H. B. 2529
(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 West Virginia surface mining and reclamation.
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 thirtieth day of August July, one thousand
nine hundred ninety-seven ninety-eight, 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 twenty-second day of January,
one thousand nine hundred ninety-eight ninety-nine,
relating to the division of environmental protection
(surface mining and reclamation regulations, 38 CSR 2), is
authorized.
NOTE: The purpose of this bill is to authorize the
Division of Environmental Protection to promulgate a
legislative rule relating to West Virginia Surface Mining
and Reclamation
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.