COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 330
(By Senators Ross, Anderson, Minard,
Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported April 4, 2001.]
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A BILL to amend and reenact article three, chapter
sixty-four of the code of West Virginia, one thousand
nine hundred thirty-one, 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; authorizing the division
of environmental protection to promulgate a
legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61;
authorizing the division 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 division of
environmental protection to promulgate a legislative
rule relating to the prevention and control of emissions from municipal solid waste landfills;
authorizing the division of environmental protection
to promulgate a legislative rule relating to
requirements for operating permits; authorizing the
division 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 division
of environmental protection to promulgate a
legislative rule relating to oil and gas wells and
other wells; authorizing the division of environmental
protection to promulgate a legislative rule relating
to hazardous waste management; authorizing the
division of environmental protection to promulgate a
legislative rule relating to underground storage
tanks; authorizing the solid waste management board to
promulgate a legislative rule relating to the
developing, updating and amending of comprehensive
litter and solid waste control plans; authorizing the
solid waste management board to promulgate a legislative rule relating to the development of
commercial and solid waste facility siting plans;
authorizing the division 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; authorizing the division
of environmental protection to promulgate a
legislative rule relating to the prevention and
control of air pollution from the combustion of
refuse; authorizing the division 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 division of environmental
protection to promulgate a legislative rule relating
to the awarding of the West Virginia stream partners
program grant; authorizing the division of
environmental protection to promulgate a legislative
rule relating to surface mining blasting; authorizing
the division of environmental protection to promulgate a legislative rule relating to surface mining
reclamation; authorizing the division of environmental
protection to promulgate a legislative rule relating
to quarrying and reclamation; authorizing the division
of environmental protection to promulgate a
legislative rule relating to the certification of gas
wells; authorizing the division of environmental
protection to promulgate a legislative rule relating
to yard waste composting; and authorizing the division
of environmental protection to promulgate a
legislative rule relating to waste tire management.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all 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-ninth day of August, two thousand, authorized under the authority of section four, article five, chapter
twenty-two of this code, relating to the division of
environmental protection (emission standards for hazardous
air pollutants pursuant to 40 CFR Part 61, 45 CSR 15), is
authorized.
(b) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section four, article five, chapter
twenty-two of this code, relating to the division of
environmental protection (standards of performance for new
stationary sources pursuant to 40 CFR Part 60, 45 CSR 16),
is authorized.
(c) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, 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 emissions
from municipal solid waste landfills, 45 CSR 23), is
authorized.
(d) The legislative rule filed in the state register on the first day of September, two thousand, authorized
under the authority of section four, article five, chapter
twenty-two of this code, relating to the division of
environmental protection (requirements for operating
permits, 45 CSR 30), is authorized.
(e) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section four, article five, chapter
twenty-two of this code, relating to the division of
environmental protection (emission standards for hazardous
air pollutants pursuant to 40 CFR Part 63, 45 CSR 34), is
authorized.
(f) The legislative rule filed in the state register
on the twenty-third day of August, two thousand, authorized
under the authority of section two, article six, chapter
twenty-two of this code, relating to the division of
environmental protection (oil and gas wells and other
wells, 35 CSR 4), is authorized.
(g) The legislative rule filed in the state register
on the twenty-third day of August, two thousand, 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.
(h) The legislative rule filed in the state register
on the twenty-third day of August, two thousand, authorized
under the authority of section six, article eighteen,
chapter twenty-two of this code, relating to the division
of environmental protection (underground storage tanks, 33
CSR 30), is authorized.
(i) The legislative rule filed in the state register
on the first day of September, two thousand, 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 thirteenth day of December, two
thousand, relating to the division of environmental
protection (NOx budget trading program as a means of
control and reduction of nitrogen oxides, 45 CSR 1), is authorized.
(j) The legislative rule filed in the state register
on the first day of September, two thousand, 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 eighteenth day of January, two
thousand one, relating to the division of environmental
protection (to prevent and control air pollution from
combustion of refuse, 45 CSR 6), is authorized.
(k) The legislative rule filed in the state register
on the thirty-first day of August, two thousand, 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 fourteenth day of December, two
thousand, 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.
(l) The legislative rule filed in the state register
on the fourth day of May, two thousand, authorized under
the authority of section four, article thirteen, chapter
twenty 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 twentieth day of July, two thousand,
relating to the division of environmental protection
(awarding of the West Virginia stream partners program
grant, 60 CSR 4), is authorized.
