The legislative rule filed in the State Register on the
fifteenth day of July, two thousand eleven, authorized under the
authority of section fifty-nine, article three, chapter five-a, of
this code, modified by the Department of Administration to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of September,
two thousand eleven, relating to the Department of Administration
(certification for small, women and minority-owned businesses,
148
CSR 22
), is authorized.
(a)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand eleven, authorized under
the authority of section one, article ten-d, chapter five, of this
code, modified by the Consolidated Public Retirement Board to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-third day of September,
two thousand eleven, relating to the Consolidated Public Retirement
Board (Public Employees Retirement System,
162 CSR 5
), is
authorized, with the following amendment:
On page three, section eight, subsection 8.1, after the words
"fourteen and five-tenths (14.5%) of each compensation payment of
all its employees who are members of the Public Employees
Retirement System" by changing the period to a colon and inserting
the following: "And provided further, that beginning July 1, 2012,
each participating public employer shall contribute fourteen
percent (14%) of each compensation payment of all its employees who
are members of the Public Employees Retirement System.".
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand eleven, authorized under
the authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board (refund,
reinstatement, retroactive service, loan and employer error
interest factors,
162 CSR 7
), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand eleven, authorized under
the authority of section one, article ten-d, chapter five, of this code, relating to the Consolidated Public Retirement Board (West
Virginia State Police,
162 CSR 9
), is authorized, with the
following amendment:
On page eight, section fourteen, subsection 14.1, line 10,
after the words "seventeen and five-tenths (17.5%) of the monthly
salary of each member of the West Virginia State Police Retirement
System to the West Virginia State Police Retirement System" by
changing the period to a colon and inserting the following: "And
provided further, that beginning July 1, 2012, the West Virginia
State Police shall contribute fifteen and five-tenths percent
(15.5%) of the monthly salary of each member of the West Virginia
State Police Retirement System to the West Virginia State Police
Retirement System.".
Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any owner of lands covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby
the company issuing such policy waives or agrees not to assert as
a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
use of such insured's land for recreational, wildlife propagation
or military, law-enforcement or homeland-defense purposes, unless
such provision or endorsement is rejected in writing by the named
insured.
(b) The legislative rule filed in the State Register on August
21, 2008, authorized under the authority of section two, article
two, chapter six-b of this code, modified by the Ethics Commission
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on November 26, 2008,
relating to the Ethics Commission (interest in public contracts,
158 CSR 8), is authorized.
(c) The legislative rule filed in the State Register on July
29, 2008, authorized under the authority of section two, article
two, chapter six-b of this code, relating to the Ethics Commission
(voting, 158 CSR 9), is authorized.
(d) The legislative rule filed in the State Register on August
21, 2008, authorized under the authority of section five, article
two, chapter six-b of this code, modified by the Ethics Commission
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on November 26, 2008,
relating to the Ethics Commission (employment exemptions, 158 CSR 11), is authorized.
(e) The legislative rule filed in the State Register on July
28, 2008, authorized under the authority of section two, article
two, chapter six-b of this code, modified by the Ethics Commission
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on September 5, 2008,
relating to the Ethics Commission (lobbying, 158 CSR 12), is
authorized.
(f) The legislative rule filed in the State Register on August
21, 2008, authorized under the authority of section two, article
two, chapter six-b of this code, relating to the Ethics Commission
(filing of verified time records, 158 CSR 14), is authorized.
(a) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section five, article
fifteen, chapter twenty-two of this code, relating to the
Department of Environmental Protection (solid waste management, 33
CSR 1), is authorized.
(b) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section six, article
eighteen, chapter twenty-two of this code, relating to the
Department of Environmental Protection (hazardous waste management
system, 33 CSR 20), is authorized.
(c) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (ambient air quality standards, 45 CSR
8), is authorized.
(d) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (permits for construction and major
modification of major stationary sources for the prevention of
significant deterioration of air quality, 45 CSR 14), is
authorized.
(e) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.
(f) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
combustion of solid waste, 45 CSR 18), is authorized.
(g) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (permits for construction and major
modification of major stationary sources which cause or contribute
to nonattainment areas, 45 CSR 19), is authorized.
(h) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25), is authorized.
(i) The legislative rule filed in the State Register on March
16, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (requirements for operating permits, 45
CSR 30), is authorized.
(j) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.
(k) The legislative rule filed in the State Register on July
29, 2011, 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.
(l) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (greenhouse gas emissions inventory
program, 45 CSR 42), is authorized.
(m) The legislative rule filed in the State Register on July
8, 2011, authorized under the authority of section four, article
eleven, chapter twenty-two of this code, approved for promulgation
by the Legislature on March 18, 2011, relating to the Department of
Environmental Protection (National Pollutant Discharge Elimination
System (NPDES) Program, 47 CSR 10), is authorized with the
following amendments:
On page one, subsection 2.6., by striking out "2006" and
inserting in lieu thereof "2009";
On page fifteen, subparagraph 4.4.c.1.J., by striking out "40
C.F.R. §412(C) or (D)" and inserting in lieu thereof "40 C.F.R.
Part 412, Subpart C or D";
And,
On page forty-seven, paragraph 13.1.f.2., by striking out all
of paragraph 13.1.f.2. and inserting in lieu thereof a new paragraph 13.1.f.2. to read as follows:
13.1.f.2. Expansion of AFO to CAFO. For other operations (e.g.
resulting from an increase in the number of animals), the owner or
operator must seek to obtain coverage under a permit as soon as
possible, but no later than ninety (90) days after becoming defined
as a CAFO.
(n) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section three, article
twenty-two, chapter twenty-two of this code, relating to the
Department of Environmental Protection (voluntary remediation and
redevelopment, 60 CSR 3), is authorized with the following
amendments:
On page seventy-eight, by striking out all of the de minimis
values for the parameter "Hexachloroethane" and inserting in lieu
thereof new de minimis values for the parameter "Hexachloroethane"
to read as follows:
"Residential Soil - 1.2E+01, Industrial Soil - 6.2E+02, Ground
Water - 1.7E+00, Migration to Groundwater - 2.0E-02";
And,
On page eighty-two, by striking out all of the de minimis
values for the parameter "Trichloroethylene (TCE)" and inserting in
lieu thereof new de minimis values for the parameter
"Trichloroethylene (TCE)" to read as follows:
"Residential Soil - 4.8E-01, Industrial Soil - 2.1E+01, Ground
Water - 5.0E+00, Migration to Groundwater - 3.6E-02".
(b) The Commissioner of the Bureau for Public Health, pursuant
to and consistent with section six, article one, chapter sixteen of
this code, is directed to participate with the Department of
Environmental Protection to conduct an assessment on the actual and
potential human health pathways and risks from mercury consumption
and make appropriate recommendations to the Department of
Environmental Protection.
(c) Pursuant to and consistent with section three-a, article
one, chapter twenty-two of this code. The Division of Air Quality
and the Department of Environmental Protection are directed to
further study 45CSR37 [Mercury Budget Trading Program to Reduce
Mercury Emissions] to evaluate scientific evidence, considering
specific environmental characteristics of West Virginia, hold
public hearings and accept and review appropriate evidence regarding mercury exposure, including recommendations from the
Bureau for Public Health. The Department of Environmental
Protection shall also conduct an assessment which is also to
include an evaluation of the available mercury control technologies
for coal-fired steam generating units and other industrial
activities that emit mercury, the availability and cost of mercury
measurements technology and an analysis of feasibility of
implementation of these technologies. The Division of Air Quality
shall also consider and address any Bureau for Public Health
recommendations considering health risks of West Virginians, and
enter a finding as to whether the citizens of West Virginia or
regions of West Virginia are exposed to a potential health risk
because of mercury contamination, and if so, to propose for
legislative promulgation prior to the first day of January, two
thousand seven, revisions to 45 CSR 37 and any other appropriate
rulemaking to effectuate its findings. The division may also
recommend legislation that may be necessary to protect human health
and the environment consistent with the division's findings.
(1) Conduct an analysis of literature and seek input from
experts in hydrology, geology and engineering, to develop a
thorough understanding of coalbed methane drilling, how the
drilling is physically done, the type of equipment utilized, fluids
used or encountered, and pressures induced or encountered in the
drilling process;
(2) Review the regulatory scheme of other states in the
Appalachian basin to determine if innovative regulatory approaches
would be instructive and should be incorporated into West
Virginia's regulatory scheme;
(3) Review the potential effect of drilling coalbed methane
wells in areas where abandoned or active gas or oil wells are
located; and
(4) Assess whether special requirements should be adopted
providing protections for groundwater and water wells, to prevent
contamination and other adverse impacts.
(b) The Office of Oil and Gas shall call upon other divisions
of the Department of Environmental Protection as needed to assist
in this review, and report to the Legislature by the first of
January, two thousand seven, and propose further legislative rule
amendments to the rule as are necessary and appropriate.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section three, article ten-a, chapter eighteen of this
code relating to the Division of Rehabilitation Services (resources
manual, 130 CSR 2) is authorized.
(a) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section three, article
two, chapter thirty-three of this code, modified by the Department
of Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 9, 2011, relating to the Department of Health
and Human Resources (credentialing verification organizations, 64
CSR 89B), is authorized.
(b) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section three, article
five-a, chapter seventeen-c of this code, modified by the
Department of Health and Human Resources to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on December 14, 2011, relating to the Department of
Health and Human Resources (safety and treatment program, 64 CSR
98), is authorized.
(c) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section eight, article
four-a, chapter thirty-three of this code, modified by the
Secretary of the Department of Health and Human Resources, the
Insurance Commissioner and the Chair of the West Virginia Health
Care Authority to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
October 21, 2011, relating to the Secretary of the Department of
Health and Human Resources, the Insurance Commissioner and the
Chair of the West Virginia Health Care Authority (all-payer claims database -- data submission requirements, 114A CSR 1), is
authorized with the following amendments:
On page four, subsection 3.2., by striking out "OIC" and
inserting in lieu thereof the words "Offices of the Insurance
Commissioner";
On page four, subdivision 3.2.a., by striking out "OIC" and
inserting in lieu thereof the words "Offices of the Insurance
Commissioner";
And,
On page seven, by striking out all of subdivision 7.1.e. and
inserting in lieu thereof a new subdivision 7.1.e., to read as
follows:
"7.1.e. The Director of the Public Employees Insurance Agency
or his or her designee, the Commissioner of the Bureau for Medical
Services or his or her designee and the Director of the Children's
Health Insurance Program or his or her designee.".
(d) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section eight, article
four-a, chapter thirty-three of this code, relating to the
Secretary of the Department of Health and Human Resources, the
Insurance Commissioner and the Chair of the West Virginia Health
Care Authority (all-payer claims database program's privacy and
security, 114A CSR 2), is authorized.
(a) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 1, 2011, relating to the Department of Health
and Human Resources (public water systems, 64 CSR 3), is
authorized.
(b) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 30, 2011, relating to the Department of Health
and Human Resources (public water systems operators, 64 CSR 4), is
authorized with the following amendments:
On page three, subsection 3.23., after the words "Water
Distribution" by inserting the word "System";
And,
On page six, subdivision 5.5.c., by striking out the word
"subsection" and inserting in lieu thereof the word "subdivision".
(c) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on December 30, 2011, relating to the Department of Health
and Human Resources (wastewater systems and operations, 64 CSR 5),
is authorized with the following amendments:
On page three, subsection 3.26., by striking out the words
"West Virginia Department of Environmental Protection (WVDEP)" and
inserting in lieu thereof "WV DEP";
On page four, subdivision 4.1.e., by striking out the word
"Extended" and inserting in lieu thereof the words "This class
includes extended";
On page five, by striking out "5.4.a.2." and inserting in lieu
thereof "5.4.a.1.A.";
On page five, by striking out "5.4.a.3." and inserting in lieu
thereof "5.4.a.1.B.";
On page seven, subsection 6.2., after the words "based on" by
inserting the words "his or her";
On page nine, subdivision 7.7.a., by striking out the word
"requirement" and inserting in lieu thereof the word
"requirements";
On page ten, subsection 10.1., by striking out the word
"applications" and inserting in lieu thereof the word
"application";
On page ten, subsection 10.4., by striking out the word
"Applicant" and inserting in lieu thereof the words "An applicant";
On page eleven, subdivision 12.1.d., after the word "one" by
inserting "(1)";
On page twelve, subdivision 12.1.g., after the word "three" by
inserting "(3)";
On page twelve, subdivision 12.1.h., after the words "with
this rule," by inserting the word "an";
On page twelve, subdivision 12.1.h., line eight, following the
words "under this rule shall", by striking out the word "take" and
inserting in lieu thereof "complete";
On page twelve, subdivision 12.1.h., line ten, following the
words "advanced certified operator",by inserting the words "without
examination";
And,
On page fifteen, Table 64-5B, in the row beginning with the
word "Advanced", under the column heading labeled "Education",
following the words "Commissioner-approved training course" by
striking out the words "& passing the Advanced exam".
(d) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section three, article
five, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 1, 2011, relating to the Department of Health
and Human Resources (vital statistics, 64 CSR 32), is authorized.
(e) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 1, 2011, relating to the Department of Health
and Human Resources (manufactured home communities, 64 CSR 40), is authorized with the following amendments:
On page four, by striking out all of subdivision 5.1.5. and
inserting in lieu thereof a new subdivision 5.1.5., to read as
follows:
"5.1.5. The Commissioner shall deny a permit if the
information on the application form, plans or specifications is
incomplete, inaccurate, false or misleading, or indicates that the
application provisions of this rule cannot be met. A permit to
construct shall be issued or denied within forty-five (45) days of
receipt of the completed application. Reasons for denial shall be
in writing.";
And,
On page four, by striking out all of paragraph 5.1.5.a.
(f) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 1, 2011, relating to the Department of Health
and Human Resources (AIDS-related medical testing and
confidentiality, 64 CSR 64), is authorized with the following
amendments:
On page four, by striking out all of paragraph 4.1.d.4. and
inserting in lieu thereof a new paragraph 4.1.d.4., to read as
follows:
"4.1.d.4. It is recommended that health care providers test
women as early as possible during each pregnancy. Women who decline the test early in prenatal care may be encouraged to be tested at
subsequent visits.";
On page five, by striking out all of subdivision 4.2.c. and
inserting in lieu thereof a new subdivision 4.2.c. to read as
follows:
"4.2.c. If the pregnant woman's HIV status is unknown at the
time she presents for delivery, an HIV test shall be offered and if
she refuses the test, the infant may be tested and the mother shall
be informed of the testing and the results.";
On page six, by striking out all of paragraph 4.2.c.1.;
On page six, by striking out all of paragraph 4.2.c.2;
On page six, by striking out "4.2.c.3." and inserting in lieu
thereof "4.2.c.1.";
On page six, by striking out "4.2.c.4." and inserting in lieu
thereof "4.2.c.2.";
On page six, by striking out all of paragraph 4.3.b.1. and
inserting in lieu thereof a new paragraph 4.3.b.1, to read as
follows:
"4.3.b.1. A court shall order a defendant charged with an
offense set forth in subdivision two, subsection f, section two,
article three-c, chapter sixteen of the code, to undergo an oral
test for HIV test not later than 48 hours after the date on which
the information or indictment is presented";
On page six, by striking out all of paragraph 4.3.b.3. and
inserting in lieu thereof a new paragraph 4.3.b.3, to read as
follows:
"4.3.b.3. Follow-up tests for HIV are authorized as may be medically appropriate, and the results of any follow-up tests shall
be made available in accordance with paragraph 4.3.b.2, as soon as
practicable.";
And,
On page seven, by striking out all of subsection 5.3.
(g) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
one, chapter sixteen of this code, relating to the Department of
Health and Human Resources (public water systems design standards,
64 CSR 77), is authorized with the following amendments:
On page seven, after subdivision 3.3.d., by inserting a new
subsection, designated subsection 3.4., to read as follows:
"3.4. Specifications - The applicant or the applicant's
engineer shall supply complete, detailed technical specifications
for the proposed project, including: pipe, valves and other
building materials; a program for keeping existing public water
system facilities in operation during construction of additional
facilities so as to minimize interruption of service; laboratory
facilities and equipment; the number and design of chemical feeding
equipment; and materials or proprietary equipment for sanitary or
other facilities including any necessary backflow or backsiphonage
protection.";
On page eleven, by striking out "§65-77-5." and inserting in
lieu thereof "§64-77-5.";
On page thirty-five, paragraph 6.3.h.2., after the words "at
a minimum," by inserting the word "of";
On page forty, paragraph 6.4.g.1., by striking out the word "led" and inserting in lieu thereof the word "lead";
On page forty-five, paragraph 6.4.i.2., by striking out the
word "devise" and inserting in lieu thereof the word "device";
On page sixty-seven, paragraph 7.5.d.2., by striking out the
word "shallbe" and inserting in lieu thereof the words "shall be";
And,
On page sixty-seven, paragraph 7.5.e.3., by striking out the
word "serve" and inserting in lieu thereof the word "severe".
(a) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
two-b, chapter forty-nine of this code, modified by the Division of
Human Services to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 23, 2011, relating to the Division of Human Services
(family child care facility licensing requirements, 78 CSR 18), is
authorized.
(b) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section four, article
two-b, chapter forty-nine of this code, modified by the Division of
Human Services to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 23, 2011, relating to the Division of Human Services
(family child care home registration requirements, 78 CSR 19), is
authorized.
(c) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section two, article
two-e, chapter forty-nine of this code, modified by the Division of
Human Services to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 23, 2011, relating to the Division of Human Services
(child care quality rating and improvement system, 78 CSR 22), is
authorized, with the following amendment:
On page one, subsection 1.4, line six, by striking out the
words "July 1, 2012" and inserting in lieu thereof the words "This rule is effective upon the date specified in an emergency rule
promulgated by the Department of Health and Human Resources as
being the date funding for implementation of the Child Care Quality
Rating and Improvement System will become available pursuant to a
duly enacted appropriation bill authorizing the expenditure of
funds for that purpose.";
And,
On page one, beginning on line thirteen, by striking out
subsection 2.3 in its entirety and inserting in lieu thereof a new
subsection 2.3, to read as follows:
"2.3 Pursuant to W.Va. Code §49-2E-4, no provision of this
rule may be construed to require implementation of a quality rating
and improvement system unless funds are appropriated therefor. The
'Quality Rating and Improvement System Cost Implementation Study'
dated July 31, 2011, prepared and published by the Marshall
University Center for Business and Economic Research for the
Department of Health and Human Resources and accessible on-line at
http://www.marshall.edu/cber/research/QualityRatingImprovementSys
temFINAL.pdf, is the financial plan submitted by the Secretary of
the Department of Health and Human Resources pursuant to Chapter
§49-2E-3, and is hereby attached by reference and incorporated into
this rule as if fully set forth herein. The financial plan
prioritizes the components of the system for implementation and
provides for gradual implementation over a period of several years
in the event that funding is not sufficient to implement all
requirements in code."
(a) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section nine, article
fourteen-a, chapter five of this code, relating to the Commission
for the Deaf and Hard of Hearing (fees for qualified interpreters,
192 CSR 1), is authorized, with the following amendment:
On page four, subsection 2.24, by striking out the words
"spoken translating" and inserting in lieu thereof the words
"translating spoken".
(b) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section five, article
fourteen-a, chapter five of this code, modified by the Commission
for the Deaf and Hard of Hearing to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 1, 2011, relating to the Commission for the
Deaf and Hard of Hearing (establishment of required qualifications
and ethical standards for interpreters and transliterators, 192 CSR
3), is authorized.
(a) The legislative rule filed in the State Register on July
25, 2011, authorized under the authority of section twenty-five,
article two, chapter fifteen of this code, modified by the State
Police to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on January 6, 2012,
relating to the State Police (West Virginia State Police Career
Progression System, 81 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on July
25, 2011, authorized under the authority of section forty-eight,
article fifteen, chapter seventeen-c of this code, modified by the
State Police to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on January 6,
2012, relating to the State Police (West Virginia State Police
Modified Vehicle Inspection Manual, 81 CSR 4), is authorized, with
the following amendment:
On page ten, paragraph 81-4-4.6.2., after the word "spacers"
by adding the following, "on the end of the coil".
