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1 - GENERAL LEGISLATIVE AUTHORIZATI

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2 - AUTHORIZATION FOR DEPARTMENT OF

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4 - AUTHORIZATION FOR DEPARTMENT OF

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5 - AUTHORIZATION FOR DEPARTMENT OF

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6 - AUTHORIZATION FOR DEPARTMENT OF

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7 - AUTHORIZATION FOR DEPARTMENT OF

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8 - AUTHORIZATION FOR DEPARTMENT OF

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9 - AUTHORIZATION FOR MISCELLANEOUS

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10 - AUTHORIZATION FOR BUREAU OF C

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11 - TECHNICAL CORRECTIONS TO THE

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CHAPTER 64. LEGISLATIVE RULES.
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

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

     (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". §64-3-2. Solid Waste Management Board.
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.

§64-3-3. Directing further study of 45CSR37.
(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.

(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.

§64-3-4. Directing further study of 35CSR3.
(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:

(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.