Bill-DEP Construction
H. B. 4289
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)
[Introduced January 28, 2000; 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 permits for construction, modification, relocation
and operation of stationary sources of air pollutants,
notification requirements, administrative updates,
temporary permits, general permits and procedures for
evaluation.
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 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.
(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
(standards of performance for new stationary sources, 45
CSR 16), is authorized.
(c) 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.
(d) 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.
(e) 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.
(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,
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.
(g) 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
(emission standards for hazardous air pollutants pursuant
to 40 CFR Part 63, 45 CSR 34), 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
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.
(i) 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.
(j) 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.
(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
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.
(l) 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.
(m) 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.
(n) 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.
(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
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.
(p) The legislative rules filed in the state register
on the seventh day of October, one thousand nine hundred
ninety-eight, relating to the division of environmental protection (underground storage tank insurance trust fund,
33 CSR 32), are authorized.
(q) The legislative rule filed in the state register
on the seventeenth day of December, one thousand nine
hundred ninety-nine, 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
twenty-fifth day of January, two thousand, relating to the
division of environmental protection (permits for
construction, modification, relocation and operation of
stationary sources of air pollutants, notification
requirements, administrative updates, temporary permits,
general permits and procedures for evaluation
, 45 CSR 13),
is authorized with the following amendment:
On page 18, subsection 12.1, after the words "section
3 of 45CSR22" by changing the period to a colon and adding
the following words "provided, that the application fee for
a source applying and/or registering under the general
permit for natural gas compressor stations shall be five
hundred dollars ($500)."
NOTE: The purpose of this bill is to authorize the
Division of Environmental Protection
to promulgate a
legislative rule relating to Permits For Construction,
Modification, Relocation and Operation Of Stationary
Sources Of Air Pollutants, Notification Requirements,
Administrative Updates, Temporary Permits, General Permits
And Procedures For Evaluation
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.