(a) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section three, article
twenty-nine, chapter thirty of this code, modified by the
Governor's Committee on Crime, Delinquency and Correction to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on January 3, 2012, relating to the
Governor's Committee on Crime, Delinquency and Correction (law-
enforcement training standards, 149 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section eleven, article
one-a, chapter sixty-two of this code, modified by the Governor's
Committee on Crime, Delinquency and Correction to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on January 3, 2012, relating to the
Governor's Committee on Crime, Delinquency and Correction (motor
vehicle search standards, 149 CSR 6), is authorized.
The legislative rule filed in the State Register on May 23,
2011, authorized under the authority of section fourteen, article
one, chapter twenty-five of this code, modified by the Division of
Corrections to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on July 20,
2011, relating to the Division of Corrections (fees for electronic
monitoring of offenders, 90 CSR 8), is authorized.
On page 3, section 3, subsection 3.1., line 4 after the word
"Director" by inserting the following, "within fifteen minutes of
ascertaining the occurrence of an emergency event at an industrial
facility";
On page five, after the section caption "§170-2-5.
Penalties." by inserting a new subsection 5.1, to read as follows:
5.1. Penalty Amount. The director shall impose a civil
penalty on the industrial facility if he or she determines that the
industrial facility failed to comply with the reporting or
communications and access requirements in this rule. In no case
shall the total penalty for all violations exceed $100,000 for an
emergency event.;
And renumbering the remaining subsections.
(a) The legislative rule filed in the State Register on April
21, 2011, authorized under the authority of section five-z, article
ten, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on August 5,
2011, relating to the State Tax Department (payment of taxes by
electronic funds transfer, 110 CSR 10F), is authorized with the
following amendments:
On page four, subsection 3.2., by striking out all of
subsection 3.2. and inserting in lieu thereof a new subsection
3.2., to read as follows:
3.2. The threshold amount is $100,000.00 in tax liability per
tax type per taxable year or reporting period beginning on or after
January 1, 2004, subject to subdivisions 3.2.1., 3.2.2., 3.2.3. and
3.2.4. of this subsection.;
And,
On page four, after subsection 3.2., by inserting four new
subdivisions, designated subdivisions 3.2.1., 3.2.2., 3.2.3. and
3.2.4., to read as follows:
"3.2.1. For tax years beginning on or after January 1, 2013,
the threshold amount for determining whether a taxpayer shall pay
electronically is $50,000 in tax liability paid for a single tax
type in the immediately preceding tax year: Provided, That for tax
years beginning on or after January 1, 2013, any taxpayer that pays
more than $50,000 for any tax type in the immediately preceding tax
year shall electronically pay the taxes for all tax returns filed;
3.2.2. For tax years beginning on or after January 1, 2014,
the threshold amount for determining whether a taxpayer shall pay
electronically is $25,000 in tax liability paid for a single tax
type in the immediately preceding tax year: Provided, That for tax
years beginning on or after January 1, 2014, any taxpayer that pays
more than $25,000 for any tax type in the immediately preceding tax
year shall electronically pay the taxes for all tax returns filed;
3.2.3. For tax years beginning on or after January 1, 2015,
the threshold amount for determining whether a taxpayer shall pay
electronically is $10,000 in tax liability paid for a single tax
type in the immediately preceding tax year: Provided, That for tax
years beginning on or after January 1, 2015, any taxpayer that pays
more than $10,000 for any tax type in the immediately preceding tax
year shall electronically pay the taxes for all tax returns filed;
3.2.4. Tax Commissioner may determine the tax types for which
electronic payment of taxes is not required."
(b) The legislative rule filed in the State Register on July
18, 2011, authorized under the authority of section ten, article
thirteen-aa, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on November 22,
2011, relating to the State Tax Department (commercial patent
incentives tax credit, 110 CSR 13Q), is authorized, with the
following amendment:
On page three, subsection 2.18, line twenty-one, following the
words "June 19" and the comma, by striking out the number "2970"
and inserting in lieu thereof the number "1970";
On page five, subsection 3.1.7, line six, following the words
"allowed under", by striking out the words "Subsection 3.1 or 3.2
of";
And,
On page five, subsection 3.1.8, line ten, following the words
"allowed under", by striking out the words "Subsection 3.1 or 3.2
of".
(c) The legislative rule filed in the State Register on July
29, 2011, authorized under the authority of section five-s, article
ten, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on November 22,
2011, relating to the State Tax Department (exchange of information
agreement between the State Tax Department and the Department of
Commerce, the Department of Transportation and the Department of
Environmental Protection, 110 CSR 50G), is authorized.
(a) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (licensing and conduct of insurance producers and
agencies, 114 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (surplus lines insurance, 114 CSR 20), is authorized.
(c) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on October 21,
2011, relating to the Insurance Commissioner (insurance holding
company systems, 114 CSR 35), is authorized.
(d) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on October 21,
2011, relating to the Insurance Commissioner (continuing education
for individual insurance producers, 114 CSR 42), is authorized with
the following amendment:
On page three, subsection 4.2., by striking out all of
subsection 4.2. and inserting in lieu thereof a new subsection 4.2. to read as follows:
"4.2. The commissioner shall, in consultation with the board,
develop a program regarding continuing education requirements
during the transition to the new biennium period established
pursuant to the 2012 amendments to this rule; such program shall be
posted on the agency website."
(e) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (mini COBRA, 114 CSR 93), is authorized with the
following amendments:
On page three, subsection 3.5., after the word "subsection" by
striking out "3.5." and inserting in lieu thereof "3.4.";
On page three, subsection 3.6, by striking out the subsection
in its entirety and inserting in lieu thereof, the following:
"3.6. Election of coverage by beneficiary. A covered employee
or other qualified beneficiary who wants to elect continuation
coverage must do so in writing to the carrier within 30 days after
receiving a notice under subsection 3.5 of this section and must
include payment of the initial premium set forth in such notice.
The premium payment due shall be for the period beginning on the
date coverage would have otherwise terminated due to the qualifying
event. The premium charged for continuation of coverage may not
exceed 100% percent of the applicable premium.";
On page four, subdivision 3.6.a., by striking out the
subdivision in its entirety and inserting in lieu thereof, the
following:
"3.6.a. The carrier or its designee shall process all
elections promptly and provide coverage retroactively to the date
coverage would otherwise have terminated on the basis of the
qualifying event. Employers are required to promptly provide to the
carrier or its designee any information and paperwork necessary to
facilitate the processing of a request for continuation of
coverage. After an election and initial premium remittance, the
carrier must bill the beneficiary for premiums no more often than
monthly and with an allowance for a 30-day grace period for
payment.";
And,
On page four, subsection 3.7., by striking out all of
subsection 3.7. and inserting in lieu thereof a new subsection
3.7., to read as follows:
"3.7. Remedies in the event of carrier noncompliance. If a
carrier fails to comply with the requirements of this rule,
including the notice requirements of subsection 3.5. of this
section, and such noncompliance results in the failure of an
eligible adult qualified beneficiary of a covered employee to
timely elect continuation coverage, every qualified beneficiary of
the covered employee covered on the day of the qualifying event
shall remain covered under the health benefit plan until the
qualified beneficiaries are afforded the opportunity to elect such
coverage."
(f) The legislative rule filed in the State Register on July
28, 2011, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance Commissioner (Workers' Compensation Insurance for state agencies,
114 CSR 94), is authorized with the following amendments:
On page one, subsection 2.2., by striking out all of
subsection 2.2. and inserting in lieu thereof a new subsection
2.2., to read as follows:
"2.2. 'Discretionary participant' means any discretionary
participant as defined in W. Va. Code §33-2-21a(a)(1).";
On page two, subsection 2.8., by striking out the words "and
those discretionary participants that have agreed to participate in
SAWC under an agreement with the Commissioner" and inserting in
lieu thereof the words "and for those discretionary participants
that participate in SAWC";
On page two, subsection 3.1., by striking out the words "and
shall send to each a notice of such determination";
On page two, subdivision 3.1.a., by striking out the words
"Such notice shall inform: (i) Executive state entities that they
will be required to execute the Agreement and" and inserting in
lieu thereof the words "The Commissioner shall inform: (i)
Executive state entities that they will be required";
On page two, subdivision 3.1.b., by striking out the words
"Any recipient of a notice sent pursuant to subdivision a of this
subsection that believes it should have been classified
differently, or any entity that did not receive a notice" and
inserting in lieu thereof the words "Any entity that believes it
should have been classified differently, or any entity that did not
receive a notice of eligibility";
On page two, subsection 3.2., by striking out all of subsection 3.2. and inserting in lieu thereof a new subsection
3.2., to read as follows:
"3.2. The Commissioner may make participation in SAWC by a
discretionary participant contingent on the execution of the
Agreement.";
On page three, subdivision 3.3.a., after the word "Agreement"
by inserting the words "or other noncompliance with program
requirements";
On page three, subdivision 3.3.c., by striking out the words
"the latter of one year from removal or the next open enrollment
period" and inserting in lieu thereof the words "a period of not
more than one year to be determined by the commissioner based on
the seriousness of the non-compliance and the efforts of the
participant to come into compliance";
On page three, subdivision 3.3.d., by striking out the words
"upon application and re-execution of the Agreement" and inserting
in lieu thereof the words "upon written request and expiration of
the exclusion period determined in accordance with subdivision
3.3.c. of this subsection";
On page three, subdivision 3.4.a., by striking out the words
"any fee" and inserting in lieu thereof the words "any assessment";
On page three, subdivision 3.4.a., by striking out the words
"assessed fee" and inserting in lieu thereof the word "assessment";
On page three, subdivision 3.4.a., by striking out the words
"such fee" and inserting in lieu thereof the words "such
assessment";
And,
On page three, subdivision 3.4.b., by striking out the word
"fees" and inserting in lieu thereof the word "assessment".
The legislative rule filed in the State Register on July 21,
2011, authorized under the authority of section three, article
seventeen, chapter thirty-one of this code, relating to the
Division of Banking (residential mortgage lenders, brokers and loan
originators, 106 CSR 5), is authorized.
(a) The legislative rule filed in the State Register on July
13, 2011, authorized under the authority of section six, article
three-a, chapter sixty of this code, modified by the Alcohol
Beverage Control Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 21, 2011, relating to the Alcohol Beverage
Commission (licensed retailer operations, 175 CSR 1), is
authorized.
(b) The legislative rule filed in the State Register on July
13, 2011, authorized under the authority of section six, article
three-a, chapter sixty of this code, relating to the Alcohol
Beverage Control Commission (licensing of retail outlets, 175 CSR
5), is authorized.
The legislative rule filed in the State Register on September
13, 2011, authorized under the authority of section twelve-d,
article twenty-three, chapter nineteen of this code, relating to
the Racing Commission (simulcast pari-mutual wagering at an
authorized gaming facility in a historic hotel, 178 CSR 7), is
authorized.
The legislative rule filed in the State Register on July 28,
2011, authorized under the authority of section three-a, article
five-a, chapter twenty-nine of this code, modified by the Athletic
Commission to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on January 6,
2012, relating to the Athletic Commission (mixed martial arts, 177
CSR 2
), is authorized, with the following amendments:
On pages three and four, §177-2.5., by striking out all of
§177-2.5. and inserting in lieu thereof a new §177-2.5., to read as
follows:
"§177-2.5. Venues must have a minimum seating capacity of
2,500 and video replay capabilities in good working order. However,
the Commission may waive the minimum seating capacity requirement.
Venues with a seating capacity of 3,500 or more must have a minimum
of four video monitors displaying a continuous live feed of the
match for the spectators; venues with a maximum seating capacity of
3,499 or less must have at least two monitors displaying a
continuous live feed of the match for the spectators. All such
video monitors must be a minimum of six feet by six feet. No event
shall take place until the venue has been approved by the
commission.";
On page twelve, subsection 29.5., by striking out all of
subsection 29.5. and inserting in lieu thereof a new subsection
29.5., to read as follows:
"29.5. Prohibition of certain dressings. - No second shall be
permitted to use grease or any other substances on the body of a contestant. The use of petroleum jelly in corners is not allowed
except in the use of stopping blood and on cuts. Petroleum jelly,
or other substances approved by the commission, may be used in
between rounds in the use of stopping blood and on cuts and only in
the presence of a representative of the commission. The use of
drugs, alcohols or stimulants during a match by any contestant is
adequate cause for revoking license.";
On page twenty, subsection 41.1., by striking out all of
subsection 41.1. and inserting in lieu thereof a new subsection
41.1., to read as follows:
"41.1. Matches may take place in a cage or ring that has been
approved by the commission. The cage or ring shall meet the
requirements set forth by the commission and is subject to
inspection prior to each match by a commission representative such
as a referee.";
On page twenty-one, subsection 41.3., by striking out all of
subsection 41.3. and inserting in lieu thereof a new subsection
41.3., to read as follows:
"41.3. The commission shall determine all seating arrangements
at cage side necessary to effectuate the match. A promoter may
submit a proposed seating arrangement to the commission one week
before the event.";
And,
On page twenty-one, after subsection 41.3., by inserting a new
subsection, designated subsection 41.4., to read as follows:
41.4. Ring - The ring specifications shall meet the following
requirements:
41.4.a. The ring shall be no smaller than twenty feet square
and larger than thirty-two feet square within the ropes. One
corner shall have a red designation and the corner directly
opposite shall have a blue designation.
41.4.b. The floor must extend at least eighteen inches beyond
the ropes. The ring floor must be padded in a manner as approved
by the commission, with at least one inch layer of foam padding.
No vinyl or other plastic rubberized cover shall be permitted. The
fighting area canvas shall not be more than four feet above the
floor of the building and shall have suitable steps or ramp for use
by the participants.
41.4.c. Ring posts must be made of metal, not more than three
inches in diameter, extending from the floor of the building to a
minimum height of fifty-eight inches above the ring floor, and must
be properly padded in a manner approved by the commission. Ring
posts must be at least eighteen inches away from the ring ropes.
41.4.d. There must be five ring ropes, not less than one inch
in diameter and wrapped in soft material. The lowest ring rope
must be twelve inches above the ring floor.
41.4.e. There must not be any obstruction or object,
including, without limitation, a triangular border, on any part of
the ring floor".
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section seven-b, article forty-eight, chapter
thirty-three, of this code, relating to the Board of Directors of
the West Virginia Health Insurance Plan (premium subsidy, 113 CSR
1), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-first day of July, two thousand eleven, authorized under the
authority of section eight, article two-a, chapter seventeen, of
this code, modified by the Commissioner of Highways to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the tenth day of January, two
thousand twelve, relating to the Commissioner of Highways
(construction and reconstruction of state roads,
157 CSR 3), is
authorized with the following amendments:
On page twenty-seven, subdivision 7.2.l., by striking out the
word "al" and inserting in lieu thereof the word "all";
On page thirty-five, subdivision 8.1.a., by striking out all
of subdivision 8.1.a.;
And relettering the remaining subdivisions;
On page forty-three, subdivision 9.7.c., by striking out the
word "subsection" and inserting in lieu thereof the word
"subdivision";
On page fifty-four, subdivision 9.21.b, by striking out the
words "W.Va. Code §22-11" and inserting in lieu thereof the words
"Water Pollution Control Act, W.Va. Code §22-11-1 et seq";
And,
On page ninety-five, subdivision 13.2.e., by striking out
"§5A-3-33a-f" and inserting in lieu thereof "§5A-3-33d".
(b) The legislative rule filed in the State Register on the
eighth day of July, two thousand eleven, authorized under the
authority of section seven, article eighteen, chapter twenty-two, of this code, relating to the Commissioner of Highways
(transportation of hazardous wastes upon the roads and highways,
157 CSR 7), is authorized.
The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section eight, article two-a, chapter seventeen-d, of
this code, modified by the Division of Motor Vehicles to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twentieth day of October, two
thousand eleven, relating to the Division of Motor Vehicles
(compulsory motor vehicle liability insurance,
91 CSR 13), is
authorized.
The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section eighteen, article four-a, chapter thirty, of
this code, modified by the Board of Dental Examiners to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-first day of October,
two thousand eleven, relating to the Board of Dental Examiners
(fees established by the Board, 5 CSR 3), is authorized, with the
following amendments:
On page one, subsection 2.1., by striking out all of
subsection 2.1. and inserting in lieu thereof a new subsection 2.1.
to read as follows:
2.1. Dental Licensure Application
$185.00;
On page one, subsection 2.8., by striking out all of
subsection 2.8. and inserting in lieu thereof a new subsection 2.8.
to read as follows:
2.8.Annual Information & Renewal fee for a Dentist $185.00;
On page one, subsection 4.1., by striking out all of
subsection 4.1. and inserting in lieu thereof a new subsection 4.1.
to read as follows:
4.1. Dental Hygiene Licensure Application$75.00;
On page two, subsection 4.7., by striking out all of
subsection 4.7. and inserting in lieu thereof a new subsection 4.7.
to read as follows:
4.7. Annual Information & Renewal fee for a Dental Hygienist
$75.00;
On page two, subsections 4.8. through 4.15., by striking out
all of subsections 4.8. through 4.15. and inserting in lieu thereof
new subsections, designated subsections 4.8. through subsection
4.16. to read as follows:
4.8 Annual Information & Renewal fee for a Dental Hygienist
employed by a public health agency $65.00
4.9. Local Anesthesia Certificate Application fee $50.00
4.10. Nitrous Oxide Monitoring Certificate Application fee
$50.00
4.11. Bleaching Certificate Application fee$25.00
4.12. General Supervision Application fee$100.00
4.13. Public Health Practice Application fee$25.00
4.14. Annual Renewal fee of Local Anesthesia Certificate
$25.00
4.15. Annual Renewal fee of General Supervision Certificate
$50.00
4.16. Annual Renewal fee of Public Health Practice Certificate
$25.00;
On page two, subsection 7.2., by striking out all of
subsection 7.2. and inserting in lieu thereof a new subsection 7.2.
to read as follows:
7.2. Class Two Certification Renewal Fee$15.00;
And,
On page two, subsection 7.6., by striking out all of
subsection 7.6. and inserting in lieu thereof a new subsection 7.6.
to read as follows:
7.6. Qualified Monitor Annual Renewal Fee$25.00;
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section five, article nine, chapter thirty of this
code, relating to the Board of Accountancy (the Board and rules of
professional conduct, 1 CSR 1), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section six, article thirty-seven, chapter thirty, of
this code, relating to the Massage Therapy Licensure Board (general
provisions, 194 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section six, article thirty-seven, chapter thirty, of
this code, relating to the Massage Therapy Licensure Board
(schedule of fees, 194 CSR 4), is authorized, with the following
amendment:
On page 1, at the end of the rule, by adding thereto a new
section, designated section 3, to read as follows:
"§194-4-3. Expiration of fee increases.
The fee increases enacted by emergency rule in 2011 and by
legislative rule in 2012 will expire as of July 1, 2014.".
The legislative rule filed in the State Register on the
twelfth day of July, two thousand eleven, authorized under the
authority of section fifteen, article three, chapter thirty, of
this code, relating to the Board of Medicine (formation and
approval of professional limited liability companies, 11 CSR 7), is
authorized.
The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section eight, article eleven, chapter five of this
code, relating to the Human Rights Commission (housing
discrimination against persons with disabilities who utilize
assistance animals, 77 CSR 9), is authorized.
The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section ten-c, article three, chapter twelve, of this
code, relating to the State Auditor (transaction fee and rate
structure, 155 CSR 4), is authorized, with the following amendment:
On page one, section three, by striking out all of subsection
3.1 and inserting in lieu thereof the following:
"3.1. The transaction fee structure and rate shall be in
compliance with the following federal Office of Management and
Budget Circulars and provisions of the Code of Federal Regulations:
Circular No. A-21, "Cost Principles for Educational Institutions"
as amended
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand eleven, authorized under
the authority of section three, article two-b, chapter nineteen, of
this code, relating to the Commissioner of Agriculture (inspection
of meat and poultry, 61 CSR 16), is authorized.