(m) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section three, article three-a,
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 twentieth day of February, two
thousand one, relating to the division of environmental protection (surface mining blasting, 199 CSR 1), is
authorized with the following amendments:
On page 2, subsection 2.8, after the word "outermost"
by inserting the word "loaded";
On page 6, subdivision 3.2.c, by striking out the
proposed sentence at the end of the paragraph and inserting
in lieu thereof a new sentence to read as follows: For all
surface coal extraction operations that will include
production blasting, the monitoring procedure shall include
provisions for monitoring ground vibrations and air blast.;
On pages 8 and 9, subdivision 3.6.a, by striking out
the fourth and fifth sentences in their entirety;
On page 11, subdivision 3.6.i, by inserting the words
"A copy of" at the beginning of the last sentence of the
subdivision;
On page 13, subdivision 3.8.a, at the end of
subdivision, by changing the period to a colon and adding
a proviso to read as follows:
Provided, That once all
required preblast surveys have been accepted by the office
of explosives and blasting, blasting may commence sooner than 15 days of submittal.;
On page 14, subdivision 3.10.b, by striking out the
subdivision in its entirety and inserting in lieu thereof
a new subdivision 3.10.b to read as follows: The office
shall review each preblast survey as to form and
completeness only, and notify the operator of any
deficiencies. The operator or his designee shall correct
deficiencies within 30 days from receipt of notice of
deficiencies.;
On page 15, subsection 4.1.a., following the words
'sign the blasting log.' by inserting the following
sentence: 'Nothing in this rule modifies statutory
regulatory authority of the state fire marshal and the
state fire commission to regulate blasting and explosives.;
And,
On page 25, subsection 6.1 by striking out the words
"West Virginia mining and reclamation association" and by
inserting the word "Inc." after the words "West Virginia
coal association"."
(n) The legislative rule filed in the state register on the thirtieth day of August, two thousand, authorized
under the authority of section four, article three, 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 twenty-sixth day of October, two
thousand, relating to the division of environmental
protection (surface mining and reclamation rule, 38 CSR 2),
is authorized with the following amendments:
On page 34, subdivision 3.22.e, by striking out the
last sentence and inserting in lieu thereof the following:
Material damage to the hydrologic balance outside the
permit areas means any long term or permanent change in the
hydrologic balance caused by surface mining operations
which has a significant adverse impact on the capability of
the affected water resources to support existing conditions
and uses.;
On page 104, paragraph 11.3.a.3, after the word
"surety" by inserting the words "received after July 1,
2001";
On page 135, subdivision 12.2.e. by striking out the
second sentence, except for the proviso, and inserting in
lieu thereof the following: Measures approved in the permit
and taken during mining and reclamation to prevent the
formation of acid drainage shall not be considered passive
treatment:;
And,
On page 206, subsection 24.4 at the end of the
subsection, after the word "rule", by inserting the
following proviso: Provided, That there is no evidence of
a premature vegetation release.
(o) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section four, article four, 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 fifteenth day of February, two
thousand one, relating to the division of environmental
protection (quarrying and reclamation, 38 CSR 3), is authorized with the following amendments:
On page 15, paragraph 6.5.b.1. after the words "permit
area, and each" by striking out the words "person who
resides or regularly works" and inserting in lieu thereof
the words "resident and business establishment".
"On page 22 of the rule, subsection 8.5., by striking
all the language in subsection 8.5 and replacing it with
the following language: 'Backfilling. - - All available
spoil material shall be used as necessary to backfill pit
areas, to provide positive drainage and to achieve the
reclamation as provided for in the approved reclamation
plan. Excess spoil shall be placed in controlled fills or
spoil piles in accordance with section 9 of this rule.
Spoil material that is approved to be placed in permanent
excess spoil disposal areas is not required to be used as
backfill.'
And,
On page 35 of the rule, subsection 9.4.c.4, following
the words 'professional engineer' inserting the following
sentence 'The spoil pile shall be considered dormant and shall not need to be certified during periods of inactivity
that exceed ninety (90) days in length.'"
(p) The legislative rule filed in the state register
on the twenty-third day of August, two thousand, authorized
under the authority of section two, article six, 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 twenty-sixth day of October, two
thousand, relating to the division of environmental
protection (certification of gas wells, 35 CSR 7), is
authorized.
(q) The legislative rule filed in the state register
on the thirty-first day of August, two thousand, authorized
under the authority of section eight, article eleven,
chapter twenty 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 twenty-third day of February, two
thousand one, relating to the division of environmental protection (yard waste composting, 33 CSR 3), is
authorized.
(r) The legislative rule filed in the state register
on the thirty-first day of August, two thousand, authorized
under the authority of section five, article fifteen,
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 fifteenth day of December, two
thousand, relating to the division of environmental
protection (waste tire management, 33 CSR 5), is
authorized.
§64-3-3. Solid waste management board.
(a) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section twenty-three, article four,
chapter twenty-two-c of this code, relating to the solid
waste management board (developing, updating and amending
of comprehensive litter and solid waste control plans, 54
CSR 3), is authorized.
(b) The legislative rule filed in the state register
on the twenty-ninth day of August, two thousand, authorized
under the authority of section twenty-three, article four,
chapter twenty-two-c of this code, relating to the solid
waste management board (development of commercial and solid
waste facility siting plans, 54 CSR 4), is authorized.
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(NOTE: The purpose of this bill is to authorize the
agencies under the bureau of the environment to promulgate
legislative rules.
The article has been completely rewritten therefore
strike-throughs and underscoring have been omitted.
)
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