WEST virginia legislature

2016 regular session

Originating

House Bill 118

By Fast, Summers, Overington, folk, shott, mccluskey, ireland, kessinger, sobonya, deem, and foster

[Originating in the Committee on the Judiciary; Reported on June 2, 2016]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,  designated §64-3-1a, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to standards of performance for new stationary sources.

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 section, designated §64-3-1a to read as follows:

 ARTICLE 3. Authorization for department of environmental protection to promulgate legislative rules.

§64-3-1a. Department of Environmental Protection, Air Quality.

The legislative rule filed in the State Register on July 24, 2015, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection, Air Quality (standards of performance for new stationary sources, 45 CSR 16), is authorized with the following amendment set forth below:

On page 2, following subdivision 4.1,b., by adding the following new subdivision:

“4.1.c.  The following subparts of 40 CFR Part 60 relating to wood-burning heaters and appliances are expressly excluded and are not adopted or incorporated by reference in this rule:

4.1.c.1. The 2015 amendments to subpart AAA; and

4.1.c.2.  Subpart QQQQ.” 

NOTE: The purpose of this bill is to authorize the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to Standards of Performance for New Stationary Sources.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.