COMMITTEE SUBSTITUTE
FOR
H. B. 2533
(By Delegates Hunt, Compton, Jenkins, Linch, Faircloth and Riggs)
[Originating in the Committee on the Judiciary)
[February 19, 1999]
A BILL to amend and reenact sections one and two, 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; authorizing various executive or
administrative agencies to promulgate certain legislative
rules in the form that the rules were filed in the state
register; authorizing the various executive or administrative
agencies to promulgate legislative rules as amended by the
Legislature; authorizing various executive or administrative
agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing the division of
environmental protection to promulgate a legislative rule
relating to ambient air quality standards for sulfur oxides
and particulate matter; authorizing the division of
environmental protection to promulgate a legislative rule
relating to carbon monoxide & ozone; authorizing the division
of environmental protection to promulgate a legislative rule
relating to standards of performance for new stationary
sources; authorizing the division of environmental protection
to promulgate a legislative rule relating to the prevention
and control of emissions from hospital, medical, and
infectious waste incinerators; 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 acid rain provisions
and permits; authorizing the division of environmental
protection to promulgate a legislative rule relating to
emission standards for hazardous air pollutants pursuant to 40
CFR Part 63; authorizing the division 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 to applicable air quality implementation plans (transportation
conformity); authorizing the division of environmental
protection to promulgate a legislative rule relating to the
awarding of West Virginia stream partners program grants;
authorizing the division of environmental protection to
promulgate a legislative rule relating to West Virginia
surface mining and reclamation; authorizing the division of
environmental protection to promulgate a legislative rule
relating to solid waste management; authorizing the division
of environmental protection to promulgate a legislative rule
relating to sewage sludge management; 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 the state construction grants
program; authorizing the division of environmental protection
to promulgate a legislative rule relating to the pollution
prevention and compliance assistance rule; authorizing the
division of environmental protection to promulgate a
legislative rule relating to the state water pollution control
revolving fund program; and authorizing the environmental
quality board to promulgate a legislative rule relating to the
requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That sections one and two, 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
thirty-first day of July, one thousand nine hundred ninety-eight,
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 twenty-second day of January, one thousand nine hundred ninety- nine, relating to the division of environmental protection (ambient
air quality standards for sulfur oxides and particulate matter, 45
CSR 8), is authorized.
(b) 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 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 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.
(c) 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 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 fifth day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection (standards of
performance for new stationary sources, 45 CSR 16), is authorized.
(d) The legislative ruled filed in the state register on the
third day of August, one thousand nine hundred ninety-eight,
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 fifth day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection (to prevent
and control emissions from hospital, medical, and infectious waste
incinerators, 45 CSR 24), is authorized.
(e) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight,
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 fifth day of January, one thousand nine hundred ninety-nine,
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.
(f) 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 four, 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.
(g) The legislative ruled filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-eight,
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 fifth day of January, one thousand nine hundred ninety-nine,
relating to the division 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 to applicable air quality implementation plans
(transportation conformity), 45 CSR 36), 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 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 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 (emission standards for
hazardous air pollutants pursuant to 40 CFR Part 63, 45 CSR 34), is
authorized.
(i) 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 fourteen, 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 second day of November, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (awarding of
West Virginia stream partners program grants, 60 CSR 4) is
authorized.
(j) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred 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 twenty-second day of January, one thousand nine hundred ninety- nine, relating to the division of environmental protection (surface
mining and reclamation regulations, 38 CSR 2), is authorized. (k) 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 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 seventh day of October, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (solid waste
management, 33 CSR 1), is authorized.
(l) 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 twenty, 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 twentieth day of November, one thousand nine hundred ninety- eight, relating to the division of environmental protection (sewage
sludge management, 33 CSR 2), is authorized.
(m) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight,
authorized under the authority of section six, article eighteen,
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 October, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (hazardous
waste management, 33 CSR 20), is authorized.
(n) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section six, article two, chapter
twenty-two-c of this code, relating to the division of
environmental protection (state construction grants program, 47 CSR
33), is authorized.
(o) 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 six, 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 twenty- second day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection (pollution
prevention and compliance assistance rule, 47 CSR 3), is
authorized.
(p) 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 three, article two,
chapter twenty-two-c 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 November, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (state water
pollution control revolving fund program, 47 CSR 31), is
authorized.
§64-3-2. Environmental quality board.
The legislative rule filed in the state register on the third
day of August, one thousand nine hundred ninety-eight, authorized
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
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 amendments set forth below:
On page fourteen, subsection 7.2.b., by following the words
"contrary provision," by striking the word "numeric";
And, On page twenty, by striking-out all of subsection 8.5..
These sections have been completely rewritten; therefore, strike-throughs and underlining have been omitted.