(b) 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 one, chapter nineteen, of this
code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of October, two
thousand eleven, relating to the Commissioner of Agriculture
(labeling of imported honey, honey products or honey bee by-
products and adulterated honey, honey products or honey bee by-
products, 61 CSR 2A), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section twelve, article fifteen, chapter nineteen, of
this code, modified by the Department of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of October, two
thousand eleven, relating to the Commissioner of Agriculture
(nutrient management certification, 61 CSR 6D), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section six, article twenty-seven, chapter thirty, of
this code, relating to the Board of Barbers and Cosmetologists
(procedures, criteria and curricula for examinations and licensure
of barbers, cosmetologists, manicurists and aestheticians, 3 CSR
1), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section six, article twenty-seven, chapter thirty, of
this code, modified by the Board of Barbers and Cosmetologists to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twentieth day of
September, two thousand eleven, relating to the Board of Barbers
and Cosmetologists (licensing schools of barbering and beauty
culture, 3 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section eleven-a, article twenty-seven, chapter
thirty, of this code, relating to the Board of Barbers and
Cosmetologists (shampoo assistants, 3 CSR 8), is authorized.
The legislative rule filed in the State Register on the first
day of September, two thousand eleven, authorized under the
authority of section three, article twenty-six, chapter twenty-
nine, of this code, modified by the Courthouse Facilities
Improvement Authority 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 twelve, relating to the
Courthouse Facilities Improvement Authority (Courthouse Facilities
Improvement Fund, 203 CSR 1
), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section three, article three-a, chapter three, of this
code, modified by the Secretary of State to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-third day of December, two thousand
eleven, relating to the Secretary of State (Vote-by-Mail Pilot
Project Phase 2: Voting by Mail, 153 CSR 39), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of three, article three-a, chapter three, of this code,
modified by the Secretary of State to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twelfth day of January, two thousand twelve,
relating to the Secretary of State (general management and
preservation of state records, 153 CSR 42), is authorized, with the
following amendment:
On page one, subsection 1.5, line ten, following the words
"record-keeping systems", by inserting the words "for essential
public records created or filed with the West Virginia Secretary of
State";
On page four, subsection 3.1, line twelve, following the words
"Archives and History", by striking out the word "division" and
inserting in lieu thereof the word "section";
On page four, subsection 3.2a, line fourteen, following the
words "Culture and History", by inserting a comma and the words "Archives and History section";
And
On page four, subsection 3.2d, line twenty-five, following the
words "Director of Archives", by inserting the words "and History".
The legislative rule filed in the State Register on the
twelfth day of July, two thousand eleven, authorized under the
authority of section six, article thirteen-a, chapter thirty, of
this code, modified by the Board of Professional Surveyors 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 eleven, relating to the Board of Professional
Surveyors (examination and licensing of professional surveyors in
West Virginia, 23 CSR 1), is authorized.
The legislative rule filed in the State Register on the
twenty-eighth day of March, two thousand eleven, authorized under
the authority of section six, article twenty-five, chapter thirty,
of this code, modified by the Nursing Home Administrators Licensing
Board to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the eighteenth day
of October, two thousand eleven, relating to the Nursing Home
Administrators Licensing Board (nursing home administrators, 21 CSR
1), is authorized.
The legislative rule filed in the State Register on the
fourteenth day of July, two thousand eleven, authorized under the
authority of section seven, article twenty-eight, chapter thirty,
of this code, relating to the Board of Occupational Therapy (fees
for services rendered by the Board, 13 CSR 3), is authorized.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section four, article one, chapter thirty, of this
code, relating to the Board of Osteopathy (licensing procedures for
osteopathic physicians, 24 CSR 1), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section three hundred one, article three, chapter
sixty-a, of this code, relating to the Board of Pharmacy (Uniform
Controlled Substances Act, 15 CSR 2), is authorized with the
following amendment:
On page twenty three, subdivision 7.10.1., by striking out the
word "full" and inserting in lieu thereof the word "fill".
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section three-a, article five, chapter thirty, of this
code, relating to the Board of Pharmacy (continuing education for
licensure of pharmacists, 15 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section nine, article eight, chapter sixty-a, of this
code, relating to the Board of Pharmacy (licensure of wholesale
drug distributors, 15 CSR 5), is authorized with the following
amendment:
On page three, subsection 3.1, after the words "prescription
drugs." by adding the following: Notwithstanding the provisions of
W. Va. Code §60A-8-7, the fee for a license for the wholesale
distribution of drugs is $750.00.
(d) The legislative rule filed in the State Register on the
ninth day of December, two thousand eleven, authorized under the
authority of section thirty, article five, chapter thirty, of this code, relating to the Board of Pharmacy (immunizations administered
by pharmacists, 15 CSR 12), is authorized.
On page two, section 6.1.b., by striking the word 'five' and
reinserting in lieu thereof the word, 'ten';
And,
On page twenty, section 13.11., after the word 'licensure' and
the period, by striking out the remainder of the rule.
(b) The legislative rule relating to the Board of Examiners
for Speech-Language Pathology and Audiology (Code of Ethics, 29 CSR
5), is authorized as follows:
'
29 CSR 5
West Virginia Board of Examiners for Speech-Language Pathology
and Audiology Code of Ethics
§29-5-1. General.
1.2. Authority. - W.Va. Code §30-32-10
1.3. Filing Date. -
1.4. Effective Date. --
1.5. Preamble: The preservation of the highest standards of
integrity and ethical principles is vital to the responsible
discharge of obligations in the professions of Speech-Language
Pathology and Audiology. This code of Ethics sets forth the
fundamental principles and rules considered essential to this
purpose. Every individual who is licensed by this Board as a
Professional, Provisional or a Speech or Audiology Assistant.
§29.5.2. Licensed by this Board as a Professional, Provisional or
a Speech or Audiology Assistant.
2.2. The fundamentals of ethical conduct are described by
Principles of Ethics and Rules of Ethics as they relate to
responsibility to persons served, to the public, and to the
professions of speech-language pathology and audiology.
2.3. Principles of Ethics, aspirational and inspirational in
nature, form the underlying moral basis for the Code of Ethics. Licensees shall observe these principles as affirmative obligations
under all conditions of professional activity. Rules of Ethics are
specific statements of minimally acceptable professional conduct or
of prohibitions and are applicable to all licensees.
2.4. Principle of Ethics I
2.4.a. Licensees shall honor their responsibility to hold
paramount the welfare of persons they serve professionally.
2.4.b. Rules of Ethics
2.4.b.1. Licensees shall provide all services competently.
2.4.b.2. Licensees shall use every resource, including
referral when appropriate, to ensure that high-quality service is
provided.
2.4.b.3. Licensees shall not discriminate in the delivery of
professional services on the basis of race ethnicity, gender, age,
religion, national origin, sexual orientation, or disability.
2.4.b.4. Licensees shall fully inform the persons they serve
of the nature and possible effects of services rendered and
products dispensed.
2.4.b.5. Licensees shall evaluate the effectiveness of
services rendered and of products dispensed and shall provide
services or dispense products only when benefit can be reasonably
expected.
2.4.b.6. Licensees shall not guarantee the results of any
treatment or procedure, directly or by implication; however, they
may make a reasonable statement of prognosis.
2.4.b.7. Licensees shall not evaluate or treat speech,
language, or hearing disorders solely by correspondence.
2.4.b.8. Licensees shall maintain adequate records of
professional services rendered and products dispensed and shall
allow access to these records when appropriately authorized.
2.4.b.9. Licensees shall not reveal, without authorization,
any professional or personal information about the person served
professionally, unless required by law to do so, or unless doing so
is necessary to protect the welfare of the person or of the
community.
2.4.b.10. Licensees shall not charge for services not
rendered, nor shall they misrepresent, in any fashion, services
rendered or products dispensed.
2.4.b.11. Licensees shall use persons in research or as
subjects of teaching demonstrations only with their informed
consent.
2.4.b.12. Licensees whose professional services are adversely
affected by substance abuse or other health-related conditions
shall seek professional assistance and, where appropriate, withdraw
from the affected areas of practice.
2.5. Principles of Ethics II
2.5.a.. Licensees shall honor their responsibility to achieve
and maintain the highest level of professional competence.
2.5.b. Rules of Ethics
2.5.b.1. Licensees shall engage in the provision of clinical services only when they hold the appropriate license or when they
are in the licensure process and are supervised by an individual
who holds the appropriate license.
2.5.b.2. Licensees shall engage in only those aspects of the
professions that are within the scope of their competence,
considering their level of education, training, and experience.
2.5.b.3. Licensees shall continue their professional
development throughout their careers.
2.5.b.4. Licensees shall delegate the provision of clinical
services only to persons who are licensed or to persons in the
education or licensure process who are appropriately supervised.
The provision of support services may be delegated to persons who
are neither licensed nor in the licensure process only when a
license holder provides appropriate supervision.
2.5.b.5. Licensees shall prohibit any of their professional
staff from providing services that exceed the staff member's
competence, considering the staff member's level of education,
training, and experience.
2.5.b.6. Licensees shall ensure that all equipment used in
the provision of services is in proper working order and is
properly calibrated.
2.6. Principle of Ethics III
2.6.a. Licensees shall honor their responsibility to the
public by promoting public understanding of the professions, by
supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in
all communications involving any aspect of the professions.
2.6.b. Rules of Ethics
2.6.b.1. Licensees shall not misrepresent their credentials,
competence, education, training, or experience.
2.6.b.2. Licensees shall not participate in professional
activities that constitute a conflict of interest.
2.6.b.3. Licensees shall not misrepresent diagnostic
information, services rendered, or products dispensed or engage in
any scheme or artifice to defraud in connection with obtaining
payment or reimbursement for such services or products.
2.6.b.4. Licensees' statements to the public shall provide
accurate information about the nature and management of
communication disorders, about the professions, and about
professional services.
2.6.b.5. Licensees' statements to the public -- advertising,
announcing, and marketing their professional services, reporting
research results, and promoting products -- shall adhere to
prevailing professional standards and shall not contain
misrepresentations.
2.7. Principle of Ethics IV
2.7.a. Licensees shall honor their responsibilities to the
professions and their relationships with colleagues, students, and
members of allied professions. Licensees shall uphold the dignity
and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept
the professions' self-imposed standards.
2.7.b. Rules of Ethics
2.7.b.1. Licensees shall prohibit anyone under their
supervision from engaging in any practice that violates the Code of
Ethics.
2.7.b.2. Licensees shall not engage in dishonesty, fraud,
deceit, misrepresentation, or any form of conduct that adversely
reflects on the professions or on the licensee's fitness to serve
persons professionally.
2.7.b.3. Licensees shall assign credit to only those
licensees who have contributed to a publication, presentation, or
product. Credit shall be assigned in proportion to the
contribution and only with the contributor's consent.
2.7.6.4. Licensee's statements to colleagues about
professional services, research results, and products shall adhere
to prevailing professional standards and shall contain no
misrepresentations.
2.7.b.5. Licensees shall not provide professional services
without exercising independent professional judgment, regardless of
referral source or prescription.
2.7.b.6. Licensees shall not discriminate in their
relationships with colleagues, students, and members of allied
professions on the basis of race or ethnicity, gender, age,
religion, national origin, sexual orientation, or disability.
2.7.b.7. Licensees who have reason to believe that the Code
of Ethics has been violated shall inform the West Virginia Board of
Examiners.
2.7.b.8. Licensees shall cooperate fully with the West
Virginia Board of Examiners in its investigation and adjudication
of matters related to this Code of Ethics.'.
(a) The legislative rule filed in the State Register on the
fifth day of July, two thousand eleven, authorized under the
authority of section six-a, article two, chapter five-b, of this
code, modified by the Development Office to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-third day of December, two thousand
eleven, relating to the Development Office (brownfield economic
development districts,
145 CSR 11
), is authorized.
(b) The legislative rule filed in the State Register on the
fourteenth day of July, two thousand eleven, authorized under the
authority of section twenty-a, article thirteen-a, chapter eleven,
of this code, modified by the Development Office to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the sixteenth day of December, two
thousand eleven, relating to the Development Office (use of coalbed
methane severance tax proceeds,
145 CSR 13
), is authorized, with
the following amendment:
On page one, section three, by striking out "W.Va. Code §11-
12-1" and inserting in lieu thereof "W.Va. Code §7-12-1".
(a) The legislative rule filed in the State Register on the
third day of August, two thousand eleven, authorized under the
authority of section six, article nineteen, chapter thirty, of this
code, modified by the Board of Registration for Foresters 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 eleven, relating to the Board of Registration for
Foresters (certification of registered foresters,
200 CSR 1
), is
authorized, with the following amendment:
On page 1, subsection 1.1, after the words "rule establishes"
by striking out the remainder of the sentence and inserting in lieu
thereof the words "educational and experience requirements,
approved job titles and continuing education requirements for
foresters and forestry technicians, and meeting requirements for
the board.";
On page 2, subsection 2.9, at the end of the subsection, by
striking out the words "this article" and inserting in lieu thereof
the words "W. Va. Code §30-19-1 et seq. and this rule.";
On page 2, in the first subsection 2.10, by striking out the
word "Permitee" and inserting in lieu thereof the word "Permittee",
and at the end of the subsection, by striking out the words "this
article" and inserting in lieu thereof the words "W. Va. Code §30-
19-1 et seq. and this rule.";
On page 2, subsection 2.11, at the end of the subsection, by
striking out the words "this article" and inserting in lieu thereof the words "W. Va. Code §30-19-1 et seq. and this rule.";
On page 2, in the second subsection 2.10, at the end of the
subsection, by striking out the words "this article" and inserting
in lieu thereof the words "W. Va. Code §30-19-1 et seq. and this
rule.";
On page 2, by redesignating the second subsection 2.10 as
subsection 2.12;
On page 2, section 3, after the section heading, by striking
out section 3 in its entirety and inserting in lieu thereof a new
section 3 to read as follows:
"§200-1-3. Applications.
3.1. An applicant for certification as a registered forester
shall submit evidence to the board of the following:
3.1.a. A bachelor's degree in forestry from a four year
school, college or university accredited by the Society of American
Foresters and at least two years of full-time equivalent work
experience as a professional forester within the ten years
preceding the date of filing an application for registration; or
3.1.b. An associate's degree from a two year technical
forestry program recognized by the Society of American Foresters
plus a bachelor's degree in another natural science or business and
at least four years of full-time equivalent work experience in the
field of forestry acceptable to the board within the ten years
preceding the date of filing an application for registration.
3.2. An applicant for certification as a registered forestry
technician shall submit evidence to the board of an associate's
degree from a two year technical forestry program recognized by the Society of American Foresters and at least four years of full-time
equivalent work experience in the field of forestry acceptable to
the board within the ten years preceding the date of filing an
application for registration.
3.3. All applicants must complete the application form
provided by the Board and supply the following:
3.3.a. Personal information;
3.3.b. Educational information;
3.3.c. Qualifying work experience;
3.3.d. Verification of license, certification or other
authority to practice from other state licensing boards, if
applicable;
3.3.e. Written responses to questions regarding criminal
offenses;
3.3.f. Written responses to questions regarding child
support obligations; and
3.3.g. Applicable fee or fees as provided in 200 CSR 4.";
On page 3, subsection 6.1, after the words "name and" by
striking out the word "license" and inserting in lieu thereof the
word "certification";
On page 4, subsection 6.7, by striking out the words "will
automatically" and inserting in lieu thereof the words "will be
automatically classified as";
On page 4, subsection 6.9, after the words "non-renewal of
any" by striking out the word "license" and inserting in lieu
thereof the word "certification" and after the words "return the
certificate" by striking out the words "of registration";
On page 4, subsection 7.1, after the words "issuing of a
certificate" by striking out the words "of registration";
On page 5, subsection 7.2, after the words "working toward
eligibility for" by striking out the word "licensing" and inserting
in lieu thereof the word "certification", and after the words
"leading to the issuance of a" by striking out the words "license
and" and after the word "certificate" by striking out the words "of
registration";
And,
On page 6, subsection 10.1, after the words "To renew a" by
striking out the word "license" and inserting in lieu thereof the
word "certificate" and after the words "renewal or initial" by
striking out the word "registration" and inserting in lieu thereof
the word "certification" and after the words "The board shall not
renew a" by striking out the word "license" and inserting in lieu
thereof the word "certificate".
(b) The legislative rule filed in the State Register on the
third day of August, two thousand eleven, authorized under the
authority of section six, article nineteen, chapter thirty, of this
code, modified by the Board of Registration for Foresters 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 eleven, relating to the Board of Registration for
Foresters (schedule of fees,
200 CSR 4
), is authorized, with the
following amendments:
On page 1, in the first subsection 2.2, after the word "fee"
by striking out the word "for";
On page 1, in the second subsection 2.2, after the word
"certification" by striking out the word "license"; and
On page 1, section 2, by numbering the subsections of said
section 2 sequentially.
(c) The legislative rule filed in the State Register on the
third day of August, two thousand eleven, authorized under the
authority of section six, article nineteen, chapter thirty, of this
code, modified by the Board of Registration for Foresters 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 eleven, relating to the Board of Registration for
Foresters (code of ethics,
200 CSR 5
), is authorized.
(a) The legislative rule filed in the State Register on the
twentieth day of July, two thousand eleven, authorized under the
authority of section four, article one-b, chapter nineteen, of this
code, relating to the Division of Forestry (sediment control during
commercial timber-harvesting operations - licensing,
22 CSR 2
), is
authorized, with the following amendment:
On page two, section two, subsection 2.22, after "§19-1B-3e"
by striking out the remainder of the subsection and inserting in
lieu thereof the following: "includes all aspects of logging,
including but not limited to severing and delimbing of trees,
cutting of the delimbed tree into logs either at the point of
severing or at a landing, the preparation of any skid and haul
roads and the skidding or otherwise moving of logs to landings.".
(b) The legislative rule filed in the State Register on the
twentieth day of July, two thousand eleven, authorized under the
authority of section seven, article one-b, chapter nineteen, of
this code, relating to the Division of Forestry (sediment control
during commercial timber-harvesting operations - logger
certification,
22 CSR 3
), is authorized, with the following
amendment:
On page two, section two, subsection 2.13, after the word
"Operations", by inserting the words "or the singular".
(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section six, article fifteen, chapter twenty-one,
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of October,
two thousand eleven, relating to the Division of Labor (Zipline and
Canopy Tour Responsibility Act,
42 CSR 10
), is authorized with the
following amendments:
On page two, subsection 3.5., by striking out all of
subsection 3.5. and inserting in lieu thereof a new subsection,
designated subsection 3.5., to read as follows:
3.5. "Serious injury," means an injury that is directly
related to any mechanical, electrical, operational or structural
malfunction of a zipline or canopy tour that results in death, loss
of consciousness, or requires medical treatment other than first
aid by a physician or other medical professional for which a record
is created.;
And,
On pages four through six, by striking out the remainder of
the rule and inserting in lieu thereof the following:
§42-10-10. Unscheduled Cessation of Operation.
10.1. Following any unscheduled cessation of operation, the
operator of a zipline or canopy tour shall immediately have the
participants safely removed or unloaded from the zipline or canopy
tour.
10.2. If the operator determines that the zipline or canopy
tour can safely resume operation, the qualified person shall first
operate the zipline or canopy tour without participants to ensure
that the cause of the unscheduled cessation of operation has been
corrected.
10.3. The operator shall document any unscheduled cessation of
operation, including the identification of the zipline or canopy
tour, the name of the employee operating the zipline or canopy tour
during the unscheduled cessation, and a complete description of the
incident, including the date, time, weather conditions, location,
number of participants, etc.
§42-10-11. Imminent Danger.
11.1. If the Commissioner or a special inspector determines
that a zipline or canopy tour presents an imminent danger, he or
she shall immediately give written notification to the zipline or
canopy tour owner or operator, advising him or her that the zipline
or canopy tour shall be immediately removed from service.
11.2. If the owner or operator does not immediately remove the
zipline or canopy tour from service, the inspector shall
immediately report the imminent danger to the Commissioner.
11.3. If the owner or operator does not immediately remove the
zipline or canopy tour from service, the Commissioner may seek a
temporary or permanent restraining order or injunction to prohibit
the continuing operation of the zipline or canopy tour.
§ 42-10-12. Serious Injury or Fatality.
12.1. If a participant or member of the general public is
involved in an accident related to the operation of a zipline or canopy tour that results in a serious injury or a fatality, the
owner or operator shall immediately shut down the operation of the
zipline or canopy tour and secure the safety of other participants
and the general public.
