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ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 373
(Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer, original sponsors)
__________
[Passed March 6, 2008; 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 various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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 as amended by the Legislature;
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; repealing certain
legislative rules; authorizing the Department of Environmental
Protection to promulgate legislative rules relating to
emission standards for hazardous air pollutants
; 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 repeal a legislative rule relating
to the ambient air quality standard for nitrogen dioxide;
authorizing the Department of Environmental Protection to
repeal a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from combustion of solid waste; authorizing the
Department of Environmental Protection to repeal a legislative
rule relating to the prevention and control of emissions from
hospital/medical/infectious waste incinerators;
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 the control of
annual nitrogen oxides emissions
; authorizing the Department
of Environmental Protection to promulgate a legislative rule relating to the control of ozone season nitrogen oxides
emissions
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
control of annual sulfur dioxide emissions
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule
relating to greenhouse gas emissions
inventory program
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
control of air pollution from combustion of refuse
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards
; authorizing the Department of Environmental
Protection to repeal a legislative rule relating to ambient
air quality standards for carbon monoxide and ozone
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
blasting
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
surface mining reclamation
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to voluntary remediation and development
;
authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to
environmental excellence program
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards for the
beneficial use of filtrate from water treatment plants;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Recycling
Assistance Grant Program
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the hazardous waste management system; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to underground storage tanks;
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 WV/NPDES rules for
coal mining facilities
;
authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to requirements governing water quality standards
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to antidegradation
implementation procedures
; and authorizing the Solid Waste
Management Board to promulgate a legislative rule relating to
performance measures and review standards for solid waste
authorities operating commercial solid waste facilities
.
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 ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a)The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, 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.
(b)The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, 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 standard for nitrogen dioxide, 45 CSR 12), is
repealed.
(c)The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, 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 pursuant to 40 CFR
part 61, 45 CSR 15), is repealed.
(d)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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.
(e)The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, 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.
(f)The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(to prevent and control emissions from hospital/medical/infectious
waste incinerators, 45 CSR 24), is repealed.
(g)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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
and disposal facilities, 45 CSR 25), is authorized.
(h)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual nitrogen oxides emissions, 45 CSR 39), is
authorized.
(i)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (control of ozone season nitrogen oxides emissions, 45
CSR 40), is authorized.
(j)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual sulfur dioxide emissions, 45 CSR 41), is
authorized.
(k)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section nineteen, 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 the fourteenth day
of January, two thousand eight, relating to the Department of
Environmental Protection (greenhouse gas emissions inventory
program, 45 CSR 42), is authorized.
(l)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 refuse, 45 CSR 6), is authorized.
(m)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (ambient air quality standards, 45 CSR 8), is
authorized.
(n)
The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, 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 for carbon monoxide and ozone, 45
CSR 9), is repealed.
(o)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three-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 the nineteenth day
of December, two thousand seven, relating to the Department of
Environmental Protection (surface mining blasting, 199 CSR 1), is
authorized, with the following amendments:
On page nine, section 3, after "3.8.a." by inserting the following: At least thirty days prior to commencing blasting, an
operator's designee shall notify in writing all owners and
occupants of man-made dwellings or structures that the operator or
operator's designee will perform preblast surveys.
(p)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three, 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 nineteenth day
of December, two thousand seven, relating to the Department of
Environmental Protection (surface mining reclamation, 38 CSR 2), is
authorized with the following amendments:
On pages one hundred twenty-six through one hundred thirty-
two, by striking out subsection 11.8. in its entirety
.
(q)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 development, 60 CSR 3), is
authorized.
(r)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 twenty-five, chapter twenty-
two of this code, relating to the Department of Environmental
Protection (environmental excellence program, 60 CSR 8), is authorized.
(s)The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section twenty-three, 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 the twentieth
day of December, two thousand seven, relating to the Department of
Environmental Protection (standards for beneficial use of filtrate
from water treatment plants, 33 CSR 9), is authorized.
