COMMITTEE SUBSTITUTE
FOR
H. B. 4163
(By Delegates Mahan, Wills, Cann,
Kominar, Faircloth and Riggs)
(Originating in the Committee on the Judiciary)
[February 25, 2002]
A BILL to amend and reenact 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 of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in
the state register; authorizing certain of the agencies to
promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing
certain of the agencies to promulgate certain legislative
rules as amended by the legislature; authorizing certain
of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by
the legislative rule-making review committee and as amended
by the legislature;
authorizing division of environmental
protection to promulgate legislative rule relating to
ambient air quality standards for sulfur oxides and
particulate matter; authorizing division of environmental
protection to promulgate legislative rule relating to
ambient air quality standards for carbon monoxide and
ozone; authorizing division of environmental protection to
promulgate legislative rule relating to emission standards
for hazardous air pollutants; authorizing division of
environmental protection to promulgate legislative rule
relating to standard of performance for new stationary
sources; authorizing division of environmental protection
to promulgate legislative rule relating to prevention and
control of air pollution from hazardous waste treatment,
storage or disposal facilities; authorizing division of
environmental protection to promulgate legislative rule relating to acid rain provisions and permits; authorizing
division of environmental protection to promulgate
legislative rule relating to nitrogen oxide budget trading
program as means of control and reduction of nitrogen
oxides; authorizing division of environmental protection to
promulgate legislative rule relating to prevention and
control of emissions from commercial and industrial solid
waste incineration units; authorizing division of
environmental protection to promulgate legislative rule
relating to nitrogen oxide budget trading program as means
of control and reduction of nitrogen oxides from electric
generating units; authorizing division of environmental
protection to promulgate legislative rule relating to
emission standards for hazardous air pollutants for source
categories; authorizing division of environmental
protection to promulgate legislative rule relating to
awarding West Virginia stream partners program grants;
authorizing division of environmental protection to
promulgate legislative rule relating to voluntary
remediation and redevelopment; authorizing division of
environmental protection to promulgate legislative rule
relating to surface mining and reclamation; authorizing division of environmental protection to promulgate
legislative rule relating to coal-related dam safety;
authorizing division of environmental protection to
promulgate legislative rule relating to hazardous waste
management; authorizing division of environmental
protection to promulgate legislative rule relating to
administrative proceedings and civil penalty assessment;
authorizing division of environmental protection to
promulgate legislative rule relating to state certification
of activities requiring federal licenses and permits;
authorizing division of environmental protection to
promulgate legislative rule relating to underground
injection control; authorizing division of environmental
protection to promulgate legislative rule relating to
groundwater protection standards at Dominion "Generation"
steam electric generation facility at Mount Storm, West
Virginia; authorizing division of environmental protection
to promulgate legislative rule relating to WVNPDES rules
for coal mining facilities; authorizing environmental
quality board to promulgate legislative rule relating to
requirements governing water quality standards; authorizing
environmental quality board to promulgate legislative rule relating to requirements governing groundwater standards;
and authorizing solid waste management board to promulgate
legislative rule relating to disbursement of grants to
solid waste authorities.
Be it enacted by the Legislature of West Virginia:
That 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
twenty-seventh day of 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 (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
twenty-seventh day of 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 (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
twenty-seventh day of 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 (emission standards for hazardous air pollutants
pursuant to 40 CFR Part 61, 45 CSR 15), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-seventh day of 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.
(e)
The legislative rule filed in the state register on the
twenty-seventh day of 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 (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
twenty-seventh day of 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 (acid rain provisions and permits, 45 CSR 33), is
authorized.
(g)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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-eighth day of November, two thousand one, 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.
(h)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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-sixth day of December, two thousand one, relating to the
division of environmental protection (to prevent and control emissions from commercial and industrial solid waste
incineration units, 45 CSR 18), is authorized.
(i)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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-eighth day of November, two thousand one, relating to the
division of environmental protection (NOx budget trading program
as a means of control and reduction of nitrogen oxides from
electric generating units, 45 CSR 26), is authorized.
