ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4136
(By Delegates Hunt, Linch, Compton, Jenkins,
Faircloth and Riggs)
[Passed March 14, 1998; in effect from passage.]
AN ACT to amend and reenact section one, article three, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
two, 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 and
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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing division of
environmental protection to promulgate legislative rules
relating to acid rain provisions and permits; authorizing
division of environmental protection to promulgate legislative
rules relating to emission standards for hazardous air
pollutants pursuant to 40 CFR Part 63; authorizing division
of environmental protection to promulgate legislative rules
relating to hazardous waste management; authorizing division
of environmental protection to promulgate legislative rules
relating to requirements governing water quality standards;
authorizing division of environmental protection to promulgate
legislative rules relating to prevention and control
particulate air pollution from manufacturing process
operations; authorizing division of environmental protection
to promulgate legislative rules relating to prevention and
control of emissions from municipal solid waste landfills;
authorizing division of environmental protection to promulgate
legislative rules relating to emission standards for hazardous
air pollutants pursuant to 40 CFR Part 63; authorizing
division of environmental protection to promulgate legislative
rules relating to surface mining and reclamation regulations;
authorizing environmental quality board to promulgate
legislative rules relating to water quality standards; and
authorizing environmental quality board to promulgate legislative rules relating to groundwater standards.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section two,
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
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, article five,
chapter twenty-two, of this code, relating to the division of
environmental protection (acid rain provisions and permits, 45 CSR
33), is authorized.
(b) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, 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.
(c) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven, 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.
(d) The legislative rule filed in the state register on the
fourteenth day of August, one thousand nine hundred ninety-seven,
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 particulate air
pollution from manufacturing process operations, 45 CSR 7) is
authorized.
(e) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
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 seventh day of January, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (to prevent
and control of emissions from municipal solid waste landfills, 45
CSR 23), is authorized.
(f) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, article one, 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 second day of December, one thousand nine hundred ninety- seven, 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.
(g) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section three, article one,
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 fifth day of January, one thousand nine hundred ninety- eight,
relating to the division of environmental protection (surface
mining and reclamation regulations, 38 CSR 2), is authorized.
§64-3-2. Environmental quality board
(a) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section four, article three,
chapter twenty-two-b, of this code, modified by the environmental
quality board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- second day of January, one thousand nine hundred ninety-eight, relating to the environmental quality board (requirements governing
water quality standards, 46 CSR 1), is authorized until the
thirtieth day of October, 1999: Provided, That the environmental
quality board shall review, revise and propose, within this
statutory deadline, and in accordance with the provisions of
chapter twenty-nine-a of this code, emergency and legislative rules
to address the interpretive differences regarding the designation
of category A waters and analyze the need for distance prohibitors
for the policies of public drinking water intake, with the
following amendments:
By deleting the strike-throughs in subdivisions 8.22.1 and
8.22.2;
And,
On page fourteen, subsection 7.2.b after the word 'NOTE:' by
inserting the following:
'With the exception of section 7.2.c.5 listed herein
exceptions do not apply to trout waters nor the requirements of
section 3.'
And on page fourteen, after paragraph 7.2.c.4 by inserting a
new paragraph 7.2.c.5, to read as follows:
'For the upper Blackwater River from the mouth of Yellow Creek
to a point 5.1 miles upstream, when flow is less than 7Q10,
naturally occurring values for Dissolved Oxygen as established by
data collected by the dischargers within this reach and reviewed by the Board and Division of Environmental Protection shall be the
applicable criteria.'
And,
On page forty-four, by striking out subsection 8.17.1 in its
entirety and inserting in lieu thereof a new subsection 8.17.1 to
read as follows:
"Effluent limitations regarding Mn shall not apply where the
applicant certifies the stream or stream segment is not category A
water."
(b) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section four, article three,
chapter twenty-two-b, of this code, modified by the environmental
quality board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- third day of January, one thousand nine hundred ninety-eight,
relating to the environmental quality board (requirements governing
groundwater standards, 46 CSR 12), is authorized.