12.2. An owner or operator shall ensure that the scene of a
serious injury or fatality is left intact from the time of the
accident and shall ensure that the zipline or canopy tour involved
is not removed from the scene of the accident without written
authorization from the Commissioner or a law enforcement officer.
12.3. The owner, operator, and any employees who witnessed the
accident or who operated the zipline or canopy tour when the
accident occurred shall be available to be interviewed by the
Commissioner.
12.4. The owner of the zipline or canopy tour shall make a
report of the injury or fatality to the Commissioner within 24
hours of its occurrence, using the Division's emergency contact
protocol.
12.4.a. After the owner of the zipline or canopy tour notifies
the Commissioner of a serious injury or fatality, the Commissioner
shall, with reasonable promptness, advise the owner whether the
zipline or canopy tour shall remain shut down pending investigation
and inspection or whether it can be placed back in service.
12.4.b. In deciding whether the zipline or canopy tour shall
remain shut down or whether it can be placed back in service, the
Commissioner's sole consideration shall be the safety of
participants and the general public.
12.5. The owner shall document the accident, to include the full name, address and telephone number of the injured person, a
description of his or her injuries, identification of the zipline
or canopy tour involved, the names and addresses of the owner and
employees who witnessed the accident, and any other pertinent
information describing the events leading up to the accident.
12.6. An owner or operator shall keep a record of every
accident or fatality with the certificate of inspection, which
shall be readily accessible to the general public. The record
shall include the following information:
12.6.a. The date of every accident or fatality;
12.6.b. A description of the type of accident;
12.6.c. The number of people injured or killed; and
12.6.d. A description of the types of injuries.
§42-10-13. Reports and Records.
13.1. The owner of the zipline or canopy tour shall retain all
reports, documents, photographs and records required by this rule
for not less than 3 years from the date of the unscheduled
cessation, imminent danger notification, or serious injury or
fatality.
13.2. If an owner violates any provision of this section of
the rule, the Commissioner may permanently revoke the permit to
operate.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section three, article ten, chapter twenty-one, of
this code, modified by the Division of Labor to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-fifth day of October, two thousand
eleven, relating to the Division of Labor (Amusement Rides and
Amusement Attractions Safety Act,
42 CSR 17
), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand eleven, authorized under
the authority of section eleven, article three-c, chapter twenty-
one, of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of October,
two thousand eleven, relating to the Division of Labor (supervision
of elevator mechanics and apprentices,
42 CSR 21A
), is authorized.
The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand eleven, authorized under the
authority of section thirteen, article thirteen-bb, chapter eleven,
of this code, modified by the Office of Miners' Health, Safety and
Training to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twenty-
second day of November, two thousand eleven, relating to the Office
of Miners' Health, Safety and Training (application process for the
West Virginia Innovative Mine Safety Technology Tax Credit Act,
56
CSR 14), is authorized.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (special boating, 58 CSR 26), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand eleven, authorized under the
authority of section twenty-three, article seven, chapter twenty,
of this code, modified by the Division of Natural Resources to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (special motorboating, 58 CSR 27), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (hunting,
trapping and fishing, 58 CSR 45A), is authorized.
(d) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (defining the terms used in all hunting and trapping, 58
CSR 45), is authorized.
(e) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (prohibitions when hunting and trapping, 58 CSR 470, is
authorized.
(f) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (general trapping,
58 CSR 53), is authorized, with the
following amendment:
On page one, section three, subsection 3.2, in the first
sentence, after the word "Areas" by adding "and State Forests",
And,
On page one, section three, subsection 3.2, in the second
sentence, after the word "Area" by adding "or State Forest".
(g) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand eleven, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of
September, two thousand eleven, relating to the Division of Natural
Resources (special fishing,
58 CSR 61), is authorized.
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);"
(b) The legislative rule filed in the state register on the
first day of June, one thousand nine hundred ninety-six, authorized
under the authority of section two, article six, chapter twenty-two
of this code, relating to the division of environmental protection
(coalbed methane wells, 38 CSR 23, renumbered as 35 CSR 3), is
authorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);"
(c) The legislative rule filed the first day of July, one
thousand nine hundred ninety-three, authorized under the authority
of section two, article six, chapter twenty-two of this code,
relating to the division of environmental protection (designation
of future use and inactive status for oil and gas wells, 38 CSR 21,
renumbered as 35 CSR 5), is authorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);"
(d) The legislative rule filed in the state register on the
first day of July, one thousand nine hundred ninety-three,
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, 38 CSR 18,
renumbered as 35 CSR 4), is authorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format (standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);"
(e) The legislative rule filed in the state register on the
twelfth day of June, one thousand nine hundred eighty-seven,
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 operations - solid waste, 38 CSR 12,
renumbered as 35 CSR 2), is authorized with the following
amendment:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);"
(f) The legislative rule filed in the state register on the
first day of June, one thousand nine hundred ninety-one, authorized
under the authority of section two, article six, chapter twenty-two
of this code, relating to the division of environmental protection
(miscellaneous Water Pollution Control, 38 CSR 11, renumbered as 35
CSR 1), is authorized with the following amendment:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format (standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);"
(g) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section two, article six, chapter
twenty-two of this code, relating to the division of environmental
protection (dam control, 38 CSR 14), is repealed.
(h) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section two, article six, chapter
twenty-two of this code, relating to the division of environmental
protection (certification of gas wells, 38 CSR 16), is repealed.
(a) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(regulations for mining and reclamation of minerals other than
coal, 38 CSR 2B), effective the first day of January, one thousand
nine hundred eighty-three, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
Beginning on page 1, in the first sentence of section 2, and
continuing throughout the text of the rule, by striking out the
words 'these regulations' and inserting in lieu thereof the words
'this rule';
Beginning on page 2, subsection 2.16, and continuing
throughout the text of the rule, by striking out the words
'Department of Natural Resources' and inserting in lieu thereof
'Division of Environmental Protection', and by striking out the
words 'Division of Reclamation' and inserting in lieu thereof,
'Office of Mining and Reclamation';
Beginning on page 6, subdivision 5.3.a, and continuing
throughout the text of the rule, by striking out the words 'Article
six-D (6d), Chapter twenty (20), Code of West Virginia', and
inserting in lieu thereof the words 'W.Va. Code Chapter 22, Article
4';
Beginning on page 8, subsection 6A.2., and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the
words 'MINING AND RECLAMATION' and inserting in lieu thereof the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line;
On page 1, subsection 1.2, by striking out the words 'W.Va.
Code §20-1-7 and §20-6D' and inserting in lieu thereof the words
'W.Va. Code §22-1-3 and §22-4-1';
On page 1, in the first sentence of section 2, by striking out
the words 'Article Six (6), Chapter twenty (20), Code of West
Virginia' and inserting in lieu thereof the words 'W.Va. Code
Chapter 22, Article 4';
On page 3, subsection 2.45, by striking out the words 'Water
Resources' and inserting in lieu thereof the words 'Environmental
Protection';
On page 5, subsection 4.1, by striking out the words 'Section
eleven A (11a), Article six d (6d), Chapter twenty (20) of the Code
of West Virginia' and inserting in lieu thereof 'W.Va. Code
§22-4-11';
On page 6, subdivision 5.5.a., by striking out the words
'Reclamation Division' and inserting in lieu thereof the words
'Office of Mining and Reclamation';
On page 9, subsection 6A.3, after the words 'State Department
of Health', by inserting the words 'and Human Resources';
On page 9, subsection 6B.2, by striking the words 'section six
D (6d) or six E (6e)' and inserting in lieu thereof 'section 6D or
6E';
On page 15, subparagraph 7B.a.2.B, by deleting 'section
'7B.1(a)(2)' and inserting in lieu thereof 'paragraph 7B.1.a.2';
On page 17, subsection 8.6, in the first sentence, by striking
out the words 'Article six (D) (6d), Chapter twenty (20), Section
nine (9), Code of West Virginia', and inserting in lieu thereof,
'W.Va. Code §22-4-9';
And,
On page 17, subdivision 9.2.c, by striking out the words
'Section sixteen (16), Article six D (6d), Chapter twenty (20),
Code of West Virginia', and inserting in lieu thereof 'W.Va. Code
§22-4-16'."
(b) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(standards for certification of blasters - surface coal mines, 38
CSR 2C), effective the first day of May, one thousand nine hundred
ninety-five, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format (standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by inserting the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line;
And,
On page 3, section 4, in the second sentence, by striking out
the first appearance of the words 'subparagraph a-k, paragraph 1,'
and inserting in lieu thereof the words 'paragraphs 5.1.a.1 through
5.1.a.11 of', and by striking out the words 'subparagraph a-k,
paragraph 1,' and inserting in lieu thereof the words 'paragraphs
5.2.a.1 through 5.2.a.11 of'."
(c) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(abandoned mine lands reclamation rule, 38 CSR 2D), effective the
twenty-sixth day of June, one thousand nine hundred ninety-five, is
reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of rule, by striking out the title reference '38' and
inserting in lieu thereof the title reference '59';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series reference '2D' and
inserting in lieu thereof the series reference '1';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by inserting the
words 'OFFICE OF ABANDONED MINE LANDS AND RECLAMATION' on the fifth
line;
On page 3, subparagraph 3.3.b.4.E, by striking out the words
'paragraph (b), (2) of this section' and inserting in lieu thereof
the words 'paragraph 3.3.b.2 of this section';
On page 3, paragraph 4.3.b.1, by striking out the words
'paragraph a of this section' and inserting in lieu thereof the
words 'subdivision 4.3.a of this section';
On page 6, subparagraph 4.5.a.7.E, by striking out the words
'subsection (b) or (c)' and inserting in lieu thereof the words
'subparagraph 4.5.a.7.B or 4.5.a.7.C';
On page 7, in the first sentence of subdivision 4.5.b., by
striking out the words 'subsection (a) of this section' and
inserting in lieu thereof the words 'subdivision 4.5.a of this
subsection';
On page 7, in the second sentence of subdivision 4.5.b, by
striking out the words 'subsection (a) of this section' and
inserting in lieu thereof the words 'subdivision 4.5.a of this
subsection';
On page 8, subdivision 5.3.e, by striking out the reference
'2D-5' and inserting in lieu thereof the reference '5';
On page 12, paragraph 6.5.e.2, by striking out the words
'paragraph (e) of this section' and inserting in lieu thereof the
words 'subdivision 6.5.e of this subsection';
On page 12, paragraph 6.5.e.4, by striking out the words
'paragraph (e) of this section' and adding in lieu thereof the
words 'subdivision 6.5.e of this subsection';
On page 12, subsection 7.1, by adding the prefix 'sub' before
the word 'section';
On page 12, subdivision 7.2.b, by striking out the words
'paragraph (a) of this section' and inserting in lieu thereof the
words 'subdivision 7.2.a of this subsection';
On page 13, subdivision 7.2.d, by striking out the words
'7.3(a)(1),(2), or (3) of this section' and inserting in lieu
thereof the words 'paragraphs 7.3.a.1, 2, or 3 of this section';
And,
On page 14, subdivision 8.4.c, by striking out the words
'section 8.4(b) of this rule' and inserting in lieu thereof the
words 'subdivision 8.4.b of this subsection'."
(d) The legislative rule relating to the division of
environmental protection, office of mining and reclamation
(groundwater protection regulations coal mining operations, 38 CSR
2F), effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the words 'MINING AND RECLAMATION' and inserting in lieu thereof the
words 'OFFICE OF MINING AND RECLAMATION' on the fifth line;
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
Beginning on page 1, subsection 1.1., and continuing
throughout the text of the rule, by striking out the words 'Chapter
22A, Article 3' and inserting in lieu thereof the words 'Chapter
22, Article 3', and by striking out the words 'Chapter 20, Article
5A' and inserting in lieu thereof the words 'Chapter 22, Article
11';
On page 1, subsection 1.1., by striking out the words 'Chapter
20-5M-1 et seq. of the West Virginia Code' and inserting in lieu
thereof the words 'W.Va. Code §22-12-1 et seq.';
On page 1, subsection 1.2., by striking out the code reference
'20-5M-5' and inserting in lieu thereof the code reference
'§22-12-5';
On page 1, subsection 2.1., by striking out the code reference
'20-5M-1' and inserting in lieu thereof the code reference
'§22-12-1';
On page 1, subsection 2.2, by striking out the words
'subsection (w), Section (3), Article 3, Chapter 22A (the West
Virginia Surface Coal Mining and Reclamation Act) of the Code of
West Virginia, 1931' and inserting in lieu thereof the words 'W.Va.
Code §22-3-3(u)';
On page 2, subsection 2.12., by striking out the code reference
'20-5M-5(h)' and inserting in lieu thereof '22-12-5(h)';
On page 2, subsection 3.2., by striking out the code reference
'20-5A-1' and inserting in lieu thereof the code reference
'22-11-1', and by striking out the code reference '22A-3-1' and
inserting in lieu thereof the code reference '22-3-1';
And,
On page 2, subsection 3.2, by striking out the words 'Water
Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board'."
(a) The legislative rule relating to the office of air quality
(to prevent and control air pollution from coal refuse disposal
areas, 45 CSR 1), effective the first day of January, one thousand
nine hundred and sixty-five, is reauthorized with the following
amendments:
"Beginning on page 1, in the title of the rule, by inserting
the words 'OFFICE OF' immediately before the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5' and inserting in lieu thereof the code reference
'§22-5-1 et seq.';
On page 1, subsection 2.1, by striking out the words '-- The
term' and inserting in lieu thereof the word 'or';
On page 1, subsection 2.1, and continuing throughout the text
of the rule, by striking out the code reference 'section two of
chapter sixteen, article twenty of the Code of West Virginia, 1931'
and inserting in lieu thereof the code reference 'W.Va. Code
§22-5-2';
On page 1, subsection 2.2, by striking through the period
immediately following the words 'Coal Refuse';
On page 1, subsection 2.3, by striking through the period
immediately following the words 'Coal Refuse Pile';
On page 1, subsection 2.3, by striking through the period
immediately following the words 'Coal Refuse Disposal Area';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words '-- Any', and inserting in lieu thereof the words 'means any';
On page 1, subsection 2.5, by striking out the words '-- The'
and inserting in lieu thereof the words 'means the';
Beginning on page 1, subsection 2.6, second paragraph, and
continuing throughout the text of the rule, by striking out the
word 'regulation' and inserting in lieu thereof the word 'rule';
And,
Beginning on page 2, subsection 3.1, and continuing throughout
the text of the rule, by striking out the word 'Commission' and
inserting in lieu thereof the word 'Director'."
(b) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from combustion
of fuel in indirect heat exchangers, 45 CSR 2), effective the first
day of May, one thousand nine hundred and ninety-five, is
reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.6, by striking out the code reference
'sections six or eight, article one, chapter twenty-two of the West
Virginia Code', and inserting in lieu thereof the code reference
'W.Va. Code §22-1-6 or §22-1-8';
On page 2, subdivision 2.12.a, by striking out the apostrophes
enclosing the words 'design heat input (dhi)', and inserting in
lieu thereof quotation marks;
On page 2, subdivision 2.12.b, by striking out the apostrophes
enclosing the words 'total design heat input (tdhi)', and inserting
in lieu thereof quotation marks;
On page 2, subdivision 2.12.c, by striking out the apostrophes
enclosing the words 'normal maximum operating load (nmol)', and
inserting in lieu thereof quotation marks;
On page 2, subsection 2.16, by striking out the word 'the'
immediately preceding the words '45CSR2';
On page 4, subdivision 3.4.g, by striking out the word
'regulations', and inserting in lieu thereof the word 'rules';
On page 5, subsection 7.1, by striking out the words 'Code of
West Virginia', and inserting in lieu thereof the words 'West
Virginia Code';
On page 7, subsection 12.1, by striking through the word
'regulation' and inserting in lieu thereof the word 'rule'."
And,
On page 7, subsection 12.1, by striking out the words 'rule or
regulation', and inserting in lieu thereof the words 'or rule'."
(c) The legislative rule relating to the office of air quality
(to prevent and control air pollution from the operation of hot mix
asphalt plants, 45 CSR 3), effective the twenty-seventh day of
October, one thousand nine hundred seventy-nine, is reauthorized
with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq.';
On page 1, subsection 2.1, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', and inserting in lieu thereof the words 'W.Va. Code
§22-5-2';
On page 1, subsection 2.2, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 2.3 and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 2.3, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the
words 'Division of Environmental Protection';
On page 2, subsection 2.11, by striking out the words 'shall
be', and inserting in lieu thereof the word 'means';
Beginning on page 2, subsection 2.11 and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 2, subsection 2.14, by striking out the word 'is';
Beginning on page 2, subsection 2.14 and continuing throughout
the text of the rule, by striking out the word 'regulation', and inserting in lieu thereof the word 'rule';
On page 2, subsection 2.15, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia, 1931', and inserting in lieu thereof the code reference
'W.Va. Code §22-5-1 et seq';
On page 3, subsection 6.3, by striking out the code reference
'chapter sixteen, article twenty, section 11(b) of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-11';
On page 3, subsection 6.3, by striking out the reference
'Regulation 13', and inserting in lieu thereof the reference
'45CSR13';
And,
On page 3, subsection 8.1, by striking out the code reference
'section five of chapter sixteen, article twenty, paragraph
seventeen, of the code of West Virginia', and inserting in lieu
thereof the code reference 'W.Va. Code §22-5-4'."
(d) The legislative rule relating to the office of air quality
(to prevent and control the discharge of air pollutants into the
open air which causes or contributes to an objectionable odor or
odors, 45 CSR 4), effective the first day of October, one thousand
nine hundred and sixty-seven, is reauthorized with the following
amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF ' immediately prior to the words AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.3, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.1, and continuing throughout the text
of the rule, by striking out the words 'shall mean' and inserting
in lieu thereof the word 'means';
On page 1, subsection 2.6, by striking out the words 'Air
Pollution Control Commission' and inserting in lieu thereof the
word 'Director';
Beginning on page 1, subsection 2.7, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 2.7, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
And,
On page 1, subsection 2.7, by striking out the code reference
'chapter sixteen, article twenty, section two of the Code of West
Virginia, 1931,', and inserting in lieu thereof the code reference
'W.Va. Code §22-5-1 et seq'."
(e) The legislative rule relating to the office of air quality (to prevent and control air pollution from the operation of coal
preparation plants and coal handling operations, 45 CSR 5),
effective the first day of May, one thousand nine hundred and
ninety-five, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, subsection 1.2, by striking out the code reference
'§§22-1-3, 22-5-4', and inserting in lieu thereof the code
reference '§22-5-1 et seq';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.20, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
by inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 4, subsection 6.3.c.5, by striking out the words
'Section 6.3.c.A', and inserting in lieu thereof the words
'paragraph 6.3.c.1';
On page 8, subsection 11.3, by striking out the word
'Commission', and inserting in lieu thereof the words 'Air Quality
Board';
And,
On page 8, subdivision 12.1.a, by striking out the word 'Commission', and inserting in lieu thereof the word 'Director'."
(f) The legislative rule relating to the office of air quality
(to prevent and control air pollution from combustion of refuse, 45
CSR 6), effective the first day of May, one thousand nine hundred
and ninety-five, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.1, by striking out the code reference
'section two, article twenty, chapter sixteen of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-2';
Beginning on page 1, subsection 2.6, and throughout the text
of the rule, by striking out the word 'regulation', and inserting
in lieu thereof the word 'rule';
And,
On page 2, subsection 2.18, by striking out the code reference
'§22-5-2', and inserting in lieu thereof the code reference
'§22-5-1 et seq'."