(j)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, 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-sixth day of December, two thousand one, relating to the
division of environmental protection (emission standards for
hazardous air pollutants for source categories pursuant to 40
CFR Part 63, 45 CSR 34), is authorized.
(k)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under
the authority of section four, article thirteen, chapter twenty,
of this code, relating to the division of environmental
protection (awarding of the West Virginia stream partners
program grant, 60 CSR 4), is authorized.
(l)
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, authorized under the
authority of section three, article twenty-two, 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-first day of November, two thousand one, relating to the
division of environmental protection (voluntary remediation and
redevelopment, 60 CSR 3), is authorized.
(m)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, 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
sixteenth day of January, two thousand two, relating to the division of environmental protection (surface mining and
reclamation rule, 38 CSR 2), is authorized.
(n)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under
the authority of section four, article fourteen, 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
sixteenth day of January, two thousand two, relating to the
division of environmental protection (coal related dam safety,
38 CSR 4), is authorized.
(o)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, 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 fifth
day of December, two thousand one, relating to the division of
environmental protection (hazardous waste management, 33 CSR
20), is authorized.
(p)
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, authorized under the authority of section twenty-two, article eleven, 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
thirtieth day of October, two thousand one, relating to the
division of environmental protection (administrative proceedings
and civil penalty assessment, 47 CSR 1), is authorized.
(q)
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand one, authorized under the
authority of section four, article eleven, 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 two, relating to the
division of environmental protection (state certification of
activities requiring federal licenses and permits, 47 CSR 5A),
is authorized
with the following amendments:
On page two, subsection 2.12, following the words
"stream loss" by striking out the remainder of the sentence;
On page two, at the end of subsection 2.13 following the
words "or longer" by inserting a comma and the following:
"except for structures defined as temporary structures in this section.";
On page two, following subsection 2.15 by adding a new
subsection, to read as follows: "2.16 'Temporary Structure'
means, for structures permitted under § 22-3-1 et seq., any
structure which will be removed before or upon final bond
release; for structures not permitted under § 22-3-1 et seq.,
temporary structure means any structure which will be removed
upon completion of the project."; and, by renumbering the
following subsection;
And,
On page three, subsection 4.1, by striking the word
"General" and inserting in lieu thereof, the following:
"Information contained within environmental processes and
reviews such as environmental assessments, environmental impact
statements and mining and reclamation plans, may be used to meet
part or all of the requirements of this rule."
(r)
The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, authorized under the
authority of section four, article eleven, 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-seventh day of September, two thousand one, relating to
the division of environmental protection (underground injection
control, 47 CSR 13), is authorized.
(s)
The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, authorized under the
authority of section five, article twelve, 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-seventh day of September, two thousand one, relating to
the division of environmental protection (groundwater protection
standards at Dominion "Generation" steam electric generation
facility, Mt. Storm, West Virginia, 47 CSR 57B), is authorized.
(t)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under
the authority of section one, article eleven, chapter twenty-
two, of this code, relating to the division of environmental
protection (WVNPDES rules for coal mining facilities, 47 CSR
30), is authorized with the following amendment:
On page nineteen, by striking out subsection 4.8 in its
entirety.
§64-3-2. Environmental quality board.
(a)
The legislative rule filed in the state register on
the twenty-seventh day of July, two thousand one, authorized
under the authority of section seven-b, article eleven, chapter
twenty-two, of this code, modified by the environmental quality
board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eleventh day of January, two thousand two, relating to the
environmental quality board (
requirements governing water
quality standards
, 46 CSR 1), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under
the authority of section four, article twelve, chapter twenty-
two, of this code, modified by the environmental quality board
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of January, two thousand two, relating to the environmental
quality board (requirements governing groundwater standards 46,
CSR 12), is authorized.
§64-3-3. Solid waste management board.
The legislative rule filed in the state register on the
nineteenth day of July, two thousand one, authorized under the
authority of section six, article three, chapter twenty-two-c, of this code, modified by the solid waste management board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the tenth day of
October, two thousand one, relating to the solid waste
management board (disbursement of grants to solid waste
authorities, 54 CSR 5), is authorized.