(t)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section three, 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 the
seventeenth day of October, two thousand seven, relating to the
Department of Environmental Protection (recycling assistance grant
program, 33 CSR 10), is authorized with the following amendments:
On page twelve, subdivision 5.1.10., after the words
"telephone costs." by striking out the remainder of the subdivision
and by inserting in lieu thereof the following: "Rent or lease
charges related to a recycling program for a building, or office
space are allowable expenditures. However, to obtain grant funds
for rent or lease charges, the applicant shall provide the
department with a copy of the written rental or lease agreement which shall exceed twenty years and meet the following criteria:
a.The rental or lease agreement shall not contain any
cancellation or termination clause,
b.The rental or lease agreement shall not be
transferrable, and
c.The rental or lease agreement shall not allow for
subleasing;"
On page twelve, by striking out all of subdivision 5.1.11. and
inserting in lieu thereof the following, to read as follows:
"5.1.11 Recycling Facility Construction, Improvement and
Repairs -- A grant may be used for, but not limited to, new
construction or repairs or minor improvements to an existing
recycling facility, such as loading docks, sheds, structures,
abutment walls, fences, roof repair, gravel or paving, if the land
is owned or leased by the grantee. However, to obtain grant funds
for construction, improvements and repairs for rental or leased
property, the applicant shall provide the department a copy of the
written rental or lease agreement which shall exceed twenty years
and meet the criteria stated in subdivision 5.1.10. of this rule;"
On page thirteen, subdivision 5.2.2., by striking out the
words "and buildings";
And,
On page thirteen, subdivision 5.2.7 after the words
"(planting, mowing, weeding, etc.)" by inserting the words "unless
the purpose is to provide natural screening to neighboring
properties".
(u)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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.
(v)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section six, article seventeen, 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 twentieth day of
December, two thousand seven, relating to the Department of
Environmental Protection (underground storage tanks, 33 CSR 30), is
authorized.
(w)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 eleven, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (National Pollutant Discharge Elimination System (NPDES)
program, 47 CSR 10), is authorized.
(x)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 the nineteenth day
of December, two thousand seven, 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 one, subsection 1.8., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page two, subsection 2.6., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page two, subsection 2.6., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, after subsection 2.14. by inserting a new
subsection 2.15., to read as follows:
2.15. "Director" means the director of the Division of Water
and Waste Management.;
And renumbering the remaining subsections;
On page three, subsection 2.17., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, subsection 2.18., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page four, subsection 2.28., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page four, subsection 2.28., after the words "with the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page four, subdivision 2.31.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page five, subsection 2.37., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.50., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.51., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subparagraph 3.1.a.6.D, by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page seven, subparagraph 3.1.a.6.G, after the words "when
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seven, subdivision 3.2.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.1., after the words "application the" by striking out the word "Secretary" and
inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "if the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.2., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.c.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 3.6., by striking out the word
"Secretary" and inserting in lieu thereof the words "Director of
the Division of Water and Waste Management";
On page nine, subdivision 3.6.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "adopted by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "enforced by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.c., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.c., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subdivision 3.6.d., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.2., after the words "or the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "when the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the word "The" by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page ten, subdivision 4.5.a., after the words "provide the" by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page ten, subdivision 4.5.a., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the words "and the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page twelve, subdivision 4.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "addition,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words
"effluents, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twelve, part 4.5.b.1.A.2., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "to the"
by striking out the comma and the word "Secretary" and inserting in
lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "as the"
by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, subparagraph 4.5.d.1.F., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, paragraph 4.5.d.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, paragraph 4.5.e.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, subparagraph 4.5.f.2.A., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "rule,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words