(g) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from
manufacturing process operations, 45 CSR 7), effective the
twenty-seventh day of April, one thousand nine hundred and
ninety-four, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by striking out the words
'AIR POLLUTION CONTROL COMMISSION', and inserting in lieu thereof
the words 'DIVISION OF ENVIRONMENTAL PROTECTION' on one line and
'OFFICE OF AIR QUALITY' on the next line;
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20-2', and inserting in lieu thereof the code reference
'§22-5-2';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.3, by striking out the words 'shall
mean', and inserting in lieu thereof the word 'means';
Beginning on page 1, subsection 2.8, and continuing throughout
the text of the rule, by striking out the word 'Chief', and
inserting in lieu thereof the word 'Director';
On page 4, subsection 2.44, by striking out the words
'"Quality" or "Chief" means the Chief of the Office of Air Quality
or his or her designated representative appointed by the Director
of the Division of Environmental Protection pursuant to the
provisions of W.Va. Code §22-1-1, et seq., as amended.', and inserting in lieu thereof the words '[RESERVED]';
On page 4, subsection 2.45, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 5, paragraph 3.3.e.3, by striking out the references
'3.3.e.A. or 3.3.e.B' and inserting in lieu thereof the references
'3.3.e.1 or 3.3.e.2';
On page 6, paragraph 3.4.e.3, by striking out the references
'3.4.e.A. and 3.4.e.B', and inserting in lieu thereof the
references '3.4.e.1 and 3.4.e.2';
On page 11, section 7, by striking through the code reference
'§16-20-1, et, seq.', and inserting in lieu thereof the code
reference '§22-5-1, et seq.';
And,
On page 11, section 7, by striking through the words 'this
agency', and inserting in lieu thereof the reference 'Title 45'."
(h) The legislative rule relating to the office of air quality
(ambient air quality standards for sulfur oxides and particulate
matter, 45 CSR 8), effective the twenty-fifth day of April, one
thousand nine hundred and ninety, is reauthorized with the
following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 1, subsection 1.2, by striking out the code references
'§§16-20-5 and 16-20-1 through 13', and inserting in lieu thereof
the code reference '§22-5-1 et seq';
On page 1, subsection 2.2, by striking out the code reference
'WV Code 16-20-2', and inserting in lieu thereof the code reference
'W.Va. Code §22-5-2';
Beginning on page 2, section 5, and continuing throughout the
text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
And,
On page 2, section 5, immediately following the word 'method',
by striking out the word 'rule'."
(i) The legislative rule relating to the office of air quality
(regulations pertaining to ambient air quality standards for carbon
monoxide, nonmethane hydrocarbons, and ozone, 45 CSR 9), effective
the twenty-second day of October, one thousand nine hundred and
eighty, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, in the title of the rule, by striking out the word
'REGULATIONS', and by inserting in lieu thereof the word 'RULES';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq.';
On page 1, subsection 3.3, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission', and by inserting in lieu thereof the words
'[RESERVED]';
Beginning on page 1, subsection 2.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 3.2, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-2';
On page 2, subsection 3.7, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule';
And,
Beginning on page 2, subsection 5.1, and continuing throughout
the text of the rule, by striking out the words 'West Virginia Air Pollution Control Commission', and inserting in lieu thereof the
word 'Director'."
(j) The legislative rule relating to the office of air quality
(to prevent and control air pollution from the emission of sulfur
oxides, 45 CSR 10), effective the twenty-seventh day of April, one
thousand nine hundred and ninety-four, is reauthorized with the
following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.", and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subdivision 1.1.b, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof 'Director';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20-2', and inserting in lieu thereof the code reference
'§22-5-2';
On page 2, subsection 2.17, by striking out the words '"Chief of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of W.Va. Code §22-1-1, et seq, as amended.', and
inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.18, by striking out the words 'that
Division of the West Virginia Department of Commerce, Labor, and
Environmental Resources', and inserting in lieu thereof the words
'the Division of Environmental Protection';
Beginning on page 4, subdivision 3.4.b, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 4, subdivision 3.8.a, by striking out the words
'paragraphs (b), (c), (d), (e), and (f) following', and inserting
in lieu thereof the words 'subdivisions 3.8.b through 3.8.f';
And,
On page 6, subsection 5.1, by striking out the words
'§16-20-1, et seq., as amended, and Series 13 of this agency', and
inserting in lieu thereof the words '§22-5-1 et seq., as amended,
and 45CSR13'."
(k) The legislative rule relating to the office of air quality
(prevention of air pollution emergency episodes, 45 CSR 11),
effective of the twenty-fifth day of April, one thousand, nine
hundred and ninety, is reauthorized with the following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code references '§§16-20-5 and 16-20-1-13', and inserting in lieu thereof the code
reference '§22-5-1 et seq';
On page 1, subsection 2.2, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.3, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
Beginning on page 1, subsection 2.6, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'and/or
Commission';
Beginning on page 2, subdivision 3.1.a, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the word 'Director';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 3, subsection 3.2, striking out the reference 'WV Code
§45-11-6', and inserting in lieu thereof the words 'Section 6 of
this rule';
On page 4, subsection 6.2, and continuing throughout the text
of the rule, by striking out the reference 'W.Va. Code §45-11-5',
and inserting in lieu thereof the words 'Section 5 of this rule';
On page 5, subsection 7.1, by striking out the code reference
'W.Va. Code §16-20-10', and inserting in lieu thereof the code
reference 'W.Va. Code §22-5-8';
On page 5, section 8, in the heading, by striking out the word
'Regulations', and inserting in lieu thereof the word 'Rules';
And,
On page 5, subsection 8.1, by striking out the words 'rule'
immediately preceding the words 'or rule'."
(l) The legislative rule relating to the office of air quality
(ambient air quality standard for nitrogen dioxide, 45 CSR 12),
effective the fifteenth day of March, one thousand nine hundred and
seventy-two, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 3.3, by striking out the words
'"Commission shall mean the West Virginia Air Pollution Control
Commission', and by inserting in lieu thereof the words
'[RESERVED]';
On page 2, subsection 5.1, by striking out the words 'West Virginia Air Pollution Control Commission', and inserting in lieu
thereof the word 'Director';
Beginning on page 1, subsection 2.1, and continuing throughout
the text of the rule, by striking out the word "Commission", and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 3.1, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 3.2, by striking out the code reference
'§16-20-2', and inserting in lieu thereof the code reference
'§22-5-2';
And,
On page 1, subsection 3.5, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule'."
(m) The legislative rule relating to the office of air quality
(permits for construction, modification, relocation and operation
of stationary sources of air pollutants, notification requirements,
temporary permits, general permits, and procedures for evaluation,
45 CSR 13), effective the twenty-seventh day of April, one thousand
nine hundred and ninety-four, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words 'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 2, subsection 2.4, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of W.Va. Code §22-1-1, et seq.', and by inserting in
lieu thereof the words '[RESERVED]';
Beginning on page 1, subdivision 2.1.a, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 1, subsection 2.3, by striking out the code reference
'article twenty, chapter sixteen of the W.Va. Code', and inserting
in lieu thereof the code reference 'W.Va. Code §22-5-2';
On page 2, subsection 2.7, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.10, by striking out the words 'that
division of the Department of Commerce, Labor and Environmental
Resources', and inserting in lieu thereof the words 'the Division
of Environmental Protection';
On page 3, paragraph 2.17.b.2, by striking out the words
'subparagraph 2.13.b.A', and inserting in lieu thereof the words
'paragraph 2.17.b.1';
On page 3, subdivision 2.17.c, by striking out the words 'subparagraph 2.13.b.A', and inserting in lieu thereof the words
'paragraph 2.17.b.1';
On page 10, subsection 11.2, by striking out the words
'Commission rules', and inserting in lieu thereof the words 'rules
of the Director';
Beginning on page 4, subdivision 2.21.d, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof the word 'Director';
On page 5, subsection 2.28, by striking out the code reference
'chapter sixteen, article twenty, section two of the Code of West
Virginia, 1931', and inserting in lieu thereof the code reference
'W.Va. Code §22-5-1 et seq.';
And,
Beginning on page 6, subsection 4.4, and continuing throughout
the text of the rule, by striking out the code reference
'§16-20-1', and inserting in lieu thereof the code reference
'§22-5-1'."
(n) The legislative rule relating to the office of air quality
(permits for construction and major modification of major
stationary sources of air pollution for the prevention of
significant deterioration, 45 CSR 14), effective the first day of
May, one thousand nine hundred and ninety-five, is reauthorized
with the following amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6)
;
On page 3, subsection 2.11, by striking out the words '"Chief
of the Office of Air Quality" or "Chief" means the principal
administrative officer of the Office of Air Quality or other
designated representative appointed by the Director of the Division
of Environmental Protection pursuant to the provisions of W.Va.
Code §22-1-1 et seq.', and inserting in lieu thereof the words
'[RESERVED]'."
(o) The legislative rule relating to the office of air quality
(emission standards for hazardous air pollutants pursuant to 40 CFR
part 61, 45 CSR 15), effective the first day of May, one thousand
nine hundred and ninety-five, is reauthorized with the following
amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
."
(p) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from materials
handling, preparation, storage and sources of fugitive particulate
matter, 45 CSR 17), effective the first day of May, 1979, is
reauthorized with the following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 3.2, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control Commission.'; and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 3.3, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the
words 'Division of Environmental Protection';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 3, section 12, by striking out the words 'or
regulation';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.2, by striking out the code reference
'W.Va. Code §16-20-5', and inserting in lieu thereof the code
reference 'W.Va. Code §22-5-1 et seq';
On page 1, subsection 3.1, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-2';
Beginning on page 1, subsection 3.4, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 2, subsection 3.11, by striking out the words 'shall
include, but not be', and inserting in lieu thereof the words
'includes, but is not';
On page 2, subsection 3.12, by striking out the code reference
'section two of chapter sixteen, article twenty of the Code of West Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-1 et seq';
And,
On page 3, subsection 9.1, by striking out the code reference
'chapter sixteen, article twenty, section five, subsection
seventeen of the Code of West Virginia', and inserting in lieu
thereof the code reference 'W.Va. Code §22-5-4'."
(q) The legislative rule relating to the office of air quality
(to prevent and control particulate air pollution from direct meat-
firing devices, 45 CSR 18), effective the first day of May, one
thousand nine hundred and seventy-nine, is reauthorized with the
following amendments:
"On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'Section Two of Chapter Sixteen, Article Twenty of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-2';
On page 1, subsection 2.3, by striking out the words
'"Commission" shall mean the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words 'shall mean', and
inserting in lieu thereof the word 'means';
On page 1, subsection 2.4, by striking out the words 'Air
Pollution Control Commission', and inserting in lieu thereof the
words 'Division of Environmental Protection';
On page 1, subsection 2.8, by striking out the words 'shall
be', and inserting in lieu thereof the word 'means';
Beginning on page 1, subsection 2.8, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 2, subsection 2.15, and continuing
throughout the text of the rule, by striking out the word
'regulation', and inserting in lieu thereof the word 'rule';
On page 2, subsection 2.15, by striking out the code reference
'Chapter Sixteen, Article Twenty, Section Two of the Code of West
Virginia', and inserting in lieu thereof the code reference 'W.Va.
Code §22-5-1 et seq';
On page 2, subsection 5.1, by striking out the code reference
'Section Five of Chapter Sixteen, Article Twenty, Paragraph
Seventeen of the Code of West Virginia', and inserting in lieu
thereof the code reference 'W.Va. Code §22-5-4';
On page 2, section 6, by striking out the code reference
'Section Two of Chapter Sixteen, Article Twenty, Paragraph 11b of
the Code of West Virginia', and inserting in lieu thereof the code
reference 'W.Va. Code §22-5-11';
And,
On page 2, section 6, by striking out the word 'Regulation 13
of this agency', and inserting in lieu thereof the reference
'45CSR13'."
(r) The legislative rule relating to the office of air quality
(requirements for pre-construction review, determination of
emission offsets for proposed new or modified stationary sources of
air pollutants and emission trading for intrasource pollutants,
45 CSR 19), effective the seventh day of July, one thousand nine
hundred ninety-three, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 2, subsection 2.9, by striking out the words '"Chief
of Air Quality" or "Chief" means the Chief of the Office of Air
Quality or his or her designated representative appointed by the
Director of the Division of Environmental Protection pursuant to
the provisions of §22-1-1, et seq., of the West Virginia Code.',
and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.11, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.2, by striking out the words
'Commission or Chief', and inserting in lieu thereof the word
'Director';
Beginning on page 1, subsection 1.1, and continuing throughout the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the code reference
'Chapter 16, Article 20, of the code of West Virginia, of 1931, as
amended, (the Code)', and inserting in lieu thereof the code
reference 'W.Va. Code §22-5-1 et seq., as amended';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq.';
On page 1, subsection 1.5, by striking out the words '1.5
Type. This regulation is a legislative rule as defined in West
Virginia Code, Chapter 29A, Article 2';
Beginning on page 1, subdivision 2.1.a, and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'Director';
On page 2, subsection 2.3, by striking out the words 'the West
Virginia Administrative Regulations of the Air Pollution Control
Commission', and inserting in lieu thereof the words 'rules of the
Director';
On page 2, subsection 2.3, by striking out the words 'the Code
of West Virginia, of 1931', and inserting in lieu thereof the code
reference 'W.Va. Code §22-5-1 et seq.';
On page 2, subsection 2.6, by striking out the code reference
'Section Two of the West Virginia Code 16-20, as amended', and inserting in lieu thereof the code reference 'W.Va. Code §22-5-2';
On page 2, subsection 2.10, by striking out the code reference
'Chapter 16, Article 20, of the Code of West Virginia of 1931', and
inserting in lieu thereof the code reference 'W.Va. Code §22-5-1
et seq.';
On page 2, subsection 2.10, by striking out the code reference
'Chapter 20, Article 5E of the Code of West Virginia of 1931', and
inserting in lieu thereof the code reference 'W.Va. Code §22-18-1
et seq';
On page 3, subsection 2.15, by striking out the words 'that
Division of the Department of Commerce, Labor and Environmental
Resources', and inserting in lieu thereof the words 'the Division
of Environmental Protection';
On page 8, subsection 2.47, by striking out the code reference
'Chapter 16, Article 20, Section 2, of the Code of West Virginia,
1931', and inserting in lieu thereof the code reference 'W.Va. Code
§22-5-1 et seq';
On page 9, paragraph 4.1.a.2, by striking out the code
reference 'Chapter 16, Article 20, of the Code of West Virginia,
1931', and inserting in lieu thereof the code reference 'W.Va. Code
§22-5-1 et seq.';
On page 9, paragraph 4.1.a.4, by striking out the words
'Subparagraph 4.1.a.C', and inserting in lieu thereof the words
'paragraph 4.1.a.3';
On page 10, subdivision 6.1.a, by striking out the words
'Subparagraphs 4.1.a.C and D', and inserting in lieu thereof the
words 'paragraphs 4.1.a.3 and 4.1.a.4';
On page 10, paragraph 6.1.b.1, by striking out the words
'Subparagraphs 4.1.a.C and D', and inserting in lieu thereof the
words 'paragraphs 4.1.a.3 and 4.1.a.4';
On page 12, paragraph 8.2.d.1, by striking out the words
'Subparagraph 4.1.a.D', and inserting in lieu thereof the words
'paragraph 4.1.a.4';
On page 12, paragraph 8.2.d.2, by striking out the words
'Subparagraphs 4.1.a.C and 8.2.a.A', and inserting in lieu thereof
the words 'paragraphs 4.1.a.3 and 8.2.a.1';
And,
Beginning on page 13, subsection 9.3, and continuing
throughout the text of the rule, by striking out the code reference
'Chapter 16, Article 20, Section 5 (17) of the Code', and inserting
in lieu thereof the code reference 'W.Va. Code §22-5-4'."
(s) The legislative rule relating to the office of air quality
(good engineering practice as applicable to stack heights,
45 CSR 20), effective the fourteenth day of July, one thousand nine
hundred and eighty-nine, is reauthorized with the following
amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
Beginning on page 1, subsection 1.1, and continuing throughout the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 3, subdivision 2.6.a, by striking out the words 'APCC
Regulation XIV', and inserting in lieu thereof the words '45CSR14';
On page 3, subdivision 2.6.a, by striking out the words
'Regulation XVI', and inserting in lieu thereof the words
'45CSR16';
On page 4, subsection 2.8, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
On page 4, subsection 2.12, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
Beginning on page 3, paragraph 2.6.b.1, and continuing
throughout the text of the rule, by striking out the word
'Commission', and inserting in lieu thereof the word 'Director';
On page 3, subdivision 2.7.a, by striking out the words 'APCC
Regulation XV', and inserting in lieu thereof the words '45CSR15';
On page 4, subdivision 2.7.a, by striking out the words 'APCC
Regulation XVI', and inserting in lieu thereof the words '45CSR16';
On page 4, subsection 2.11, by striking out the code reference
'§16-20-2, 1931', and inserting in lieu thereof the code reference
'§22-5-2';
On page 4, subsection 2.14, by striking out the code reference '§16-20-2, 1931', and inserting in lieu thereof the code reference
'§22-5-1, et seq';
On page 4, subdivision 3.2.b, by striking out the words 'APCC
Regulation XIV', and inserting in lieu thereof the words '45CSR14';
On page 4, subsection 4.1, by striking out the words
'Sub-section 2.4.c.', and inserting in lieu thereof the words
'subdivision 2.4.c.';
On page 4, subsection 4.1, by striking out the words 'Section
2.4.b.A and B', and inserting in lieu thereof the words 'paragraphs
2.4.b.1 and 2.4.b.2';
On page 5, section 5, in the heading of the section, by
striking out the word 'Regulations', and inserting in lieu thereof
the word 'Rules';
And,
On page 5, subsection 5.1, by striking out the word 'rule'
immediately following the words 'provision, term, condition,
method,'."
(t) The legislative rule relating to the office of air quality
(air quality management fee program, 45 CSR 22), effective the
sixth day of May, one thousand nine hundred and ninety-one, is
reauthorized with the following amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words 'OFFICE OF' immediately preceding the words 'AIR QUALITY';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the words 'Air
Pollution Control Commission's', and inserting in lieu thereof the
word 'Director's';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1, et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20', and inserting in lieu thereof the code reference
'§22-5-2';
On page 1, subsection 2.3, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.5, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
Beginning on page 2, subdivision 3.3.a, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Air Pollution Control';
On page 3, subdivision 4.2.a, by striking out the words 'or
Commission';
On page 3, subdivision 4.2.b, by striking out the words 'or
Commission';
Beginning on page 1, subsection 2.4, and throughout the text
of the rule, by striking out the word 'Commission', and inserting
in lieu thereof the word 'Director';
On page 2, subsection 3.1, by striking out the words 'Permits
for Construction, Modification or Relocation of Stationary Sources
of Air Pollution and Procedures for Registration and Evaluation',
and insert in lieu thereof the words 'Permits for Construction,
Modification, Relocation and Operation of Stationary Sources of Air
Pollutants, Notification Requirements, Temporary Permits, General
Permits, and Procedures for Evaluation';
And,
On page 6, subsection 4.6, by striking out the code reference
'§16-20-8', and inserting in lieu thereof the code reference
'§22-5-6'."
(u) The legislative rule relating to the office of air quality
(to prevent and control the emissions of toxic air pollutants, 45
CSR 27), effective the thirtieth day of June, one thousand nine
hundred and ninety, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the word
'Regulation 27', and inserting in lieu thereof the reference '45CSR27';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq.';
On page 1, subsection 1.5, by striking out the words '1.5.
Type. This regulation is a legislative rule as defined in West
Virginia code, Chapter 29A, Article 2.';
On page 1, subsection 2.1, by striking out the code reference
'Section 2, of Chapter 16, Article 20 of the Code of West Virginia,
as amended', and inserting in lieu thereof the code reference
'W.Va. Code §22-5-2';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'regulation', and
inserting in lieu thereof the word 'rule';
On page 2, subsection 2.5, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.'; and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.6, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Division of Environmental Protection';
On page 2, subsection 2.6, by inserting the word 'or' between
the words 'Plant' and 'facility';
Beginning on page 4, subsection 8.1, and continuing throughout
the text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
On page 4, subsection 9.1, by striking out the code reference
'WV Code §16-20-11b, as amended' and inserting in lieu thereof the code reference 'W.Va. Code §22-5-11';
And,
On page 5, subsection 13.1, by striking out the words 'rule
or' immediately following the words 'provision, term, condition,
method,'."
