SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Enrolled Version - Final Version Senate Bill 273 History

OTHER VERSIONS  -  Introduced Version  |  Committee Substitute (1)  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 273

(Senators Minard, Snyder, Prezioso,

Unger, Boley and K. Facemyer, original sponsors)

__________

[Passed March 13, 2010; in effect from passage.]

__________



AN ACT to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state ; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the covered electronic devices takeback program ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to acid rain provisions and permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program ; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing groundwater standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring wells; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to oil and- gas wells and other wells.

Be it enacted by the Legislature of West Virginia:

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

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

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

(a) The legislative rule filed in the State Register on July 30, 2009, authorized under the authority of section five, article fifteen, 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 11, 2009, 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 April 9, 2009, authorized under the authority of section twenty-nine, article fifteen-a, chapter twenty-two of this code, relating to the Department of Environmental Protection (Covered Electronic Devices Takeback Program, 33 CSR 11), is authorized.

(c) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section six, article eighteen, 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 14, 2009, relating to the Department of Environmental Protection (Hazardous Waste Management Systems, 33 CSR 20), is authorized.
(d) The legislative rule filed in the State Register on July 28, 2009, 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.

(e) The legislative rule filed in the State Register on July 28, 2009, authorized under the authority of section four, article five, 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 14, 2009, relating to the Department of Environmental Protection (Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration, 45 CSR 14), is authorized.

(f) The legislative rule filed in the State Register on July 28, 2009, 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.

(g) The legislative rule filed in the State Register on July 28, 2009, 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 of Air Pollution Which Cause or Contribute to Nonattainment, 45 CSR 19), is authorized.

(h) The legislative rule filed in the State Register on July 28, 2009, 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 July 28, 2009, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (Acid Rain Provisions and Permits, 45 CSR 33), is authorized.

(j) The legislative rule filed in the State Register on July 28, 2009, 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 30, 2009, authorized under the authority of section four, article eleven, 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 September 17, 2009, relating to the Department of Environmental Protection (National Pollutant Discharge Elimination System (NPDES) Program, 47 CSR 10), is authorized.

(l) The legislative rule filed in the State Register on July 30, 2009, authorized under the authority of section four, article twelve, 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 September 18, 2009, relating to the Department of Environmental Protection (Requirements Governing Ground Water Standards, 47 CSR 12), is authorized with the following amendment:

On pages three through five by striking out all of Appendix A and inserting in lieu thereof a new Appendix A to read as follows:

APPENDIX A

Organic Compounds


Constituent Limit (mg/L)
(except where noted)
Alachlor 0.002
Aldicarb 0.003
Aldicarb sulfone 0.002
Aldicarb sulfoxide 0.004
Atrazine 0.003
Benzene 0.005
Benzo (a) pyrene (PAH) 0.0002
Bromodichloromethane (THM) 1 0.08
Bromoform (THM) 1 0.08
Carbofuran 0.04
Carbon tetrachloride 0.005
Chlordane 0.002
Chloroform (THM) 1 0.08
2, 4-D 0.07
Dalapon 0.2
Di(2-ethylhexyl)adipate 0.4
Di(2-ethylhexyl)phthalate 0.006
Dibromochloromethane (THM) 1 0.08
Dibromochloropropane (DBCP) 0.0002
Dichloroacetic acid 0.06
Dichlorobenzene p- 0.075
Dichlorobenzene o- 0.6
Dichlorobenzene m- 0.6
Dichloroethane (1, 2) 0.005
Dichloroethylene (1, 1-) 0.007
Dichloroethylene (cis-1, 2-) 0.07
Dichloroethylene (trans-1, 2-) 0.1
Dichloromethane 0.005
Dichloropropane (1, 2-) 0.005
Dinoseb 0.007
Diquat 0.02
Endothall 0.1
Endrin 0.002
Ethylbenzene 0.7
Ethylene dibromide (EDB 0.00005
Glyphosate 0.7
Heptachlor 0.0004
Heptachlor epoxide 0.0002
Hexachlorobenzene 0.001
Hexachlorocyclopentadiene 0.05
Lindane 0.0002
Methoxychlor 0.04
Monochloroacetic acid 2 0.06
Monochlorobenzene 0.1
Oxamyl (Vydate) 0.2
Pentachlorophenol 0.001
Picloram 0.5
Polychlorinated biphenyls 0.0005
Simazine 0.004
Styrene 0.1
2, 3, 7, 8-TCDD (Dioxin) 0.00000003
Tetrachlorethylene 0.005
Toluene 1.0
Toxaphene 0.003
2, 4, 5-TP (Silvex) 0.05
Trichloroacetic acid 2 0.06
Trichlorobenzene (1, 2, 4-) 0.07
Trichloroethane (1, 1, 1-) 0.2
Trichloroethane (1, 1, 2-) 0.005
Trichloroethylene 0.005
Vinyl Chloride 0.002
Xylenes (Total) 10
Inorganic Compounds


