department of Energy; repealing the Commercial Hazardous Waste Management Facility Siting Board legislative rule relating to certification requirements; repealing the Environmental Quality Board legislative rule relating to requirements governing water quality standards; repealing the Environmental Quality Board procedural rule relating to requests for information; repealing the Environmental Quality Board procedural rule relating to rules governing the notice of open meetings under the Open Governments Proceedings Act; repealing the Miner Training, Education and Certification Board legislative rule relating to certification of blasters for surface coal mines and surface areas of underground mines; repealing the Miner Training, Education and Certification Board legislative rule relating to standards for certification of blasters for surface coal mines and surface areas of underground mines; repealing the Water Resources Board legislative rule relating to the State National Pollutant Discharge Elimination System Program; repealing the Water Resources Board legislative rule relating to requirements governing the State National Pollutant Discharge Elimination System; repealing the Air Quality Board procedural rule relating to requests for information; repealing the Oil and Gas Inspectors Examining Board procedural rule relating to matters pertaining to the rules and regulations dealing with the Oil and Gas Inspectors Examining Board; and repealing the Board of Miner Training, Education and Certification procedural rule relating to temporary suspension of certificates issued to persons pending full hearing before the board of appeals.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4, §64-12-5, §64-12-6 and §64-12-7, all to read as follows:

article 12. Repeal of unauthorized and obsolete legislative rules by the department of environmental protection.


§64-12-1. Department of Environmental Protection.

(a) The legislative rule effective on July 7, 1993, authorized under the authority of section five, article twenty, chapter sixteen of this code, relating to the Department of Environmental Protection (requiring the submission of emission statements for volatile organic compound emissions and oxides, 45 CSR 29), is repealed.

(b) The legislative rule effective on July 1, 1993, authorized under the authority of section one, article one, chapter twenty-two-b of this code, relating to the Department of Environmental Protection (bona fide future use, 38 CSR 21), is repealed.

(c) The legislative rule effective on July 1, 1993, authorized under the authority of section thirteen, article one, chapter twenty-two of this code, relating to the Department of Environmental Protection (abandoned wells, 38 CSR 22), is repealed.

(d) The legislative rule effective on July 1, 2008, authorized under the authority of section four, article twenty-five, chapter twenty-two of this code, relating to the Department of Environmental Protection (Environmental Excellence Program, 60 CSR 8), is repealed.

(e) The legislative rule effective on June 12, 1987, authorized under the authority of section three, article one, chapter twenty-two of this code, relating to the Department of Environmental Protection (oil and gas operations – solid waste, 35 CSR 2), is repealed.

(f) The legislative rule effective on May 1, 2000, authorized under the authority of section five-a, article eleven, chapter twenty of this code, relating to the Department of Environmental Protection (Recycling Assistance Fund Grant Program, 58 CSR 5), is repealed.

(g) The legislative rule effective on June 1, 1994, authorized under the authority of section six, article five, chapter twenty-two-c of this code, relating to the Department of Environmental Protection (commercial hazardous waste management facility siting fees, 33 CSR 21), is repealed.

(h) The legislative rule effective on April 25, 1984, authorized under the authority of article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (groundwater protection standards, 33 CSR 23), is repealed.

(i) The legislative rule effective on July 1, 1999, authorized under the authority of section six, article seventeen, chapter twenty-two of this code, relating to the Department of Environmental Protection (Underground Storage Tank Insurance Trust Fund, 33 CSR 32), is repealed.

(j) The legislative rule effective on June 1, 1996, authorized under the authority of section one, article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (hazardous waste management, 47 CSR 35), is repealed.

(k) The legislative rule effective on June 2, 1996, 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, 47 CSR 38), is repealed.

(l) The legislative rule effective on June 2, 1996, authorized under the authority of section three, article one, chapter twenty-two of this code, relating to the Department of Environmental Protection (waste tire management, 47 CSR 38G), is repealed.

(m) The legislative rule effective on May 1, 1996, authorized under the authority of section twenty, article fifteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (sewage sludge management, 47 CSR 38D), is repealed.

(n) The legislative rule effective on April 14, 1997, authorized under the authority of section five, article five-g, chapter twenty of this code, relating to the Department of Environmental Protection (Hazardous Waste Emergency Response Fund regulations, 47 CSR 40B), is repealed.