"notice, the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, subdivision 4.7.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, paragraph 4.7.b.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, subdivision 4.7.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subdivision 5.1.g., by striking out the word "secretary" and inserting in lieu thereof the words "Secretary or
Director";
On page nineteen, subsection 5.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall
furnish to the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "which the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page nineteen, subsection 5.9., after the words "shall also
furnish to the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page nineteen, subsection 5.10., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, paragraph 5.11.d.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.g., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subsection 5.12., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-one, subparagraph 5.13.d.2.C., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-one, paragraph 5.13.d.3., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.A.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.B.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.f., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.g., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, paragraph 5.14.d.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the words "if
the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subsection 5.16., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subsection 6.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, paragraph 6.2.d.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, paragraph 6.2.d.3., after the words
"Subpart G, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.1.A., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subparagraph 6.2.h.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subdivision 6.2.i., by striking out the
word "Secretary's" and inserting in lieu thereof the word
"Director's";
On page twenty-eight, paragraph 6.2.o.5., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-nine, subdivision 7.7.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 7.9.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page thirty, subdivision 8.1.a., after the words "to the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.1.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty, subdivision 8.1.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the words "to the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.2.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty-one, subdivision 8.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, paragraph 8.2.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"where the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"by the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"to the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-two, subparagraph 8.2.c.2.D., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, subparagraph 8.2.c.2.L., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, paragraph 8.3.a.1., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the words "and
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-three, paragraph 8.3.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, paragraph 9.2.a.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, subparagraph 10.2.d.1.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-six, paragraph 10.2.d.2, by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subparagraph 10.2.e.1.G., by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-seven, subdivision 10.3.a., after the word "the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.4.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.5.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"then the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"resources, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.d., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.e., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty, paragraph 12.3.a.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subsection 13.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, paragraph 13.1.b.5. by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-one, subdivision 13.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-two, subsection 14.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words
"variance, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page forty-two, subdivision 15.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-three, subsection 15.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
And,
On page forty-three, subdivision 15.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director".
(y)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven-b, article eleven, chapter twenty-
two of this code, relating to the Department of Environmental
Protection (requirements governing water quality standards, 47 CSR
2), is authorized, with the following amendments:
On page two, by striking out subsection 2.20. "Waters of
special concern" in its entirety and renumbering the remaining
subsections;
On page four, by striking out subdivision 4.1.c. in its
entirety and renumbering the remaining subdivisions;
And,
On page four, newly designated 4.1.c. after the word "State",
by changing the period to a comma and adding the following: all
Federally designated rivers under the "Wild and Scenic Rivers Act",
16 U.S.C. §1271 et seq.; all streams and other bodies of water in
state parks which are high quality waters or naturally reproducing
trout streams; waters in national parks and forests which are high
quality waters or naturally reproducing trout streams; waters
designated under the "National Parks and Recreation Act of 1978",
as amended; and pursuant to subsection 7.1. of 60CSR5, those waters
whose unique character, ecological or recreational value, or
pristine nature constitutes a valuable national or state resource.;
And,
On pages sixteen through twenty-six by striking Appendix A and
inserting in lieu thereof the following:
APPENDIX A
CATEGORY B-2 - TROUT WATERS
This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section
2.20. 2.19.
