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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 64 Printer Friendly Versions
Chapter 64  |  Article 64 - 3
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64 - 3 - ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

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

     (a) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section twenty-nine, article fifteen-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 13, 2012, relating to the Department of Environmental Protection (covered electronic devices recycling, 33 CSR 12), is authorized with the following amendment:

     On page two, paragraph 4.1.b.1., by striking out all of paragraph 4.1.b.1. and inserting in lieu thereof a new paragraph 4.1.b.1., to read as follows:

     4.1.b.1. Within one year after the effective date of this rule, receiving, storage, operations and shipping areas must be under a roof or in an enclosed area sufficient to prevent stormwater contamination.

     (b) The legislative rule filed in the State Register on August 24, 2012, authorized under the authority of section seventeen, article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (hazardous waste administrative proceedings and civil penalty assessment, 33 CSR 27), is authorized.

     (c) The legislative rule filed in the State Register on September 4, 2012, authorized under the authority of section six, article six-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on February 14, 2013, relating to the Department of Environmental Protection (horizontal well development, 35 CSR 8), is authorized with the following amendments:

     On page two, after subsection 2.12., by inserting a new subsection 2.13. to read as follows:

     2.13. "Health care professional" means a physician, physician assistant, nurse practitioner, registered nurse, or emergency medical technician licensed by the State of West Virginia.

     And renumbering the remaining subsections;

     And,

     On page 10, Section 5.6.e., line 1 and 2, by deleting the sentence that reads, "A copy of the approved Water Management Plan shall be available upon request." and inserting in lieu thereof the following:

     "Signage shall be posted at each water withdraw site that provides how to obtain the Water Management Plan, the phone number of the company conducting the withdraw, the Office's web site name and phone number, and the permit number."

     And,

     On page 10, subsection 5.7.a, line 5, following the words "is sought," by inserting the words "the anticipated MSDS Sheets, and"

     And,

     On page 10, subsection 5.7.1, line 12, following the words "emergency services." by inserting the following:

     "The operator shall also provide the Well Site Safety Plan to the surface owner and any water purveyor or surface owner subject to notice and water testing as provided in subsection 15 of this rule.

     And,

     On page 19, Section 9.1.b.2, line 3, following the words "will be utilized" by striking out the period and inserting a comma and the following:

     "and the telephone number for the Department of Environmental Protection."

     And,

     On pages 23 and 24, by striking out all of subsection 10.1. and inserting in lieu thereof a new subsection 10.1. to read as follows:

     10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and plans required by section 5 of this rule. The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of all casing operations. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, "Well Operator's Report of Well Work", Form WR-36, "Well Operator's Report of Initial Gas-Oil Ratio Test", and Form WR-38, "Affidavit of Plugging and Filling Well", but these forms shall reflect information discovered or changes made after the permitted well work has been finished and before the reports are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines or other voids, whether the freshwater casing cement circulated to the surface, and the efforts made to fill the annular space and the results. Unless the records of well work performed are prepared by the well operator or owner, a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service provider, drilling contractor or other contractor, as appropriate) designates as a confidential trade secret.

     10.1.a. As part of the well completion report (Form WR-35), the operator or its service provider shall list all the additives used in the hydraulic fracturing or stimulation process, including each additive's specific trade name, supplier, and purpose. The operator or its service provider shall also list each chemical of each additive intentionally added to a base fluid for the purpose of preparing a fracturing fluid, along with each chemical's CAS registry number, if applicable, its maximum concentration in the additive, and its maximum concentration as added to the base fluid, and the volume of the base fluid used. The concentrations shall be expressed as a mass percent. The operator or service provider may designate the information regarding the specific identity or concentration or both of a chemical as a confidential trade secret not to be disclosed to the agency or anyone else except in the event of an investigation by the office, medical emergency, or for diagnostic or treatment purposes involving the designated chemical, pursuant to subdivisions 10.1.d. and 10.1.e. below.

     10.1.b. The operator or service provider shall fulfill the additive reporting requirement of subdivision 10.1.a. above by submitting the information to the office and the FracFocus Chemical Disclosure Registry.

     10.1.c. As part of the well completion report (Form WR-35), the operator shall report the volumes of fluids pumped and treatment pressures recorded throughout the hydraulic fracturing process.

     10.1.d. In the event of an investigation by the office involving a chemical designated as a confidential trade secret, the operator or service provider shall provide the specific identity of the chemical, the concentration of the chemical, or both the specific identity and concentration of the chemical, as needed, to the agency upon receipt of notification from the chief or his or her designee stating that such information is necessary in connection with an investigation by the office. Upon receipt of such notification of need, such information shall be disclosed by the operator or service provider, as applicable, directly to the chief or his or her designee and shall in no way be construed as publicly available. The chief or designee may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a confidential trade secret to additional agency staff members to the extent that such disclosure is necessary to allow the agency staff member receiving the information to assist in such an investigation by the office, provided that such individuals shall not disseminate the information further and such information shall at all times be considered confidential and shall not be construed as publicly available. Upon request by the operator or service provider, and where a notification of need is provided orally, the chief shall execute a written statement of need indicating that the information was necessary in connection with an investigation by the office.