(o) The interpretive rule effective on November 20, 2014, authorized under the authority of section twenty-three, article thirty, chapter twenty-two of this code, relating to the Department of Environmental Protection (initial inspection, certification and spill prevention response plan requirements, 47 CSR 62), is repealed.

(p) The legislative rule effective on July 1, 1997, authorized under the authority of section three, article one, chapter twenty-two of this code, relating to the Department of Environmental Protection (Office of the Environmental Advocate, 60 CSR 1), is repealed.

(q) The legislative rule effective on June 13, 1985, authorized under the authority of article six, chapter twenty of this code, relating to the Department of Environmental Protection (coal refuse, 38 CSR 2B), is repealed.

(r) The procedural rule effective on May 16, 2005, authorized under the authority of section six, article one, chapter twenty-two of this code, relating to the Department of Environmental Protection (administrative procedures and civil administrative penalty assessment – Water Resources Protection Act, 60 CSR 6), is repealed.

(s) The procedural rule effective on January 30, 1983, authorized under the authority of section one, article three, chapter twenty-two-a of this code, relating to the Department of Environmental Protection (procedures and practice before the Department of Energy, 38 CSR 1), is repealed.


§64-12-2. Commercial Hazardous Waste Management Facility Siting Board.

The legislative rule effective on May 19, 1994, authorized under the authority of section three, article ten, chapter twenty of this code, relating to the Commercial Hazardous Waste Management Facility Siting Board (certification requirements, 57 CSR 1), is repealed.


§64-12-3. Environmental Quality Board.

(a) The legislative rule effective on June 30, 2005, authorized under the authority of section four, article three, chapter twenty-two-b of this code, relating to the Environmental Quality Board (requirements governing water quality standards, 46 CSR 1), is repealed.

(b) The procedural rule effective on February 19, 1996, authorized under the authority of section three, article three, chapter twenty-nine-a of this code, relating to the Environmental Quality Board (requests for information, 46 CSR 8), is repealed.

            (c) The procedural rule effective on July 27, 1984, authorized under the authority of section three, article one, chapter twenty-two-b of this code, relating to the Environmental Quality Board (rules governing the notice of open meetings under the Open Governments Proceedings Act, 46 CSR 5), is repealed.    


§64-12-4. Miner Training, Education and Certification Board.

(a) The legislative rule effective on June 1, 1992, authorized under the authority of section six, article nine, chapter twenty-two of this code, relating to the Miner Training, Education and Certification Board (certification of blasters for surface coal mines and surface areas of underground mines, 48 CSR 5), is repealed.

(b) The legislative rule effective on July 1, 1993, authorized under the authority of section six, article nine, chapter twenty-nine of this code, relating to the Miner Training, Education and Certification Board (standards for certification of blasters for surface coal mines and surface areas of underground mines, 56 CSR 5), is repealed.

(c) The procedural rule effective on September 11, 1983, authorized under the authority of section eight, article three, chapter twenty-nine-a of this code, relating to the Board of Miner Training, Education and Certification (temporary suspension of certificates issued to persons pending full hearing before the board of appeals, 48  CSR 16), is repealed.


§64-12-5 Water Resources Board.

(a) The legislative rule effective on August 25, 1993, authorized under the authority of article five-a, chapter twenty of this code, relating to the Water Resources Board (State National Pollutant Discharge Elimination System Program, 46 CSR 2), is repealed.

(b) The legislative rule effective on July 1, 1987, authorized under the authority of article five-a, chapter twenty of this code, relating to the Water Resources Board (requirements governing the State National Pollutant Discharge Elimination System, 46 CSR 3), is repealed.


§64-12-6. Air Quality Board.

The procedural rule effective on February 2, 1996, authorized under the authority of section three, article three, chapter twenty-nine-a of this code, relating to the Air Quality Board (requests for information, 52 CSR 2), is repealed.


§64-12-7. Oil and Gas Inspectors Examining Board.

The procedural rule effective on January 18, 2009, authorized under the authority of section three, article seven, chapter twenty-two-c of this code, relating to the Oil and Gas Inspectors Examining Board  (matters pertaining to the rules and regulations dealing with the Oil and Gas Inspectors Examining Board, 40  CSR 1), is repealed.


 

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