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SB373 SUB1 Senate Bill 373 History

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SB373 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 373

(By Senators Minard, Fanning, Prezioso,

Unger, Boley and Facemyer)

__________

[Originating in the Committee on the Judiciary;

reported February 27, 2008.]

__________

A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, all 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; 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 ; 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".

§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.
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