(v) The legislative rule relating to the office of air quality
(rule requiring the submission of emission statements for volatile
organic compound emissions and oxides of nitrogen emissions,
45 CSR 29), effective the seventh day of July, one thousand nine
hundred and ninety-three, is reauthorized with the following
amendments:
"
Beginning on page 2, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately prior to the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the words 'chief of
Air Quality's', and inserting in lieu thereof the word
'Director's';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.7, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the Office of Air
Quality or his or her designated representative appointed by the director of the Division of Environmental Protection pursuant to
the provisions of W.Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 1, subsection 2.8, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 2, subsection 2.12, by striking out the words
'Department of Commerce, Labor and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 4, section 6, by striking out the words 'commission,
director, or chief', and inserting in lieu thereof the word
'Director';
Beginning on page 2, subsection 2.25, and continuing
throughout the text of the rule, by striking out the word
'commission', and inserting in lieu thereof the word 'Director';
Beginning on page 3, subsection 2.28, and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'Director';
On page 3, subsection 3.2, by striking out the words 'of Air
Quality';
And,
On page 4, subsection 5.4, by striking out the code reference
'§16-20-12', and inserting in lieu thereof the code reference
'§22-5-10'."
(w) The legislative rule relating to the office of air quality
(requirements for operating permits, 45 CSR 30), effective the twenty-seventh day of April, one thousand, nine hundred and
ninety-four, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.5, by striking out the code reference
'article twenty, chapter sixteen, of the W.Va. Code , as amended',
and inserting in lieu thereof the code reference 'W.Va. Code
§22-5-2';
On page 2, subsection 2.8, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the Office of Air
Quality or his or her designated representative appointed by the
director of the Division of Environmental Protection pursuant to
the provisions of W.Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 2, subsection 2.10, by striking out the words
'"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 24, subdivision 6.4.a.6, by striking out the words
'Commission rules', and inserting in lieu thereof the words 'rules of the Director';
Beginning on page 2, subdivision 2.6.j, and throughout the
text of the rule, by striking out the word 'Commission', and
inserting in lieu thereof the word 'Director';
Beginning on page 2, subsection 2.6.l, and continuing
throughout the text of the rule, by striking through the word
'Chief', and inserting in lieu thereof the word 'Director';
On page 2, subsection 2.13, by striking out the words
'Department of Commerce, Labor, and Environmental Resources', and
inserting in lieu thereof the words 'Division of Environmental
Protection';
On page 7, subdivision 2.34.a, by striking out the reference
'2.25.c.C', and inserting in lieu thereof the reference '2.26.c.3';
On page 8, subsection 2.44, by striking out the word
'trichloromethane', and inserting in lieu thereof the word
'trichloroethane';
On page 8, subdivision 2.44.d by striking out the code
reference '16-20-1', and inserting in lieu thereof the code
reference '22-5-1';
On page 12, subdivision 4.1.c, by striking out the code
reference '16-20-12', and inserting in lieu thereof the code
reference '22-5-10';
On page 12, paragraph 4.3.c.2, by striking out the words
'subparagraph 4.3.c.A. and inserting in lieu thereof the words
'paragraph 4.3.c.1', and by striking out the code reference
'16-20-1', and inserting in lieu thereof the code reference
'22-5-1';
On page 13, paragraph 4.3.c.8, by striking out the words
'subparagraphs 4.3.c.A through G', and inserting in lieu thereof
the reference 'paragraphs 4.3.c.1 through 4.3.c.7';
On page 13, subdivision 4.3.e, by striking out the code
reference '16-20-1', and inserting in lieu thereof the code
reference '22-5-1';
On page 13, subdivision 4.3.e, by striking out the code
reference '20-5E-1', and inserting the code reference '22-18-1';
On page 13, subdivision 4.3.g, by striking out the word
'paragraph' in two places and inserting in lieu thereof the word
'subdivision', and by striking out the reference '5.1.a.C', and
inserting in lieu thereof the reference 'paragraph 5.1.a.3';
On page 15, subparagraph 5.1.c.1.B, by striking out the
reference '5.1.c.C', and inserting in lieu thereof the reference
'5.1.c.3';
On page 15, subparagraph 5.1.c.1.B, by striking out the
reference '5.1.c.A', and inserting in lieu thereof the reference
'5.1.c.1';
On page 16, subparagraph 5.1.c.3.E, by striking out the code
reference '16-20-12', and inserting in lieu thereof the code
reference '22-5-10';
On page 21, paragraph 5.7.c.4, by striking out the words
'subpart 5.1.c.C.(c)(B)', and inserting in lieu thereof the words
'part 5.1.c.3.C.2';
On page 21, paragraph 5.7.c.4, by striking out the words 'part
5.1.c.D.(b)', and inserting in lieu thereof the reference
'subparagraph 5.1.c.3.B';
On page 25, subparagraph 6.5.a.1.B, by striking out the words
'part 6.5.a.A.(a)', and inserting in lieu thereof the words
'subparagraph 6.5.a.1.A';
On page 26, subparagraph 6.5.a.4.D, by striking out the
reference '6.5.a.D', and inserting in lieu thereof the reference
'6.5.a.4';
On page 26, paragraph 6.5.a.5, by striking out the reference
'6.5.a.D(a)', and inserting in lieu thereof the reference
'6.5.a.4.A';
On page 26, paragraph 6.5.a.5, by striking out the reference
'6.5.a.D.(c)', and inserting in lieu thereof the reference
'6.5.a.4.C';
On page 28, paragraph 6.8.a.3, by striking out the words
'subpart of 6.8.a.C.(a)', and inserting in lieu thereof the words
'part 6.8.a.3.A.3';
On page 28, paragraph 6.8.a.3, by striking out the reference
'part 6.8.a.C.(b)', and inserting in lieu thereof the reference
'subparagraph 6.8.a.3.B';
On page 29, part 6.8.a.4.A.5, by striking out the word
'paragraph' and inserting in lieu thereof the word 'subdivisions';
On page 29, subparagraph 6.8.a.4.B, by striking out the
reference 'part 6.8.a.D.(a)', and inserting in lieu thereof the
reference 'subparagraph 6.8.a.4.A';
On page 30, part 6.8.a.4.B.4, by striking out the words 'part
6.8.a.D.(a)', and inserting in lieu thereof the reference
'subparagraph 6.8.a.4.A';
On page 30, part 6.8.a.4.B.4, by striking out the words 'subparagraph 6.8.a.C', and inserting in lieu thereof the reference
'paragraph 6.8.a.3';
On page 30, subdivision 6.8.b, by striking out the words
'subparagraph 6.8.c.A', and inserting in lieu thereof the words
'paragraph 6.8.c.1';
On page 30, paragraph 6.8.c.2, by striking out the reference
'subparagraph 6.8.a.B', and inserting in lieu thereof the words
'paragraph 6.8.a.2';
On page 31, subdivision 6.9.a, by striking out the words
'subparagraph 6.8.a.C', and inserting in lieu thereof the words
'paragraph 6.8.a.3';
Beginning on page 34, subsection 8.6, and continuing
throughout the text of the rule, by striking out the code reference
'article twenty, chapter sixteen of the Code of West Virginia', and
inserting in lieu thereof the code reference 'W.Va. Code §22-5-1
et seq.';
On page 35, subsection 10.2, by striking out the words 'order
of the chief or, any';
On page 35, subsection 10.2, by striking out the code
reference '16-20-8', and inserting in lieu thereof the code
reference '22-5-6';
And,
On page 35, subsection 12.4, by striking out the words 'this
subparagraph 4.1.a.E.' and inserting in lieu thereof the words
'paragraph 4.1.a.5'."
(x) The legislative rule relating to the office of air quality
(serious and minor violations of applicable rules, 45 CSR 32), effective the seventh day of July, one thousand nine hundred and
ninety-three, is reauthorized with the following amendments:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
;
On page 1, in the title of the rule, by inserting the words
'OFFICE OF' immediately preceding the words 'AIR QUALITY';
On page 1, subsection 1.1, by striking out the words 'West
Virginia Air Pollution Control Commission', and inserting in lieu
thereof the words 'Director';
On page 1, subsection 1.2, by striking out the code reference
'§16-20-5', and inserting in lieu thereof the code reference
'§22-5-1 et seq';
On page 1, subsection 2.1, by striking out the code reference
'§16-20-1, et seq.', and inserting in lieu thereof the code
reference '§22-5-1, et seq';
On page 1, subsection 2.2, by striking out the words 'chief or
the commission', and inserting in lieu thereof the word 'Director';
On page 1, subsection 2.3, by striking out the words '"Chief
of Air Quality" or "Chief" means the chief of the office of Air
Quality or his or her designated representative appointed by the
director of the Division of Environmental Protection pursuant to
the provisions of W.Va. Code §22-1-1, et seq.', and inserting in
lieu thereof the words '[RESERVED]';
On page 1, subsection 2.4, by striking out the words '"Commission" means the West Virginia Air Pollution Control
Commission.', and inserting in lieu thereof the words '[RESERVED]';
On page 1, subsection 2.6, by striking out the words 'that
Division of the Department of Commerce, Labor, and Environmental
Resources as', and inserting in lieu thereof the words 'the
Division of Environmental Protection';
On page 1, subsection 2.7, by striking the words 'or
regulation';
Beginning on page 2, subdivision 3.1.a, and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'Director';
And,
Beginning on page 2, subdivision 3.1.b, and continuing
throughout the text of the rule, by striking out the word
'commission', and inserting in lieu thereof the word 'Director'."
(y) The legislative rule relating to the office of air quality
(provisions for determination of compliance with air quality
management rules, 45 CSR 38), effective the first day of May, one
thousand nine hundred ninety-five, is reauthorized with the
following amendment:
"
Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6)
."
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, by striking out the word
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§20-5A-5', and inserting
in lieu thereof '§22-11-8';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§22B-1-6', and inserting
in lieu thereof '§22-6-6';
On page 1, subsection 1.2, by striking out the code reference
'§20-5A-6a', and inserting in lieu thereof the code reference
'§22-11-10';
On page 1, subsection 2.2, by striking out the words 'Department of Commerce, Labor and Environmental Resource' and
inserting in lieu thereof the words 'Bureau of Environment';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the words '46 C.S.R.9' and
inserting in lieu thereof the words '47CSR13';
On page 1, subsections 2.3, 2.4, 2.5, 2.6 and 2.7, by striking
out the word 'paragraphs' and inserting in lieu thereof the word
'subdivisions';
On page 3, subdivision 3.4.a., by striking out the words '46
C.S.R. 2' and inserting in lieu thereof the words '46CSR10';
Beginning on page 3, subsection 4.2 and continuing throughout
the text of the rule, by striking out the code reference
'§22B-1-1', and inserting in lieu thereof the code reference
'§22-6-1';
On page 5, subdivisions 8.5.a. and 8.5.e., by striking out the
word 'Section' and inserting in lieu thereof the word 'subsection';
On page 5, subdivision 8.5.a., by striking out the reference
'4.5.3. and inserting in lieu thereof the words 'subdivision
4.5.c.';
On page 5, subdivision 8.5.b., by striking out the words
'Subsection 8.5.1' and insert in lieu thereof the words
'subdivision 8.5.a';
On page 5, subdivision 8.5.c., by striking out the words
'Subsection 8.5.1' and insert in lieu thereof the words
'subdivision 8.5.a.';
And,
On page 5, subdivision 8.5.e., by striking out the reference '7.5.3' and inserting in lieu thereof the words 'subdivision
7.5.c.';"
(b) The legislative rule relating to the division of
environmental protection, office of water resources (national
pollutant discharge elimination system (NPDES) program, 47 CSR 10),
effective the twenty-fifth day of August, one thousand nine hundred
ninety-three, is reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the
words 'WATER RESOURCES - WASTE MANAGEMENT' and inserting in lieu
thereof the words 'OFFICE OF WATER RESOURCES' on the fifth line;
On page 1, in the title of the rule, by
striking out the word
'ELIMIATION' and inserting in lieu thereof the word 'ELIMINATION';
Beginning on page 1, subsection 1.2, and continuing throughout
the rule where applicable, by striking the code reference '§20-5A'
and inserting in lieu thereof '§22-11';
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the word 'regulations' and
inserting in lieu thereof the word 'rule';
Beginning on page 1, first sentence in section 2, and
continuing throughout the text of rule, by striking out the words
'Chapter 20, Article 5A, Section 2 of the Code of West Virginia' and inserting in lieu thereof the words 'W.Va. Code §22-11-3';
On page 2, subdivision 2.12.b, by striking out the word
'worker' and inserting in lieu thereof the word 'work';
Beginning on page 5, subdivision 2.51, and continuing
throughout the text of the rule, by striking out the words 'West
Virginia Code, Chapter 20, Article 5A, Section 1', and inserting in
lieu thereof the words 'W.Va. Code §22-11-1';
On page 6, paragraph 3.2.D, by striking out the word
'operatings' and inserting in lieu thereof the word 'operations';
Beginning on page 7, subdivision 3.5.b, and continuing
throughout the text of the rule, by striking out the words 'these
rules' and inserting in lieu thereof the words 'this rule';
On page 7, subdivision 3.5.b, by striking out the word
'filing' in the third sentence, and inserting in lieu thereof the
words 'permit application';
On page 7, subdivision 3.5.b, by striking out the words 'West
Virginia legislative rules, State Water Resources Board Series 3,
Section 7,' and inserting in lieu thereof '47CSR26';
On page 8, subdivision 4.1.a, by striking out the words
'Series 3, Section 7' and inserting in lieu thereof the words
'47CSR26';
Beginning on page 9, subsection 4.3, by striking out the code
reference 'Chapter 20-5A-5(b)(6) of the State Act' and inserting in
lieu thereof 'W.Va. Code §22-11-8(b)(6)';
On page 9, paragraph 4.4.b.2, by striking out the word
'operatings' in the first sentence and inserting in lieu thereof
the word 'operations';
On page 11, part 4.4.b.7.B.1., by striking out the words
'chromotography/mass' and inserting in lieu thereof the words
'chromatography/mass';
On page 11, part 4.4.b.7.C.2., by striking out the word
'quantitataives' and inserting in lieu thereof the word
'quantitative';
On page 13, subsection 4.7, by striking out the words 'Series
III, Section 8' and inserting in lieu thereof the words '47CSR26';
On page 16, subsection 5.5, by striking out the words 'State
Health Department Regulations' and inserting in lieu thereof the
words 'State Division of Health Rules';
On page 17, subdivision 5.10.a., by striking out the word
'conduced' and inserting in lieu thereof the word 'conducted';
Beginning on page 18, paragraph 5.12.e.1, and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 18, paragraph 5.12.e.4, by striking out the words
'Series 3, Section 1 of the Board's rules' and inserting in lieu
thereof the words '47CSR11-1';
On page 24, subdivision 7.2.b (previously 7.2.c), by striking
'Section 2 and 3 of Series 3 of the Legislative Rules' and
inserting in lieu thereof 'the Division of Environmental
Protection's legislative rule, 47CSR10, sections 3 and 4';
On page 24, subsection 7.3, by striking out the words 'Series
1' and inserting in lieu thereof the words '46CSR1';
On page 28, part 9.2.b.3.A.2, by striking out the word 'withdraw' and inserting in lieu thereof the word 'withdrawn';
On page 29, paragraph 9.2.b.13, by striking out the word
'being' on first line and inserting in lieu thereof the word
'begin';
On page 30, paragraph 9.4.a.4, by striking out the word
'required' and inserting in lieu thereof the word 'requires';
Beginning on page 30, subdivision 9.4.b., and continuing
throughout the text of the rule, by striking out the words 'Section
8', and inserting in lieu thereof the words 'Section 12';
On page 32, subdivision 11.3.b, by striking out the word
'They' and inserting in lieu thereof the word 'The';
On page 33, paragraph 12.1.a.2., by striking out the word
'section' and inserting in lieu thereof the word 'action';
On page 34, subparagraph 12.1.c.1.C, by striking out the word
'Department' and inserting in lieu thereof the word 'Division';
On page 35, subsection 12.2, in the first sentence, by
striking out the word 'not' and inserting in lieu thereof the word
'no';
On page 36, subdivision 12.5.a, by striking out the word
'permits' and inserting in lieu thereof the word 'permit';
On page 43, paragraph 14.1.a.1, by striking out the word
'Farrenheit' and inserting in lieu thereof the word 'Fahrenheit';
On page 44, subsection 14.5, after the word 'Chief', by
striking out the word 'to' and inserting in lieu thereof the word
'for';
On page 45, subdivision 16.1.a., by striking out the words '7,
8, 10 and 12a' and inserting in lieu thereof the words '11, 12, 15, and 19';
On Page 45, subdivision 16.1.b., after the word 'Section', by
striking out the number '17' and inserting in lieu thereof the
number '22';
On Page 45, subdivision 16.1.c., after the word 'Section', by
striking out the number '19' and inserting in lieu thereof the
number '24';
On page 45, subsection 17.1, by striking out the words
'Chapter 20, Article 5, Section 3(b)' and inserting in lieu thereof
the words 'Chapter 22B, Article 1';
And,
On page 45, section 18, by striking out the words 'Series 3'
and inserting in lieu thereof the words '47CSR11'."
(c) The legislative rule relating to the division of
environmental protection, office of water resources (special rules,
47 CSR 11), effective the first day of July, one thousand nine
hundred eighty-seven, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the
words 'WATER RESOURCES - WASTE MANAGEMENT' on the fifth line and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
On page 1, subsection 1.1, by striking out the words 'Series
1 and 2 of the State Water Resources Board's Legislative Rules' and
inserting in lieu thereof the words '46CSR1 and 47CSR10';
Beginning on page 1, subsection 1.2, and continuing throughout
the text of the rule, by striking out the code reference '§20-5A'
and inserting in lieu thereof the code reference '§22-11 et seq';
Beginning on page 1, subsection 2.2, and continuing throughout
the text of the rule, by striking out the words 'State Water
Resources' and inserting in lieu thereof the words 'Environmental
Quality';
Beginning on page 1, subdivision 2.2.a, and continuing
throughout the text of the rule, by striking out the words
'Division of Water Resources' and inserting in lieu thereof the
words 'Office of Water Resources';
On page 2, subsection 2.4, by striking out the words 'section
nine, article five A, chapter twenty of the West Virginia Code
shall be punishable under section nine, article five-A, chapter
twenty of the West Virginia Code' and inserting in lieu thereof the
words 'W.Va. Code §22-11-14 shall be punishable under W.Va. Code
§22-11-24';
On page 3, subdivision 3.3.c, by striking out the words 'see
Section 8, Series 2' and inserting in lieu thereof the words 'See
46CSR1, section 8';
On page 3, section 4, by striking out the word 'care' and
inserting in lieu thereof the word 'car';
On page 5, subsection 6.6, by striking out the word 'of' and
inserting in lieu thereof the word 'or';
And,
On page 6, by striking out section 8 in its entirety, and
inserting in lieu thereof the words '(THIS SECTION IS SUPERSEDED BY
47CSR26)', and by renumbering the following section 9 as section
8."
(d) The legislative rule relating to the division of
environmental protection, office of water resources (underground
injection control, 47 CSR 13), effective the twenty-fifth day of
August, one thousand nine hundred ninety-three, is reauthorized
with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the
words '- WASTE MANAGEMENT' on the fifth line;
Beginning on page 1, in the Editor's Note, and continuing
throughout the text of the rule, by striking out the words 'Water
Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the words 'these regulations'
and inserting in lieu thereof the words 'this rule';
Beginning on page 1, subdivision 1.1.a., and continuing
throughout the text of the rule, by striking out the word 'regulations' and inserting in lieu thereof the word 'rule';
Beginning on page 1, paragraph 1.1.e.4., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with
the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 1, subsection 1.2, by striking the code reference
'§20-5A-3(b)(2)' and inserting in lieu thereof '§22-11-4(a)(16)';
On page 1, section 2, by striking out the code reference
'§20-5A-2' and inserting in lieu thereof the code reference
'§22-11-3';
On page 3, subsection 2.24, by striking out the word 'orifc'
and inserting in lieu thereof the word 'orifice';
On page 3, subsection 2.28, by striking out the words 'Title
47, Legislative Rules, Division of Natural Resources, Series 35'
and inserting in lieu thereof the words '33CSR20';
On page 3, subsection 2.30, by striking out the words 'Title
47, Legislative Rules, Division of Natural Resources, Series 35,
Hazardous Waste Management Regulations, Section 47-35-2.68' and
inserting in lieu thereof the words 'the Hazardous Waste Management
Rule, 33CSR20-2.68';
On page 4, subsection 2.51, by striking out the code reference
'§20-5A-1' and inserting in lieu thereof the code reference '§22-11-1';
On page 5, subdivision 2.58.c. , by striking out the word
'aquifier' and inserting in lieu thereof the word 'aquifer';
On page 7, subdivision 5.3.b., in the second paragraph, by
striking out the word 'multipled' and inserting in lieu thereof the
word 'multiplied';
On page 7, subdivision 5.3.b., in the second paragraph, by
striking out the word 'mulipled' and inserting in lieu thereof the
word 'multiplied';
On page 7, subdivision 5.3.b., after the last sentence in the
subdivision, by inserting the words '(See Table 13.5-A at end of
this rule)';
On page 8 subparagraph 5.3.b.2.D., by striking out the word
'infintesimal' and inserting in lieu thereof the word
'infinitesimal';
On page 9, subdivision 7.3.a., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources,
Series 35, Hazardous Waste Management Regulations, Section
47-35-4. (Chapter 20-5E)' and inserting in lieu thereof the words
'the Hazardous Waste Management Rule, 33CSR20-4 (W.Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.b., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources,
Series 35, Hazardous Waste Management Regulations, Section
47-35-8.2.2.(Chapter 20-5E)' and inserting in lieu thereof the
words 'the Hazardous Waste Management Rule, 33CSR20-8.22 (W.Va.
