H. B. 2522


(By Delegates Hunt, Linch, Compton, Faircloth,

Jenkins and Riggs)


[Introduced February 1, 1999; referred to the

Committee on the Judiciary.]



A BILL 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, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to ambient air quality standards for carbon monoxide and ozone.

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, 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.
(h) The legislative rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-eight, authorized under the authority of section one, 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 fifth day of January, one thousand nine hundred ninety-nine, relating to the division of environmental protection (ambient air quality standards for carbon monoxide and ozone
, 45 CSR 9), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Environmental Protection to promulgate a legislative rule relating to Ambient Air Quality Standards for Carbon Monoxide and Ozone
.

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