Constituent Limit (mg/L)
(except where noted)
Arsenic 0.01
Asbestos 7 MFL 3
Barium 2.0
Beryllium 0.004
Bromate 0.01
Cadmium 0.005
Chloramine 4.0
Chlorine 4.0
Chlorine dioxide 0.8
Chlorite 1.0
Chromium (Total) 0.1
Copper 1.3
Cyanide 0.2
Fluoride 4.0
Lead 0.015
Mercury (Inorganic) 0.002
Nitrate (as N) 10
Nitrite (as N) 1.0
Total Nitrate and Nitrite (both as N) 10
Selenium 0.05
Thallium 0.002

Radionuclides


Beta particle and photon activity 4 mrem 4
Gross alpha particle activity 15 pCi/L 5
Combined Radium 226 and 228 5 pCi/L
Radon 300 pCi/L
Uranium 30 ,g/L 6

1-The total of the trihalomethanes (THM) is 0.08 mg/L
2-The total of the haloacetic acids is 0.06 mg/L
3 - MFL = million fibers per liter
4 - mrem = millirem (rem = roentgen - equivalent - man)
5 - pCi = picocurie
6 - ug/L = microgram per liter


(m) The legislative rule filed in the State Register on July 30, 2009, authorized under the authority of section ten, article eleven, 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 September 17, 2009, relating to the Department of Environmental Protection (Water Pollution Control Permit Fee Schedules, 47 CSR 26), is authorized.
(n) The legislative rule filed in the State Register on July 31, 2009, authorized under the authority of section four, article eleven, 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 September 17, 2009, relating to the Department of Environmental Protection (WV/NPDES Rules for Coal Mining Facilities, 47 CSR 30), is authorized with the following amendments:
On page ten, subparagraph 4.5.a.6.L., by striking out the words "Licensed Land" and inserting in lieu there of the word "Professional";
And,
On page fourteen, part 4.5.d.1.A.11., by striking out the words "Licensed Land" and inserting in lieu there of the word "Professional".

(o) The legislative rule filed in the State Register on July 27, 2009, authorized under the authority of section five, article twelve, 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 16, 2009, relating to the Department of Environmental Protection (Monitoring Wells, 47 CSR 59), is authorized.
(p) The legislative rule filed in the State Register on July 27, 2009, authorized under the authority of section five, article twelve, 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 16, 2009, relating to the Department of Environmental Protection (Monitoring Well Design Standards, 47 CSR 60), is authorized
with the following amendment:
On page seventeen, subdivision 19.3.a., after the words "eighty percent (80%)" by inserting the word "silica".
(q) The legislative rule filed in the state register on the twenty-first day of April, two thousand nine, authorized under the authority of section two, article six, 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 the fifteenth day of January, two thousand ten, relating to the Department of Environmental Protection (oil and gas wells and other wells, 35 CSR 4), is authorized with the following amendment:
On page twenty-five, subdivision 16.4.d., by striking out the words "authorized by the Office, based on soil analysis from the operator, to be suitable to prevent seepage or leakage" and inserting in lieu thereof the words "deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office. Before deeming pits suitable to prevent seepage or leakage without a synthetic liner, the chief shall notify the surface owner that the surface owner is entitled to receive notice of the application for the well work permit and that the operator has requested that the pit be deemed suitable to prevent seepage or leakage without a synthetic liner. If the surface owner objects, the chief shall hold a hearing pursuant to article five, chapter twenty-nine-A of the Code of West Virginia before determining that the pit is suitable to prevent seepage or leakage.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print