Code Chapter 22, Article 18)';
On page 9, subdivision 7.3.c., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5 (W.Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.d., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.3.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.3 (W.Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.e., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources,
Series 35, Hazardous Waste Management Regulations, Section
47-35-8.54.(Chapter 20-5E)' and inserting in lieu thereof the words
'the Hazardous Waste Management Rule, 33CSR20-8.5.4 (W.Va. Code
Chapter 22, Article 18)';
On page 9, subdivision 7.3.f., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.6.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.6 (W.Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.g., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.5.6. (Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.5.6 (W.Va. Code Chapter
22, Article 18)';
On page 9, subdivision 7.3.h., by striking out the words
'Title 47, Legislative Rules, Division of Natural Resources, Series
35, Hazardous Waste Management Regulations, Section 47-35-8.2.7.
(Chapter 20-5E)' and inserting in lieu thereof the words 'the
Hazardous Waste Management Rule, 33CSR20-8.2.7 (W.Va. Code Chapter
22, Article 18)';
On page 19, subparagraph 10.5.a.6.B., by striking out the word
'Qualitive' and inserting in lieu thereof the word 'Qualitative';
On page 20, subsection 11.2 and subdivisions 11.2.a. and
11.2.b., by striking out the second occurrence of subsection 11.2
and subdivisions 11.2.a. and 11.2.b., so as to the duplicated
language;
On page 20, paragraph 11.4.a.1., and on page 22, paragraph
13.2.d.3, by striking out the words 'Chapter 20-5E of the West
Virginia Code' and inserting in lieu thereof the words 'W.Va. Code
Chapter 22, Article 18';
On page 22, subdivision 13.1.f., by striking out the words
'Section 12a of the State Act' and inserting in lieu thereof the
words 'W.Va. Code §22-11-19';
On page 22, subparagraph 13.10.d.5.A., by striking out
the words '§20-5E-1' and inserting in lieu thereof the words
'§22-18-1';
On page 32, paragraph 13.13.l.6., by striking out the word
'reoccurance' and inserting in lieu thereof the word 'reoccurrence';
On page 37, paragraph 13.22.e.1., by striking out the word
'occured' and inserting in lieu thereof the word 'occurred',"
And,
At the end of the rule, by inserting a table, as follows:
TABLE 13-5A
where:
(e) The legislative rule relating to the division of
environmental protection, office of water resources (water
pollution control permit fee schedules, 47 CSR 26), effective the
first day of July, one thousand nine hundred ninety-three, is
reauthorized with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by inserting the words
'BUREAU OF ENVIRONMENT' on the third line, and by striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' on the fifth line and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
On page 1, subsection 1.1, by striking out the word 'Section'
and inserting in lieu thereof the word 'Office';
Beginning on page 1, subsection 1.1, and continuing throughout
the text of the rule, by striking out the code reference '20-5A-5'
and inserting in lieu thereof the code reference '22-11-8';
On page 1, subsection 1.2, by striking the code reference
'§20-5A-6a' and inserting in lieu thereof '§22-11-10';
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the words 'these regulations'
and inserting in lieu thereof the words 'this rule';
On page 1, subdivision 2.2.b, by striking out the words '46
C.S.R. 2 §4.4.b.3' and inserting in lieu thereof the words
'47CSR10, paragraph 4.4.b.3.';
On page 1, subsection 2.3, by striking out the words 'Section
of Water Resources of the Division of Natural Resources of the West
Virginia Department of Commerce, Labor and Environmental Resources'
and inserting in lieu thereof the words 'Office of Water Resources
of the Division of Environmental Protection of the West Virginia
Bureau of Environment';
Beginning on page 2, subsection 2.5, and continuing throughout
the text of the rule, by striking out the code reference '20-5A'
and inserting in lieu thereof the code reference '22-11';
On page 2, subsection 2.10, by striking out the words '46
C.S.R.2 §9.2.b' and inserting in lieu thereof the words '47CSR10,
subdivision 9.2.b';
On page 2, subsection 2.11, by striking out the words '46
C.S.R. 2 §9.2.a' and inserting in lieu thereof the words '47CSR10,
subdivision 9.2.a';
On page 3, subdivision 2.23.a and 2.23b, by striking out the
words '47 C.S.R. 35' in both instances and inserting in lieu
thereof the words '33CSR20';
On page 3, subsection 3.3, by striking out the words 'West
Virginia Division of Natural Resources' and inserting in lieu
thereof 'West Virginia Division of Environmental Protection, Office
of Water Resources';
On page 3, subdivision 3.4.a, by striking out the words '46
C.S.R. 2 §4.3' and inserting in lieu thereof the words '47CSR10,
subsection 4.3';
And,
"Beginning on page 6, subsection 4.4, and continuing
throughout the text of the rule, by striking out the words '47
C.S.R. 38' and inserting in lieu thereof the words '33CSR1'."
(f) The legislative rule relating to the division of
environmental protection, office of water resources (dam safety
rules, 47 CSR 34), effective the first day of May, one thousand
nine hundred ninety-five, is reauthorized with the following
amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 13, subparagraph 6.4.e.2.D., by striking out the words
'Building 9', and inserting in lieu thereof the words 'Cultural
Center';
On page 13, subparagraph 6.4.e.2.D., by inserting the word
'East' immediately following the words 'Kanawha Boulevard';
On page 14, part 7.1.b.1.A.1., by striking out the words
'Class 3 dams must be designed with either an open channel spillway
only or a combination of principal and emergency spillways. A
Class 3 dam shall be capable of passing that portion of the design
storm that cannot be safely stored in the impoundment. The design
of a Class 3 dam must assure that ninety percent (90%) of the
stored volume of the design storm will be discharged within ten
(10) days after the storm event.' and inserting in lieu thereof
the words 'Class 1 dams designed with either an open channel
spillway only or with an emergency spillway and a principal
spillway together must be capable of discharging that portion of
the design storm that cannot be safely stored in the impoundment.
Class 1 dams designed with a decant or principal spillway only must
be capable of storing the volume of water generated by a PMP
rainfall event of six (6) hours in duration. The design of a Class
1 dam must assure that ninety percent (90%) of the stored volume of
the design storm will be discharged within ten (10) days after the
storm event.';
On page 14, part 7.1.b.1.A.3., by striking out the words
'Class 1 dams designed with either an open channel spillway only or
with an emergency spillway and a principal spillway together must
be capable of discharging that portion of the design storm that cannot be safely stored in the impoundment. Class 1 dams designed
with a decant or principal spillway only must be capable of storing
the volume of water generated by a PMP rainfall event of six (6)
hours in duration. The design of a Class 1 dam must assure that
ninety percent (90%) of the stored volume of the design storm will
be discharged within ten (10) days after the storm event.' and
inserting in lieu thereof the words 'Class 3 dams must be designed
with either an open channel spillway only or a combination of
principal and emergency spillways. A Class 3 dam shall be capable
of passing that portion of the design storm that cannot be safely
stored in the impoundment. The design of a Class 3 dam must assure
that ninety percent (90%) of the stored volume of the design storm
will be discharged within ten (10) days after the storm event.';
On page 15, part 7.1.b.1.C.1., by striking out the words
'Class 3 and Class 4 Dams - Once in twenty-five (25) years.' and
inserting in lieu thereof the words 'Class 1 Dams - Once in one
hundred (100) years.';
On page 15, part 7.1.b.1.C.3., by striking out the words
'Class 1 Dams - Once in one hundred (100) years.' and inserting in
lieu thereof the words 'Class 3 and Class 4 Dams - Once in
twenty-five (25) years.';
On page 33, subsection 13.2., by inserting the words 'or her'
immediately following the word 'his';
On page 38, subsection 18.3., by striking out the words 'W.Va.
Code §22-14-17' and inserting in lieu thereof the words 'W.Va. Code
§22-14-7';
And,
On page 41, subdivision 19.5.a., by inserting the words
'Calculation -' immediately following the citation '19.5.a.'."
(g) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
protection act fee schedule, 47 CSR 55), effective the first day of
June, one thousand nine hundred ninety-four, is reauthorized with
the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§20-5M-1 et seq.', and
inserting in lieu thereof the code reference '§22-12-1 et seq.';
Beginning on page 1, and continuing throughout the text of the
rule, by striking out the code reference '§20-5M-9 subsection (a)'
and inserting in lieu thereof the code reference '§22-12-9(a)';
On page 1, subsection 1.5, by striking out the word 'Section'
and inserting in lieu thereof the word 'subsection';
On page 1, subsection 2.3, by striking out the words 'Solid
Waste Management Regulation 47 C.S.R. 38' and inserting in lieu thereof the words 'Solid Waste Management Rule 33CSR1';
On page 1, subsection 2.4, by striking out the words 'division
of environmental protection of the department of commerce, labor
and environmental resources' and inserting in lieu thereof the
words 'Division of Environmental Protection of the Bureau of
Environment';
On page 1, subsection 2.5, by striking out the code reference
'§20-5G-1 et seq.', and inserting in lieu thereof the words
'§22-19-1 et seq.';
On page 1, subsection 2.8, by striking out the code reference
'§20-5M-9(c)(1)' and inserting in lieu thereof the code reference
'§22-12-9(c)(1)';
On page 1, subsection 2.9, by striking out the words 'section
3.1.3' and inserting in lieu thereof the words 'subdivision 3.1.c',
and by striking out the word 'regulations' and inserting in lieu
thereof the word 'rule', and by striking out the words '47
C.S.R.35' and inserting in lieu thereof the words '33CSR20';
On page 2, subsection 2.11, by striking out the words 'Section
2.22' and inserting in lieu thereof the words 'subsection 2.24',
and by striking out the code reference '46 C.S.R. 2' and inserting
in lieu thereof the words '47CSR10';
On page 2, subsection 2.17, by striking the code reference
'§20-5F-2(k)' and inserting in lieu thereof '§22-15-2(27)';
On page 2, subdivision 3.3.a., by striking out the code
reference '§20-5M-10' and inserting in lieu thereof the code
reference '§22-12-10';
On page 3, paragraph 3.3.a.2., by striking out the words 'subsection 3.4.1' and inserting in lieu thereof the words
'subdivision 3.4.a.';
On page 3, subdivision 3.3.b., by striking out the words
'§20-5M-8(c) et seq.' and inserting in lieu thereof the words
'§22-12-8(c) et seq.';
On page 3, subsection 3.5., by striking out the words
'paragraph 3.5.3' and inserting in lieu thereof the words
'subdivision 3.5.c.';
On page 3, subdivision 3.5.f., by striking out the words
'§20-5F-5a' and inserting in lieu thereof the words '§22-15-11';
On page 3, subdivision 3.5.h., by striking out the code
reference '§22A-3-1 et seq.' and inserting in lieu thereof the code
reference '§22-3-1 et seq.', by striking out the code reference
'§20-5A-5(b)(6)' and inserting in lieu thereof the code reference
'§22-11-8(b)(6)', and by striking out the code reference '§22A-4-1
et seq' and inserting in lieu thereof the code reference '§22-4-1
et seq.';
On page 3, subdivision 3.5.i., by striking out the code
reference '§20-5A-5(b)(1 through 6)' and inserting in lieu thereof
the code reference '§22-11-8(b)(1 through 6)';
On page 3, subdivision 3.5.j., by striking out the code
reference '§20-5A-5(b)(1 through 6)' and inserting in lieu thereof
the code reference '§22-11-8(b)(1 through 6)', and by striking out
the words 'paragraphs 3.5.11, 3.5.12 or 3.5.13' and inserting in
lieu thereof the words 'subdivisions 3.5.k, 3.5.l, or 3.5.m';
And,
On page 4, subdivision 3.5.t., by striking out the words 'paragraphs 3.5.1 through 3.5.19' and inserting in lieu thereof the
words 'subdivisions 3.5.a. through 3.5.s.'."
(h) The legislative rule relating to the division of
environmental protection, office of water resources (assessment of
civil administrative penalties, 47 CSR 56), effective the first day
of June, one thousand nine hundred ninety-four, is reauthorized
with the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
Beginning on page 1, subsection 1.2, and continuing throughout
the text of the rule, by striking out the code reference '§20-5M-10
et seq.', and inserting in lieu thereof the code reference
'§22-12-10 et seq.';
On page 1, subsection 2.1, by striking out the code reference
'§20-5M-1 et seq.' and inserting in lieu thereof the code reference
'§22-12-1 et seq.';
On page 3, subsection 5.5, by striking out the words 'State
Water Resources Board', and inserting in lieu thereof the words
'Environmental Quality Board';
And,
On page 3, subsection 6.3, by striking out the word 'Section'
and inserting in lieu thereof the word 'subsection'."
(i) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
quality standard variances, 47 CSR 57), effective the first day of
June, one thousand nine hundred ninety-four, is reauthorized with
the following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DIVISION OF NATURAL RESOURCES' and inserting in lieu thereof the
words 'BUREAU OF ENVIRONMENT', by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'DIVISION OF ENVIRONMENTAL
PROTECTION', and by striking out the words 'WATER RESOURCES - WASTE
MANAGEMENT' and inserting in lieu thereof the words 'OFFICE OF
WATER RESOURCES';
Beginning on page 1, subsection 1.2, and continuing throughout
the text of the rule, by striking out the code reference '§20-5M-1
et seq.', and inserting in lieu thereof the code reference
'§22-12-1 et seq.';
On page 1, subsection 1.2, by striking out the code reference
'§20-5M-1 through 6', and inserting in lieu thereof the code reference '§§22-12-1 through 6';
On page 1, section 2.0, by striking out the code reference
'§20-5M-3' and inserting in lieu thereof the code reference
'§22-12-3';
Beginning on page 1, subsection 2.7, and continuing throughout
the text of the rule, by striking out the words 'Department of
Commerce, Labor and Environmental Resources' and inserting in lieu
thereof the words 'Bureau of Environment';
On page 2, subsection 2.10, by striking out the words 'State
Water Resources Board' and inserting in lieu thereof the words
'Environmental Quality Board';
On page 2, subsection 3.1, by striking out the words 'Article
3, Chapter 22A of the W.Va. Code or Article 5A, Chapter 20 of the
W.Va. Code', and inserting in lieu thereof the words 'W.Va. Code
§§22-3-1 et seq. or 22-11-1 et seq.';
On page 2, subsection 3.2, by striking out the words 'Chapter
22B of the W.Va. Code', and inserting in lieu thereof 'W.Va. Code
§22-6-1 et seq.';
On page 2, subsection 3.3, by striking out the words 'Article
4, Chapter 22A of the W.Va. Code', and inserting in lieu thereof
the words 'W.Va. Code §22-4-1 et seq.';
On page 2, subsection 4.2, by striking out the code reference
'§20-5M-4(b)' and inserting in lieu thereof the code reference
'§22-12-4(b)';
On page 3, subdivisions 5.2.a. through 5.2.g., on page 4,
subdivisions 6.2.a. through 6.2.k. and subdivisions 6.3.a. through
6.3.b., and on page 5, subdivisions 6.3.c. through 6.3.d. and subdivisions 6.7.a. through 6.7.d., by striking the first letter of
the beginning word in these subdivisions, and inserting the
appropriate capital letter for the word;
On page 5, subsection 6.6, and continuing throughout the text
of the rule, by striking out the words 'Water Resources Board' and
inserting in lieu thereof the words 'Environmental Quality Board';
And,
On page 5, subdivision 6.7.a., by striking out the
code reference '§20-5M-5(g)' and inserting in lieu thereof
'§22-12-5(g)'."
(j) The legislative rule relating to the division of
environmental protection, office of water resources (groundwater
protection rules, 47 CSR 58), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations' and inserting in lieu thereof the word 'rule';
On page 1, subsection 1.1, by striking out the words 'chapter
20-5M-1 et seq. of the West Virginia Code' and inserting in lieu
thereof the words 'W.Va. Code §22-12-1 et seq.';
On page 1, subsection 1.2, by striking out the words 'West
Virginia Code 20-5M-5(d)' and inserting in lieu thereof the words
'W.Va. Code §22-12-5(d)';
On page 1, subsection 2.3, by striking out the words
'Department of Commerce, Labor and Environmental Resources' and
inserting in lieu thereof the words 'Bureau of Environment', and by
inserting the words 'or her' immediately following the word 'him';
On page 2, in the note immediately following subdivision
4.3.b., by striking out the words '46 C.S.R. 3', and inserting in
lieu thereof the words '47CSR11';
On page 3, paragraph 4.6.c.1., by striking out the words
'20-5D-1' and inserting in lieu thereof the words '22-14-1', and by
striking out the words 'Articles (Chapter 20-5M and 20-5D)' and
inserting in lieu thereof the words 'Chapter 22, Article 12 and
Chapter 22, Article 14';
On page 6, subsection 5.1, in two occurrences, by striking out
the words 'Chapter 20, Article 5M', and inserting in lieu thereof
the words 'Chapter 22, Article 12';
On page 6, subsection 7.2, by striking out the words
'sections(s) 20-5M-5 (f) through (l) of the W.Va. Code', and
inserting in lieu thereof the words 'W.Va. Code §22-12-5 (f)
through (l)';
And,
On page 7, subsections 12.1 and 12.2, by striking out the
words 'Water Resources Board', and inserting in lieu thereof the
words 'Environmental Quality Board', and by striking out the words
'§20-5M-11' and inserting in lieu thereof the words '§22-12-11'."
(k) The legislative rule relating to the division of
environmental protection, office of water resources (monitoring
well rules, 47 CSR 59), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 1, in the title of the rule, by striking out the words
'DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES' and
inserting in lieu thereof the words 'BUREAU OF ENVIRONMENT', and by
striking out the words 'WATER RESOURCES - WASTE MANAGEMENT' and
inserting in lieu thereof the words 'OFFICE OF WATER RESOURCES';
On page 1, in the title, by striking out the word
'regulations' and inserting in lieu thereof the word 'rule';
On page 3, subsection 1.2, by striking out the code reference
'§20-5M-5(d)', and inserting in lieu thereof the code reference
'§22-12-5(d)';
And,
On page 3, subsection 7.5 and section 8, by striking out the
code reference '§20-5M-11' and inserting in lieu thereof the code reference '§22-12-11'."
"Beginning on page 1, and continuing throughout the text of
the rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47' and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '4' and
inserting in lieu thereof the series number '22';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT' and inserting in lieu thereof the words
'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, subsection 1.1., and continuing
throughout the text of the rule, by striking out the code reference
'§20-5E-16', and inserting in lieu thereof the code reference
'§22-18-17', and by striking out the code reference '§20-5F-6', and
inserting in lieu thereof the code reference '§22-15-15';
On page 1, subsection 2.1., by striking out the code reference '§20-5E-1', and inserting in lieu thereof the code reference
§22-18-1', and by striking out the code reference '§20-5F-1' and
inserting in lieu thereof the code reference '§22-15-1';
On page 1, subsection 2.4., by striking out the words 'Natural
Resources' and inserting in lieu thereof the words 'environmental
protection';
On page 1, subsection 2.4., by inserting the words 'or her'
immediately following the word 'his';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
On page 3, subsection 5.5., by striking out the words 'State
Water Resources Board', and inserting in lieu thereof the words
'environmental quality board';
Beginning on page 3, subsection 6.2., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof 'this rule';
And,
On page 4, subsections 6.5, 7.3. and 7.5, by striking out the
word 'Section', and inserting in lieu thereof the word
'subsection'."
