COMMITTEE SUBSTITUTE
FOR
H. B. 2601
( By Delegates Brown, Miley, Burdiss and Talbott )

(Originating in the Committee on the Judiciary)

[February 20, 2007]

A

BILL to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended; 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 or 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 certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; repealing certain legislative rules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of refuse ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to haza rdous waste management system ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the individual state certification of activities requiring a federal permit ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the ambient air quality standards ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the emission standards for hazardous air pollutant s ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of annual nitrogen oxides emissio ns ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual sulfur dioxide emissions ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the West Virginia explosives and blasting rule ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation ; relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the coalbed methane wells ; relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to antidegradation implementation procedures ; authorizing the Department of Environmental Protection to prom ulgate a legislative rule relating to the recycling assistance grant program ; authorizing the Department of Environmental Protection to prom ulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities ; authorizing the Department of Environmental Protection to prom ulgate a legislative rule relating to standards for beneficial use of filtrate from water treatment plants ; repealing a legislative rule relating to the Ambient Air Quality Standards for Carbon Monoxide and Ozone ; repealing a legislative rule relating Ambient Air Quality Standards for Nitrogen Dioxide ; repealing a legislative rule relating Emission Standards for Hazardous Air Pollutants Pursuant to 40 CSR Part 61 ; and repealing a legislative rule relating To Prevent and Control Emissions from Hospital/Medical Infectious Waste Incinerators .

Be it enacted by the Legislature of West Virginia:
That article 3, chapter 64 of the code of West Virginia, 1931, 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 twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (control of air pollution from the combustion of refuse, 45 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.
(c) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage and disposal facilities, 45 CSR 25), is authorized.
(d) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section six, article eighteen, chapter twenty-two, of this code, relating to the Department of Environmental Protection (haza rdous waste management system, 33 CSR 20), is authorized.
(e) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven-b, article eleven, chapter twenty-two, of this code, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized.
(f) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven-a, article eleven, chapter twenty-two, of this code, relating to the Department of Environmental Protection (individual state certification of activities requiring a federal permit, 47 CSR 5A), is authorized.
(g) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand six, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8), is authorized.
(h) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand six, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.
(i) T he legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand six, relating to the Department of Environmental Protection (emission standards for hazardous air pollutant s, 45 CSR 34), is authorized.
(j) T he legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of December, two thousand six, relating to the Department of Environmental Protection (control of annual nitrogen oxides emissio ns, 45 CSR 39), is authorized.
(k) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand six, relating to the Department of Environmental Protection (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.
(l) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand six, relating to the Department of Environmental Protection (control of annual sulfur dioxide emissions, 45 CSR 41), is authorized.
(m) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article three-A, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the nineteenth day of January, two thousand seven, relating to the Department of Environmental Protection (West Virginia explosives and blasting rule, 19 9 CSR 1), is authorized.
(n) T he legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article three, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of December, two thousand six, relating to the Department of Environmental Protection (surface mining reclamation, 38 CSR 2), is authorized.
(o) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article twenty-one, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventeenth day of January, two thousand seven, relating to the Department of Environmental Protection (coalbed methane wells, 35 CSR 3), is authorized with the following amendment:
"on page 28, subdivision 16.2.e., by striking the words 'five (5)' and inserting in lieu thereof, the words 'fifteen (15)'. "
(p) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article twenty-two, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- fifth day of October, two thousand six, relating to the Department of Environmental Protection (voluntary remediation and redevelopment, 60 CSR 3), is authorized.
(q) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven-b, article eleven, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of January, two thousand seven, relating to the Department of Environmental Protection (antidegradation implementation procedures, 60 CSR 5), is authorized.
(r) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section three, article fifteen-A, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- fifth day of October, two thousand six, relating to the Department of Environmental Protection (recycling assistance grant program, 33 CSR 10) , is authorized.
(s) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section four, article eleven, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the nineteenth day of January, two thousand seven, relating to the Department of Environmental Protection (WV/NPDES rules for coal mining facilities, 47 CSR 30), is authorized.
(t) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand six, authorized under the authority of section twenty-three, article fifteen, chapter twenty- two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventeenth day of January, two thousand seven, relating to the Department of Environmental Protection (standards for beneficial use of filtrate from water treatment plants, 33 CSR 9), is authorized with the following amendments:
On page 14, subdivision 10.1.b., by striking the proviso at the end of the paragraph, inserting a period and the following sentence:
"The filtrate shall be monitored each time the water treatment plant processing procedure is changed, otherwise the filtrate shall be monitored once a year."
And,

On page 17, by striking Appendix A of the rule in its entirety.

(u) The legislative rule currently in effect as 45CSR9, (Ambient Air Quality Standards for Carbon Monoxide and Ozone) filed by the Department of Environmental Protection under the authority of section four, article five, chapter twenty-two of this code, is repealed.
(v) The legislative rule currently in effect as 45CSR12, (Ambient Air Quality Standards for Nitrogen Dioxide) filed by the Department of Environmental Protection under the authority of section four, article five, chapter twenty-two of this code, is repealed.
(w) The legislative rule currently in effect as 45CSR15, (Emission Standards for Hazardous Air Pollutants Pursuant to 40 CSR Part 61) filed by the Department of Environmental Protection under the authority of section four, article five, chapter twenty-two of this code, is repealed.
(x) The legislative rule currently in effect as 45CSR24, (To Prevent and Control Emissions from Hospital/Medical Infectious Waste Incinerators) filed by the Department of Environmental Protection under the authority of section four, article five, chapter twenty-two of this code, is repealed.