     10.1.e. The operator or service provider shall provide the specific identity of a chemical designated as a confidential trade secret, the concentration of the chemical designated as a confidential trade secret, or both the specific identity and concentration of the chemical designated as a confidential trade secret, as needed, upon request to a health care professional in a medical emergency, or for diagnostic or treatment purposes. The health care professional shall only use the information provided by the operator or service provider for diagnosis or treatment of an individual, and the operator or service provider may provide notice to the health care professional at the time of release of the information, that the information provided is solely for diagnosis or treatment of the individual, that the information may be a trade secret, and disclosure to others for any other purpose may subject that health care professional to a legal action by the operator or service provider for violating its trade secret."

     And,

     On page 30, by striking out all of subsection 13.5."

     (d) The legislative rule filed in the State Register on August 15, 2012, 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 August 14, 2012, 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 August 15, 2012, 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 August 15, 2012, 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.

     (h) The legislative rule filed in the State Register on August 15, 2012, 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.

     (i) The legislative rule filed in the State Register on August 15, 2012, 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.

     (j) The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section ten, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (water pollution control permit fee schedules, 47 CSR 26), is authorized.

     (k) The legislative rule filed in the State Register on August 28, 2012, authorized under the authority of section four, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (WV/NPDES regulations for coal mining facilities, 47 CSR 30), is authorized. WVC 64 - 3 - 2 §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.

WVC 64 - 3 - 3 §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.

WVC 64 - 3 - 4 §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.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§64 - 3 - 1 - (Amended Code)
SENATE BILL - 133
PASSED - Regular Session

SB133 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing DEP promulgate legislative rules
§64 - 10 - 1 - (Amended Code)
§64 - 10 - 2 - (Amended Code)
§64 - 10 - 3 - (Amended Code)
SENATE BILL - 140
PASSED - Regular Session

SB140 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Commerce promulgate legislative rules
§64 - 5 - 1 - (Amended Code)
§64 - 5 - 2 - (Amended Code)
§64 - 5 - 3 - (Amended Code)
§64 - 5 - 4 - (Amended Code)
SENATE BILL - 155
PASSED - Regular Session

SB155 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing DHHR promulgate legislative rules
§64 - 8 - 1 - (Amended Code)
§64 - 8 - 2 - (Amended Code)
SENATE BILL - 165
PASSED - Regular Session

SB165 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Transportation promulgate legislative rules
§64 - 7 - 1 - (Amended Code)
§64 - 7 - 2 - (Amended Code)
§64 - 7 - 3 - (Amended Code)
§64 - 7 - 4 - (Amended Code)
SENATE BILL - 167
PASSED - Regular Session

SB167 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Revenue promulgate legislative rules
§64 - 2 - 1 - (Amended Code)
§64 - 2 - 2 - (Amended Code)
SENATE BILL - 181
PASSED - Regular Session

SB181 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Administration promulgate legislative rules
§64 - 4 - 1 - (Amended Code)
SENATE BILL - 196
PASSED - Regular Session

SB196 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board
§64 - 9 - 1 - (Amended Code)
§64 - 9 - 2 - (Amended Code)
§64 - 9 - 3 - (Amended Code)
§64 - 9 - 4 - (Amended Code)
§64 - 9 - 5 - (Amended Code)
§64 - 9 - 6 - (Amended Code)
§64 - 9 - 7 - (Amended Code)
§64 - 9 - 8 - (Amended Code)
§64 - 9 - 9 - (Amended Code)
§64 - 9 - 10 - (Amended Code)
§64 - 9 - 11 - (Amended Code)
§64 - 9 - 12 - (Amended Code)
§64 - 9 - 13 - (Amended Code)
§64 - 9 - 14 - (Amended Code)
§64 - 9 - 15 - (Amended Code)
§64 - 9 - 16 - (Amended Code)
§64 - 9 - 17 - (Amended Code)
HOUSE BILL - 4039
PASSED - Regular Session

HB4039 SUB ENR  (Uploaded - 03/25/2014)
Authorizing miscellaneous boards and agencies to promulgate legislative rules
§64 - 6 - 1 - (Amended Code)
§64 - 6 - 2 - (Amended Code)
§64 - 6 - 3 - (Amended Code)
§64 - 6 - 4 - (Amended Code)
HOUSE BILL - 4067
PASSED - Regular Session

HB4067 SUB ENR  (Uploaded - 03/25/2014)
Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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