River BasinCountyStream
James River
JMonroeSouth Fork Potts Creek
Potomac River
PJeffersonTown Run
P"Rocky Marsh Run
PBerkeleyOpequon Creek
P"Tuscarora Creek
(Above Martinsburg)
P"Middle Creek
(Above Route 30 Bridge)
P"Mill Creek
P"Hartland Run
P"Mill Run
P"Tillance Creek
PMorganMeadow Branch
PSJeffersonFlowing Springs Run
(Above Halltown)
PS"Cattail Run
PS"Evitt's Run
PS"Big Bullskin Run
PS"Long Marsh Run
PCHampshireCold Stream
PC"Edwards Run and Impoundment
PC"Dillons Run
PCHardyLost River
PC"Camp Branch
PC"Lower Cove Run
PC"Moores Run
PC"North River (Above Rio)
PC"Waites Run
PC"Trout Run
PC"Trout Pond (Impoundment)
PC"Warden Lake (Impoundment)
PC"Rock Cliff Lake (Impoundment)
River BasinCountyStream
PSBHampshireMill Creek
PSB"Mill Run
PSBHardyDumpling Creek
PSBGrant-PendletonNorth Fork South Branch
PSBGrantNorth Fork Lunice Creek
PSB"South Fork Lunice Creek
PSB"South Mill Creek (Above Hiser)
PSB"Spring Run
PSBPendletonHawes Run (Impoundment)
PSB"Little Fork
PSB "South Branch (Above North Fork)
PSB"Senena Creek
PSB"Laurel Fork
PSB"Big Run
Potomac River
PNBMineralNorth Fork Patterson Creek
PNB"Fort Ashby (Impoundment)
PNB"New Creek
PNB"New Creek Dam 14 (Impoundment)
PNB"Mill Creek (Above Markwood)
Monongahela River
MMonongalia-MarionWhiteday Creek
(Above Smithtown)
MCMonongaliaMorgan Run
MC"Coopers Rock (Impoundment)
MC"Blaney Hollow
MCPrestonLaurel Run
MC"Elsey Run
MC"Saltlick Creek
MC"Buffalo Creek
MC"Wolf Creek
MCTuckerClover Run
MC"Elklick Run
MC"Horseshoe Run
MC"Maxwell Run
MC"Red Creek
MC"Slip Hill Mill Branch
MC"Thomas Park (Impoundment)
MC"Blackwater River (Above Davis)
MC"Blackwater River (Below Davis)
MCRandolphCamp Five Run
MC"Dry Fork (Above Otter Creek)
MC"Glady Fork
MC"Laurel Fork
MC"Gandy Creek (Above Whitmer)
MC"East Fork Glady Fork (Above C
& P Compressor Station)
River BasinCountyStream
MCRandolphShavers Fork
(Above Little Black Fork)
MC"Three Spring Run
MC"Spruce Knob Lake (Impoundment)
MWHarrisonDog Run (Pond)
MWLewisStonecoal
MTBarbourBrushy Fork
(Above Valley Furnace)
MT"Teter Creek Lake (Impoundment)
MT"Mill Run
MTTaylor-BarbourTygart Lake Tailwaters
(Above Route 119 Bridge)
MTPrestonRoaring Creek
(Above Little Lick Branch)
MTRandolphTygart River (Above Huttonsville)
MT"Elkwater Fork
MT"Big Run
MTBUpshur-Randolph-LewisRight Fork Buckhannon River
MTBUpshurBuckhannon River
(Above Beans Mill)
MTBUpshurFrench Creek
Monongahela River
MTBUpshur-RandolphLeft Fork Right Fork
MTNUpshurRight Fork Middle Fork River
MTMRandolphMiddle Fork River (Above Cassity)
MYPrestonRhine Creek
Little Kanawha River
LKUpshurLeft Fork-Right Fork Little Kanawha River)
LKUpshur-LewisLittle Kanawha River
(Above Wildcat)
Kanawha River
KEBraxtonSutton Reservoir
KE"Sutton Lake Tailwaters
(Above Route 38/5 Bridge)
KEWebsterBack Fork
KE"Desert Fork
KE"Fall Run
KE"Laurel Fork
River BasinCountyStream
KE"Left Fork Holly River
KE"Sugar Creek
KE"Elk River (Above Webster Springs)
KCRaleighStephens Lake (Impoundment)
KC"Marsh Fork (Above Sundial)
KGNicholasSummersville Reservoir
(Impoundment)
KG"Summersville Tailwaters
(Above Collison Creek)
KGNicholasDeer Creek
KGRandolph-WebsterGauley River
(Above Moust Coal Tipple)
KGFayetteGlade Creek
KGNicholasHominy Creek
KG"Anglins Creek
KGGreenbrier Big Clear Creek
KG"Little Clear Creek and Laurel Run
KG"Meadow Creek
KGFayetteWolf Creek
KGNicholasCherry River
KGGreenbrier-NicholasLaurel Creek
KG""North Fork Cherry River
KGGreenbrierSummit Lake (Impoundment)
KGGreenbrier-NicholasSouth Fork Cherry River
Kanawha River
KGCPocahontas-Webster-Cranberry River
Nicholas
