Senate Bill No. 300
(By Senators Ross, Anderson, Minard,
Snyder, Boley and Minear)
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[Introduced January 24, 2002; referred to the
Committee on Natural Resources;
and then to the Committee on
the Judiciary.]
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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 standards of performance for new stationary sources pursuant to 40 CFR Part 60.
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
twenty-ninth day of August, two thousand, authorized under the
authority of section four, 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 61, 45 CSR 15), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth twenty-seventh day of August July, two thousand
one, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the division
of environmental protection (standards of performance for new
stationary sources pursuant to 40 CFR Part 60, 45 CSR 16), is
authorized.
(c) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, 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 emissions from municipal solid waste
landfills, 45 CSR 23), is authorized.
(d) The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section four, article five, chapter twenty-two, of
this code, relating to the division of environmental protection
(requirements for operating permits, 45 CSR 30), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section four, 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.
(f) The legislative rule filed in the state register on the
twenty-third day of August, two thousand, authorized under the
authority of section two, article six, chapter twenty-two, of
this code, relating to the division of environmental protection
(oil and gas wells and other wells, 35 CSR 4), is authorized.
(g) The legislative rule filed in the state register on the twenty-third day of August, two thousand, 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.
(h) The legislative rule filed in the state register on the
twenty-third day of August, two thousand, authorized under the
authority of section six, article eighteen, chapter twenty-two,
of this code, relating to the division of environmental
protection (underground storage tanks, 33 CSR 30), is
authorized.
(i) The legislative rule filed in the state register on the
first day of September, two thousand, 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 thirteenth
day of December, two thousand, relating to the division of
environmental protection (NOx budget trading program as a means
of control and reduction of nitrogen oxides, 45 CSR 1), is
authorized
(j) The legislative rule filed in the state register on the first day of September, two thousand, 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 eighteenth
day of January, two thousand one, relating to the division of
environmental protection (to prevent and control air pollution
from combustion of refuse, 45 CSR 6), is authorized.
(k) The legislative rule filed in the state register on the
thirty-first day of August two thousand, 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 fourteenth
day of December, two thousand, 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.
(l) The legislative rule filed in the state register on the
fourth day of May, two thousand, authorized under the authority
of section four, 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 twentieth day of July, two
thousand, relating to the division of environmental protection
(awarding of the West Virginia stream partners program grant, 60
CSR 4), is authorized.
(m) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section three, article three-a, 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 February, two thousand one, relating to the
division of environmental protection (surface mining blasting,
199 CSR 1), is authorized with the following amendments:
On page 2, subsection 2.8, after the word "outermost" by
inserting the word "loaded";
On page 6, subdivision 3.2.c, by striking out the proposed
sentence at the end of the paragraph and inserting in lieu
thereof a new sentence to read as follows: For all surface coal
extraction operations that will include production blasting, the
monitoring procedure shall include provisions for monitoring
ground vibrations and air blast.;
On pages 8 and 9, subdivision 3.6.a, by striking out the
fourth and fifth sentences in their entirety;
On page 11, subdivision 3.6.i, by inserting the words "A
copy of" at the beginning of the last sentence of the
subdivision;
On page 13, subdivision 3.8.a, at the end of subdivision,
by changing the period to a colon and adding a proviso to read
as follows: Provided, That once all required preblast surveys
have been accepted by the Office of Explosives and Blasting,
blasting may commence sooner than 15 days of submittal.;
On page 14, subdivision 3.10.a, by striking out the
subdivision in its entirety and inserting in lieu thereof a new
subdivision 3.10.a to read as follows: The office shall review
each preblast survey as to form and completeness only, and
notify the operator of any deficiencies. The operator or his
designee shall correct deficiencies within 30 days from receipt
of notice of deficiencies.;
On page fifteen, subsection 4.1.a., following the words
'sign the blasting log.' by inserting the following sentence:
'Nothing in this rule modifies statutory regulatory authority of
the state fire marshal and the state fire commission to regulate
blasting and explosives.;
And,
On page 25, subsection 6.1 by striking out the words "West
Virginia Mining and Reclamation Association" and by inserting
the word "Inc." after the words "West Virginia Coal
Association"."
(n) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section four, article three, 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-sixth
day of October, two thousand, relating to the division of
environmental protection (surface mining and reclamation rule,
38 CSR 2), is authorized.
On page 34 of the rule, subdivision 3.22.e, by striking out
the last sentence and inserting in lieu thereof the following:
Material damage to the hydrologic balance outside the permit
areas means any long term or permanent change in the hydrologic
balance caused by surface mining operations which has a
significant adverse impact on the capability of the affected
water resources to support existing conditions and uses.;
On page 104 of the rule, paragraph 11.3.a.3, after the word "surety" by inserting the words "received after July 1, 2001";
On page 135 of the rule, subdivision 12.2.e. after the word
"standards" by striking out the words "Measures taken during
mining to prevent the formation of waters not in compliance with
effluent limitations or water quality standards shall not be
considered passive treatment" and inserting in lieu thereof the
following: "Measures approved in the permit and taken during
mining and reclamation to prevent the formation of acid drainage
shall not be considered passive treatment:";
On page 206 of the rule, subsection 24.4 at the end of the
subsection, after the word "rule", by inserting the words
"Provided, That there is no evidence of a premature vegetation
release."
(o) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section four, article four, 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 fifteenth day
of February, two thousand one, relating to the division of
environmental protection (quarrying and reclamation, 38 CSR 3),
is authorized with the following amendments:
"On page 22 of the rule, subsection 8.5., by striking all
the language in subsection 8.5 and replacing it with the
following language: 'Backfilling. -- All available spoil
material shall be used as necessary to backfill pit areas, to
provide positive drainage and to achieve the reclamation as
provided for in the approved reclamation plan. Excess spoil
shall be placed in controlled fills or spoil piles in accordance
with section 9 of this rule. Spoil material that is approved to
be placed in permanent excess spoil disposal areas is not
required to used as backfill.'
And,
On page 35 of the rule, subsection 9.4.c.4, following the
words 'professional engineer' inserting the following sentence
'The spoil pile shall be considered dormant and shall not need
to be certified during periods of inactivity that exceed ninety
(90) days in length.'"
(p) The legislative rule filed in the state register on the
twenty-third day of August, two thousand, authorized under the
authority of section two, article six, 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-sixth day of October, two thousand, relating to the division of
environmental protection (certification of gas wells, 35 CSR 7),
is authorized.
(q) The legislative rule filed in the state register on the
thirty-first day of August, two thousand, authorized under the
authority of section eight, article eleven, 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 twenty-third
day of February, two thousand one, relating to the division of
environmental protection (yard waste composting, 33 CSR 3), is
authorized.
(r) The legislative rule filed in the state register on the
thirty-first day of August, two thousand, 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
fifteenth day of December, two thousand, relating to the
division of environmental protection (waste tire management, 33
CSR 5), is authorized.
NOTE: The purpose of this bill is to authorize the Division
of Environmental Protection to promulgate a legislative rule
relating to Standards of Performance for New Stationary Sources
Pursuant to 40 CFR Part 60.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.