45 CSR 35

                                  Senate Bill No. 254

(By Senator Minard)

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[Introduced January 18, 2012; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to determining conformity of general federal actions to applicable implementation plans (general conformity).

Be it enacted by the Legislature of West Virginia:

    That article 3, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.

    The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (determining conformity of general federal actions to applicable implementation plans (general conformity), 45 CSR 35), is authorized.

    NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to promulgate a legislative rule relating to Determining Conformity of General Federal Actions to Applicable Implementation Plans (General Conformity).

    This section is new; therefore, strike-throughs and underscoring have been omitted.