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House Bill 4193 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4193
(By
Delegates Mahan, R. Thompson, Cann,
Kominar, Armstead and Faircloth
)
[Passed March 12, 2004; in effect from passage.]
AN ACT
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; disapproving certain legislative rules
presented to the Legislature for authorization; authorizing
the department of environmental protection to promulgate a
legislative rule relating to the Nox budget trading program as
a means of control and reduction of nitrogen oxides from
nonelectric generating units; authorizing the department of
environmental protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants
pursuant to 40 CFR Part 61; authorizing the department of
environmental protection to promulgate a legislative rule
relating to standards of performance for new stationary
sources pursuant to 40 CFR Part 60; authorizing the department
of environmental protection to promulgate a legislative rule
relating to the prevention and control of air pollution from
hazardous waste treatment, storage or disposal facilities;
authorizing the department of environmental protection to
promulgate a legislative rule relating to emission standards
for hazardous air pollutants for source categories pursuant to
40 CFR Part 63; authorizing the department of environmental
protection to promulgate a legislative rule relating to
requirements for determining conformity of transportation
plans, programs and projects developed, funded or approved
under Title 23 U.S.C. or the federal transit laws applicable air quality implementation plans (transportation conformity);
authorizing the department of environmental protection to
promulgate a legislative rule relating to surface mining
reclamation; authorizing the department of environmental
protection to promulgate a legislative rule relating to solid
waste management; authorizing the department of environmental
protection to promulgate a legislative rule relating to
hazardous waste management; authorizing the department of
environmental protection to promulgate a legislative rule
relating to the West Virginia NPDES rule for coal mining
facilities; authorizing the environmental quality board to
promulgate a legislative rule relating to requirements
governing water quality standards; and authorizing the
environmental quality board to promulgate emergency and
legislative rules on or before the first day of October, two
thousand four, to revise the aquatic life aluminum criteria.
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 DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of environmental protection.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (Nox
budget trading program as a means of control and reduction of
nitrogen oxides from non-electric generating units, 45 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
Part 61, 45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, 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 pursuant to 40
CFR Part 60, 45 CSR 16), is authorized with the following
amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management" the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (to
prevent and control air pollution from hazardous waste treatment,
storage or disposal facilities, 45 CSR 25), is authorized with the
following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(e) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants for source
categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized
with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(f) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (requirements for determining conformity of transportation plans,
programs and projects developed, funded or approved under Title 23
U.S.C. or the federal transit laws applicable to air quality
implementation plans (transportation conformity), 45 CSR 36), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(g) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, 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 sixteenth day of
January, two thousand four, relating to the department of
environmental protection (surface mining reclamation, 38 CSR 2), is
authorized.
(h) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section five, 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 second day of December, two thousand three, relating to the department of
environmental protection (solid waste management, 33 CSR 1), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(i) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section one, article eighteen, 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 second day of
December, two thousand three, relating to the department of
environmental protection (hazardous waste management, 33 CSR 20),
is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(j) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, 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 twentieth day of
November, two thousand three, relating to the department of
environmental protection (West Virginia NPDES rule for coal mining
facilities, 47 CSR 30), is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
§64-3-2. Environmental quality board.
The legislative rule filed in the state register on the first
day of August, two thousand three, 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 not authorized.
(1) The legislative rule filed in the state register on the
fourteenth day of April, two thousand three, and effective the
twenty-fifth day of June
, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two-b of
this code, authorized by the Legislature during the regular session
of the Legislature in two thousand three, relating to the
environmental quality board (requirements governing water quality
standards, 46 CSR 1), is reauthorized with the following
amendments:
On page seven, section 6.2.d., after the words "(requirements
for Category A waters.)", by striking out the words "The manganese
human health criteria shall not apply where the discharge point of
the manganese is located more than five miles upstream from a known
drinking water source." and inserting the following:
"The manganese human health criterion shall only apply within
the five-mile zone immediately upstream above a known public or
private water supply used for human consumption.";
On page ten, section 7.2.a.2., after the words "(to its
headwaters.)" by striking out the words "Until September 1, 2004,
the one-half mile zone described in this section shall not apply to
the Ohio River main channel (between Brown's Island and the left
descending bank) between river mile points 61.0 and 63.5." and
inserting in lieu thereof the words "Until September 1, 2010, or
until action by the Environmental Quality Board to revise this
provision, whichever comes first, the one-half (½) mile zone
described in this section shall not apply to the Ohio River main
channel (between Brown's Island and the left descending bank)
between river mile points 61.0 and 63.5 for the Category A
criterion for iron as set forth in §8 herein. Weirton Steel
Corporation shall conduct monthly monitoring of the treated water
at its drinking water plant for iron and submit the results of such
monitoring to the West Virginia Bureau for Public Health and the
Office of Water Resources of the West Virginia Department of Environmental Protection. In addition, Weirton Steel Corporation
shall submit a written report regarding the status of its drinking
water plant and the issues pertaining thereto to the Environmental
Quality Board on or before March 1, 2007.";
On pages twelve and thirteen, section 7.2.d.16.2. after the
words "the following instream criteria:" by striking the remainder
of 7.2.d.16.2. and inserting in lieu thereof, the following:
"Lead 14 ug/l, Daily Maximum, Temperature 100 degree F
(monitored per Footnote 12 of the permit); Iron 4.0 mg/l, monthly
average and 8.0 mg/l Daily Maximum (monitored per Footnote 12 of
the permit). Weirton Steel Corporation shall continue to submit to
the Office of Water Resources of the West Virginia Department of
Environmental Protection, on an annual basis summary reports on the
water quality of the discharge from Outlet 004 and the efforts made
by Weirton Steel Corporation during the previous year to improve
the quality of the discharge. These exceptions shall be in effect
until action by the Environmental Quality Board to revise the
exceptions or until July 1, 2007, whichever comes first.";
On page thirteen, section 7.2.d.19., by adding a new paragraph
designated 7.2.d.19.3. to read as follows:
7.2.d.19.3. Except that in Ward Hollow of Davis Creek, the
following site-specific numeric criterion for chloride shall apply
for Category A and Category B1 (chronic aquatic life
protection):310,000 ug/L.;
On page 30, APPENDIX E, TABLE 1, column one, by striking out
the words "The concentration of un-ionized ammonia (NH3) shall not
exceed 50 ug/l.; and
On page 30, APPENDIX E, TABLE 1, by striking all the
provisions of 8.2. and on page 31, by renumbering 8.2.1. as 8.2..
(2) In addition to the forgoing amendments to the rule the
environmental quality board shall, in cooperation with the
regulated community and the department of environmental protection,
propose for promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code, an emergency and
legislative rule on or before the first day of October, two
thousand four, to revise the aquatic life aluminum criterion.
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