KGCPocahontasSouth Fork Cranberry River
KGWPocahontasTea Creek
KGWPocahontas-WebsterWilliams River (Above Dyer)
KNRaleighGlade Creek
KNSummersMeadow Creek
KNFayetteMill Creek
KN"Laurel Creek (Above Cotton Hill)
KNRaleighPinch Creek
KNMonroeRich Creek
KN"Turkey Creek
KNFayetteDunloup Creek (Downstream from
Harvey Sewage Treatment Plant)
KNMercerEast River (Above Kelleysville)
KN"Pigeon Creek
KNMonroeLaurel Creek
KNGMonroeKitchen Creek (Above Gap Mills)
KNGGreenbrierCulverson Creek
KNG"Milligan Creek
River BasinCountyStream
KNGGreenbrier-MonroeSecond Creek
(Rt. 219 Bridge to Nickell's Mill)
KNGGreenbrierNorth Fork Anthony Creek
KNG"Spring Creek
KNG"Anthony Creek (Above Big Draft)
KNGPocahontasWatoga Lake
KNG"Beaver Creek
KNG"Knapp's Creek
KNG"Hills Creek
KNG"North Fork Deer Creek
(Above Route 28/5)
KNG"Deer Creek
KNG"Sitlington Creek
KNG"Stoney Creek
KNG"Swago Creek
KNG"Buffalo Fork (Impoundment)
KNG"Seneca (Impoundment)
KNG"Greenbrier River
(Above Hosterman)
KNG"West Fork-Greenbrier River
(Above the impoundment
at the tannery)
KNG"Little River-East Fork
KNG"Little River-West Fork
KNG"Five Mile Run
KNG"Mullenax Run
KNG"Abes Run
KNBMercerMarsh Fork
KNB"Camp Creek
OGWyomingPinnacle creek
BSTMcDowellDry Fork (Above Canebrake)
(z)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven-b, article eleven, chapter twenty-
two of this code, relating to the Department of Environmental Protection (antidegradation implementation procedures, 60 CSR 5),
is authorized with the amendment set forth below:
On page two, subsection 3.2. by striking out the words "Tier 2.5
or";
On page three, by striking out subdivision 3.5.a. in its
entirety and by renumbering the remaining subdivisions;
On page three, new subdivision 3.5.a., after the words
"Wilderness Area" by inserting the words "or otherwise included in
47CSR2-4.1.c.";
On page three, new subdivision 3.5.b., after the words
"Wilderness Area" by striking out the words "not listed pursuant to
subsection 8.2. and not listed in
Appendix A of this rule
" and
inserting in lieu thereof, the words "or otherwise included in
47CSR2-4.1.c.
or listed pursuant to subsection 7.1. of this rule";
On page three, new subdivision 3.5.d. by striking out the words
"Tier 2.5 or";
On page three, subsection 3.7. by striking out the words "Tier
2.5 or";
On page four, subsection 3.8., by striking out the words "Tier
2.5 or";
On pages nine through eleven, by striking out section six in its
entirety and renumbering the remaining sections;
On page eleven, subsection 7.2., by striking out "47CSR2-4.1.d."
and inserting in lieu thereof the words "47CSR2-4.1.c.";
On page thirteen, by striking out the section caption and
inserting in lieu thereof a new section caption to read as follows:
§60-5-7. Designation of Tier 3 Waters.;
On pages thirteen and fourteen, by striking out section 8.1. in
its entirety and renumbering the remaining subsection;
On page fourteen, new subsection 7.2.a.1., following the words
"nominated segment." by striking out the word "Where" and inserting
in lieu thereof, the following: When a good faith effort to notify
individual property owners has failed, and".
On page fifteen, subsection 9.3. by striking out the words
"2.5,";
On page fifteen, subsection 9.6, after the word "Board", by
striking out the colon and the remainder of the subsection;
On pages sixteen through twenty-one by striking out Appendix A
in its entirety;
And,
On page twenty-two by striking out the caption and inserting in
lieu thereof the caption "APPENDIX A".
§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.