(b) The legislative rule relating to the division of
environmental protection, office of waste management (groundwater
protection standard, 47 CSR 12), effective the twenty-fifth day of
April, one thousand nine hundred eighty-four, is reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '12', and
inserting in lieu thereof the series number '23';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1., by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';
On page 1, subsection 1.1., by striking out the words 'Section
2, Series 35, Department of Natural Resources Administrative
Regulations', and inserting in lieu thereof the words '33CSR20,
Section 2';
And,
On page 1, subsection 1.2., by striking out the code
references '20-5E and 5A' and inserting in lieu thereof the code
references 'Chapter 22, Articles 18 and 11'."
(c) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
hazardous waste management facility siting fees, 47 CSR 35A),
effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '35A', and
inserting in lieu thereof the series number '21';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1., by striking out the code reference
'§20-10-1', and inserting in lieu thereof the code reference
'§22C-5-1';
On page 1, subsection 1.2., by striking out the code reference
'§20-10-5(b)', and inserting in lieu thereof the code reference
'§22C-5-6(b)';
On page 1, subsection 2.1., by striking out the code reference
'§20-10-3', and inserting in lieu thereof the code reference
'§22C-5-4';
Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 C.S.R. 35', and inserting in lieu thereof the rule reference
'33CSR20';
Beginning on page 1, subsection 2.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';
On page 1, subsection 3.1., by striking out the code reference
'§20-10-5', and inserting in lieu thereof the code reference
'§22C-5-6'."
And,
On page 1, subsection 3.3., by striking out the word
'regulations' and inserting in lieu thereof the word 'rule'."
(d) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tanks, 47 CSR 36), effective the first day of July, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '36', and
inserting in lieu thereof the series number '30';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 5, subsection 4.6., by striking out the rule reference
'(46 C.S.R. 30)', and inserting in lieu thereof the rule reference
'(33CSR30)';
And,
On page 5, subsection 5.1., by striking out the rule reference
'(47 C.S.R. 37)', and inserting in lieu thereof the rule reference
'(33CSR31)', by striking out the rule reference '(47 C.S.R. 36
Section 4)', and inserting in lieu thereof the rule reference
'(33CSR30 §4)', and by striking out the rule reference '(47 C.S.R.
37A Section 5)', and inserting in lieu thereof the rule reference
'(33CSR32 §5)'."
(e) The legislative rule relating to the division of
environmental protection, office of waste management (underground
storage tank fee assessments, 47 CSR 37), effective the fourteenth
day of June, one thousand nine hundred ninety-three, is
reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '37', and
inserting in lieu thereof the series number '31';
On page 1, in the title, by striking out the words 'WATER
RESOURCES-WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
On page 1, subsection 1.1, by striking out the code reference
'W.Va. Code §§20-5H-20 and 20-5H-21' and inserting in lieu thereof
the code reference 'W.Va. Code §§22-17-20 and 22-17-21';
On page 1, subsection 1.2., by striking out the code reference
'W.Va. Code §20-5H-6', and inserting in lieu thereof the code
reference 'W.Va. Code §22-17-6';
Beginning on page 1, subsection 1.5., and continuing
throughout the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication of the state register or parts of the state register, 153 CSR 6);
On page 1, subsection 2.1., by striking out the code reference
'§20-5H', and inserting in lieu thereof the code reference
'§22-17-1';
On page 1, subsection 2.1., before the word means, by
inserting the word 'Act' in the definition;
On page 1, subsection 2.2., before the word means, by
inserting the word 'Change-In-Service' in the definition;
On page 1, subsection 2.3., before the word means, by
inserting the word 'Division' in the definition;
On page 1, subsection 2.4., before the word means, by
inserting the word 'Owner' in the definition;
On page 2, subsection 2.5., before the word means, by
inserting the word 'Person' in the definition;
On page 2, subsection 2.6., before the word means, by
inserting the word 'Permanent Closure' in the definition;
On page 2, subsection 2.7., before the word means, by
inserting the word 'Regulated Substance' in the definition;
On page 2, subsection 2.8., before the word means, by
inserting the word 'Underground Storage Tank or UST' in the
definition;
On page 2, subdivision 2.8.a., by striking out the word
'Farms', and inserting in lieu thereof the word 'Farm';
On page 2, subdivision 2.8.j., by striking out the words
'Section 2.8.1. through 2.8.9.' and inserting in lieu thereof the
words 'subdivisions 2.8.a. through 2.8.i.';
Beginning on page 3, subdivision 3.3.b., and continuing to subdivisions 3.3.c. and 5.1.a., and paragraphs 4.4.c.1, 5.1.b.1.
and 5.1.c.1, by striking out the word 'Sections' and inserting in
lieu thereof the word 'subsections';
On page 3, subdivision 4.4.c., by striking out the words '47
C.S.R. 36 §4', and inserting in lieu thereof the words '33CSR30
§4', and by striking out the words 'W.Va. Code §20-5H-8', and
inserting in lieu thereof the words 'W.Va. Code §22-17-8';
On page 4, subsection 4.5., by striking out the code
references '§§20-5H-15 and 20-5H-16', and inserting in lieu thereof
the code references '§§22-17-15 and 22-17-16';
On page 4, subsection 5.1., by striking out the code
references '§§20-5H-20 and 20-5H-21', and inserting in lieu thereof
the code references '§§22-17-20 and 22-17-21';
And,
On page 4, paragraph 5.1.c.2., by striking out the code
reference '§20-5H-20(a)', and inserting in lieu thereof the code
reference '§22-17-20(a)'."
(f) The legislative rule relating to the division of
environmental protection, office of waste management (solid waste
management rule, 47 CSR 38), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38', and
inserting in lieu thereof the series number '1';
Beginning on page 1, and continuing throughout the text of the
rule, by renumbering the text breakdown as necessary to conform
with the rule of the secretary of state relating to format
(standard size and format for rules and procedures for publication
of the state register or parts of the state register, 153 CSR 6);
Beginning on page 1, paragraph 1.1.a.4., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 1, subsection 1.5, and continuing throughout
the text of the rule, by striking out the rule reference '47CSR38',
and inserting in lieu thereof the rule reference '33CSR1';
Beginning on page 1, subsection 1.5, and continuing throughout
the rule, by striking out the words 'these regulations', and
inserting in lieu thereof the words 'this rule';
Beginning on page 9, subsection 2.88, and continuing
throughout section 2 of the rule, by correctly renumbering all
misnumbered subsections and subdivisions;
On page 50, subparagraph 3.13.k.1.F, by striking out the word
'data', and inserting in lieu thereof the word 'date';
Beginning on page 72, subsection 4.1, and continuing
throughout the text of the rule, by striking out the word 'sec.',
and inserting in lieu thereof the word 'seq.';
Beginning on page 111, paragraph 4.11.b.2., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director';
And,
Beginning on page 117, subsection 4.11.e, and continuing
throughout the text of the rule, by striking out the abbreviation
'WV', and inserting in lieu thereof the abbreviation 'W.Va."
(g) The legislative rule relating to the division of
environmental protection, office of waste management (commercial
solid waste landfill closure assistance program, 47 CSR 38C),
effective the first day of June, one thousand nine hundred
ninety-four, is reauthorized with the following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38C', and
inserting in lieu thereof the series number '40';
On page 1, subsection 1.1, by striking out the code reference '§20-5N-1 et seq.', and inserting in lieu thereof the code
reference '§22-16-1 et seq.';
On page 1, subsection 1.1, by striking out the words 'Article
5N' and inserting in lieu thereof the words 'Article 16.';
On page 1, subsection 1.2, by striking out the code reference
'§20-5N-8', and inserting in lieu thereof the code reference
'§22-16-13.';
Beginning on page 1, subsection 1.6, and continuing throughout
the text of the rule, by striking out the words 'these
regulations', and inserting in lieu thereof the words 'this rule',
and by striking out the word 'regulation' and inserting in lieu
thereof the word 'rule';
On page 1, subsection 2.2, by striking out the code references
'§§20-5N-3 and 10', and inserting in lieu thereof the code
references '§§22-16-3 and 15';
On page 2, subsection 2.3, by striking out the words 'of the
Department of Commerce, Labor and Environmental Protection';
On page 2, subsection 2.7, by inserting the subsection heading
'Incorporation of §22-15-2 Definitions.';
On page 2, subsection 2.7, by striking out the code reference
'§20-5F-2' and inserting in lieu thereof the code reference
'§22-15-2';
On page 2, subsection 3.1, by inserting the subsection heading
'Application Form.';
On page 2, subsection 3.2, by inserting the subsection heading
'Application Information.';
Beginning on page 2, subsection 3.2, and continuing throughout the text of the rule, by renumbering the text breakdown as
necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 3, paragraph 3.2.h.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 3, subparagraphs 3.2.e. and 3.2.f., by striking out
the abbreviation 'No.' and by inserting the word 'Number';
On page 4, paragraph 3.2.h.5., by striking out the code
reference '§20-5F-4(k)', and inserting in lieu thereof the code
reference '§22-15-5(j)';
On page 4, subsection 3.3, by inserting the subsection heading
'Application Review and Decision.';
On page 4, subsection 3.4, by inserting the subsection heading
'Application Resubmittal.';
On page 4, subsection 3.5, by inserting the subsection heading
'Application Deadlines.';
On page 4, subsection 3.5, by striking out the code reference
'§20-5F-6', and inserting in lieu thereof the code reference '§22-16-11';
On page 5, subsection 4.1, by inserting the subsection heading
'Valid Landfill Facility Permit Required.';
Beginning on page 5, subsection 4.1, and continuing throughout
the text of the rule, by striking out the code reference '§20-5F-1'
and inserting in lieu thereof the code reference '§22-15-1';
On page 5, subdivision 4.1.b, by striking out the code
reference '§20-5A-1', and inserting in lieu thereof the code
reference '§22-11-1';
On page 5, subdivision 4.2.b., by striking out the code
reference '§20-5F-1', and inserting in lieu thereof the code
reference '§22-15-1';
Beginning on page 5, subsection 4.2.b., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1';
On page 6, subdivision 4.4.a., by striking out the words
'Water Resources Board', and inserting in lieu thereof the words
'Environmental Quality Board';
On page 6, subdivision 4.5, by striking out the code reference
'§20-5N-4(a)', and inserting in lieu thereof the code reference
'§22-16-4';
Beginning on page 6, in paragraph 4.6.a.3., and continuing
throughout the text of the rule, by striking out the word 'Chief',
and inserting in lieu thereof the word 'director';
On page 7, subsection 4.7, by inserting the subsection heading
'Authority of the Director to Modify Permit.';
On page 7, subsection 4.8, by inserting the subsection heading
'Granting of Access to Facility To Director.';
On page 7, subsection 5.1, by inserting the subsection heading
'Authority of the Director to Establish Maintenance Contracts.';
On page 8, subsection 6.1, by inserting the subsection heading
'Performance of Post-Closure Activities.';
On page 8, subsection 7.1, by inserting the subsection heading
'Expenditure of Funds from the Closure Assistance Fund.';
On page 8, subsection 7.2, by inserting the subsection heading
'Assistance Contingent upon the Availability of Revenues.';
And,
On page 8, subsection 8.1, by inserting the subsection heading
'Priority for Final Assistance.'."
(h) The legislative rule relating to the division of
environmental protection, office of waste management (sewage sludge
management rules, 47 CSR 38D), effective the first day of May, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, on the line following the words
'DIVISION OF ENVIRONMENTAL PROTECTION', by inserting the words
'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38D', and
inserting in lieu thereof the series number '2';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';
Beginning on page 5, subdivision 3.2.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 6, subdivision 3.2.b., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
And,
On page 8, subdivision 4.1.e., and continuing throughout the
text of the rule, by striking out the rule reference '47 CSR 38',
and inserting in lieu thereof the rule reference '33CSR1'."
(i) The legislative rule relating to the division of
environmental protection, office of waste management (yard waste
composting rule, 47 CSR 38E), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and by inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38E', and
inserting in lieu thereof the series number 'E';
On page 1, §33-3-2, by striking out the code reference
'§20-5F-2', and inserting in lieu thereof the code reference
'22-15-2', and by striking out the rule reference '§47CSR38D' and
inserting in lieu thereof the rule reference '33CSR2';
Beginning on page 2, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'Chief', and
inserting in lieu thereof the word 'director';
Beginning on page 3, subdivision 3.1.a.,
and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 6, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1.';
Beginning on page 3, paragraph 3.1.a.2., and continuing
throughout the text of the rule, by striking out the word
'regulations', and inserting in lieu thereof the word 'rule';
On page 6, paragraph 3.4.c.3., after the semicolon, by
inserting word 'and';
And,
Beginning on page 7, subparagraph 3.4.c.4.C, and continuing
throughout the text of the rule, by striking out the word
'Division', and inserting in lieu thereof the words 'Division of
Environmental Protection'."
(j) The legislative rule relating to the division of
environmental protection, office of waste management (office of
waste management, 47 CSR 38F), effective the first day of June, one
thousand nine hundred ninety-four, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
Beginning on page 1, in the title, and continuing throughout the text of the rule, by striking out the series number '38F', and
inserting in lieu thereof the series number '4';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
And,
Beginning on page 2, subdivision 3.3.a., and continuing
throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6)."
(k) The legislative rule relating to the division of
environmental protection, office of waste management (waste tire
management rule, 47 CSR 38G), effective the second day of June, one
thousand nine hundred ninety-six, is reauthorized with the
following amendments:
"Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the title number '47', and
inserting in lieu thereof the title number '33';
On page 1, in the title, by striking out the words 'WATER
RESOURCES - WASTE MANAGEMENT', and inserting in lieu thereof the
words 'OFFICE OF WASTE MANAGEMENT';
Beginning on page 1, in the title, and continuing throughout
the text of the rule, by striking out the series number '38G', and
inserting in lieu thereof the series number '5';
Beginning on page 1, subdivision 1.1.a., and continuing throughout the text of the rule, by renumbering the text breakdown
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
Beginning on page 1, subdivision 1.1.c., and continuing
throughout the text of the rule, by striking out the words used to
describe the cross-references to sections, subsections,
subdivisions, paragraphs, subparagraphs, parts, subparts, items or
subitems, and inserting in lieu thereof the corresponding reference
as necessary to conform with the rule of the secretary of state
relating to format (standard size and format for rules and
procedures for publication of the state register or parts of the
state register, 153 CSR 6);
On page 1, §33-5-2 (former §47-38G-2), and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38', and inserting in lieu thereof the rule reference
'33CSR1';
Beginning on page 1, subsection 2.3, and continuing throughout
the text of the rule, by striking out the word 'regulations', and
inserting in lieu thereof the word 'rule';
Beginning on page 2, subsection 2.17, and continuing
throughout the text of the rule, by striking out the abbreviation
'WV', and inserting in lieu thereof the abbreviation 'W.Va.';
Beginning on page 3, subdivision 3.1.b., and continuing
throughout the text of the rule, by striking out the rule reference
'47 CSR 38G', and inserting in lieu thereof the words 'this rule';
And,
Beginning on page 3, subdivision 3.2.a., and continuing
throughout the text of the rule, by striking out the word 'chief',
and inserting in lieu thereof the word 'director'."
(a) The legislative rule filed in the State Register on August
21, 2008, authorized under the authority of section five, article
two, chapter six-b of this code, modified by the Ethics Commission
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on November 26, 2008,
relating to the Ethics Commission (purchase, sale or lease of
personal property, 158 CSR 3), is authorized.
The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section nine-a, article four, 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 fifth day of December, two
thousand seven, relating to the Solid Waste Management Board
(performance measures and review standards for solid waste
authorities operating commercial solid waste facilities, 54 CSR 6),
is authorized.
(a) The Legislature declares that mercury is highly toxic,
persistent and bioaccumulates in the food chain and is transported
through the atmosphere and deposits on land and water bodies, and
according to the Environmental Protection Agency, other serious
human health risks, known and unknown, may result from human
exposure of mercury in any amount. Emissions from electric utility
coal fired steam generating units and other industrial activities
cause significant discharges of mercury in West Virginia,
therefore, it is appropriate to closely monitor these activities
and study this pollutant.
(a) Department of Environmental Protection's Office of Oil and
Gas's Legislative Rule 35CSR3, [Coalbed Methane Wells] authorized
pursuant to section one of this article, addresses the new
technology of horizontal drilling of coalbed methane, the process
of drilling along coal seams to increase production of a single
coalbed methane well. However, the Legislature finds, because of
the newness of the technology and drilling methods, further review
and study is required to consider and address any potential adverse
environmental impacts from coalbed methane wells. The Office of
Oil and Gas is directed to conduct a study of this new process as
follows:
The legislative rule filed in the State Register on August 28,
2008, authorized under the authority of section ten, article two-b,
chapter seventeen-b, of this code, modified by the Division of
Rehabilitation Services to meet the objections of the legislative
rule-making review committee and refiled in the State Register on
January 21, 2009, relating to the Division of Rehabilitation
Services (low vision driver training program, 130 CSR 3), is
authorized.
(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section three, article ten-a, chapter eighteen of this
code relating to authorizing the Division of Rehabilitation
Services (case services, 130 CSR 1) is authorized.
The legislative rule filed in the State Register on August 4,
2009, authorized under the authority of section three-a, article
five-b, chapter fifteen of this code, relating to the Division of
Homeland Security and Emergency Management (industrial accident
rapid response, 170 CSR 2), is authorized, with the following
amendments:
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter fifteen of this
code, modified by the State Police to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-third day of October, two thousand six,
relating to the State Police (West Virginia DNA Data Bank, 81 CSR
9) is authorized.
The legislative rule filed in the state register on the
thirteenth day of May, two thousand ten, authorized under the
authority of section six, article eighteen, chapter twenty-nine, of
this code, relating to the Department of Transportation - State
Rail Authority (valuation of used rolling stock and equipment, 172
CSR 2), is authorized.
August 29, 1997 May 10, 2004; 2CFR Part 225: Circular
No. A-87, "Cost Principles for State, Local, and Indian Tribal
Governments" as amended August 29, 1997 August 31, 2005; and
Circular A-110, "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and
other Non-Profit Organizations" as amended August 29, 1997
September 30, 1999.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of June, two thousand seven, authorized under
the authority of section ten, article thirty-two, chapter thirty of
this code, modified by the Board of Examiners for Speech-Language
Pathology and Audiology 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 seven, relating to the
Board of Examiners for Speech-Language Pathology and Audiology
(licensure of speech-pathology and audiology, 29 CSR 1), is
authorized with the following amendments:
1.1. Scope. - This legislative rule establishes standards of conduct speech-language pathologist or audiologist in the State of
West Virginia.
2.1. Any action that violates the spirit and purpose of this
Code shall be considered unethical. Failure to specify any
particular responsibility or practice in this Code of Ethics shall
not be construed as denial of the existence of such
responsibilities or practices.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article ten, chapter thirty of this
code, modified by the Board of Veterinary Medicine to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourth day of January, two
thousand eight, relating to the Board of Veterinary Medicine (the
registration of veterinary technicians, 26 CSR 3), is authorized.
(a) The legislative rule filed in the state register on the
first day of July, one thousand nine hundred ninety-three,
authorized under the authority of section two, article six, chapter
twenty-two of this code, relating to the division of environmental
protection (abandoned wells, 38 CSR 22, renumbered as 35 CSR 6), is
authorized with the following amendments:
(a) The legislative rule relating to the division of
environmental protection, office of water resources (underground
injection control fee schedule, 47 CSR 9), effective the first day
of June, one thousand nine hundred ninety-four, is reauthorized
with the following amendments:
Zone of Endangering Influence
(a) The legislative rule relating to the division of
environmental protection, office of waste management (assessment
of civil administrative penalties, 47 CSR 4), effective the
twenty-second day of April, one thousand nine hundred ninety-one,
is reauthorized with the following amendments:
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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