E N R O L L E D

COMMITTEE SUBSTITUTE 

for

H. B. 2283

__________

(BY DELEGATE(S) SOBONYA)

__________

[Passed March 12, 2015;

in effect from passage.]

__________

AN ACT to amend and reenact article three, chapter sixty-four 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 the Department of

Environmental Protection to promulgate a legislative rule relating

to permits for construction and major modification of major
Enr. Com. Sub. for H. B. No. 2283] 2

stationary sources for the prevention of significant deterioration of

air quality; 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 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 requirements for operating 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 awarding of WV

Stream Partners Program Grants; 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 requirements governing water quality standards; authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to the WV/NPDES rule for

coal mining facilities; and, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to waste

management.

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.

1 (a) The legislative rule filed in the State Register on July 23,

2 2014, authorized under the authority of section four, article five,
3 [Enr. Com. Sub. for H. B. No. 2283

3 chapter twenty-two, of this code, relating to the Department of

4 Environmental Protection (permits for construction and major

5 modification of major stationary sources for the prevention of

6 significant deterioration of air quality, 45 CSR 14), is authorized.

7 (b) The legislative rule filed in the State Register on July 23,

8 2014, authorized under the authority of section four, article five,

9 chapter twenty-two of this code, relating to the Department of

10 Environmental Protection (standards of performance for new

11 stationary sources, 45 CSR 16), is authorized. 

12 (c) The legislative rule filed in the State Register on July 23,

13 2014, authorized under the authority of section four, article five,

14 chapter twenty-two of this code, relating to the Department of

15 Environmental Protection (control of air pollution from hazard16 ous waste treatment, storage or disposal facilities, 45 CSR 25),

17 is authorized. 

18 (d) The legislative rule filed in the State Register on July 23,

19 2014, authorized under the authority of section four, article five,

20 chapter twenty-two of this code, relating to the Department of

21 Environmental Protection (requirements for operating permits,

22 45 CSR 30), is authorized. 

23 (e) The legislative rule filed in the State Register on July 25,

24 2014, authorized under the authority of section four, article five,

25 chapter twenty-two of this code, relating to the Department of

26 Environmental Protection (emission standards for hazardous air

27 pollutants, 45 CSR 34), is authorized. 

28 (f) The legislative rule filed in the State Register on July 29,

29 2014, authorized under the authority of section four, article

30 thirteen, chapter twenty of this code, relating to the Department

31 of Environmental Protection (awarding of WV Stream Partners

32 Program Grants, 60 CSR 4), is authorized with the amendment

33 set forth below:
Enr. Com. Sub. for H. B. No. 2283] 4

34 On page two, subsection 4.2, line twenty-two, following the

35 words “furnished by”, by striking out the words “watershed

36 association” and inserting in lieu thereof the word “organiza37 tion”;

38 On page two, subsection 4.2, line twenty-five, following the

39 words “in which the”, by striking out the word “entity” and

40 inserting in lieu thereof the word “organization”;

41 On page three, subdivision 5.2.f, line sixteen, following the

42 words “expenses for”, by striking out the words “watershed

43 association” and inserting in lieu thereof the word “organiza44 tion”;

45 And,

46 On page three, subdivision 5.2.g, line seventeen, following

47 the words “support the”, by striking out the words “watershed

48 association’s” and inserting in lieu thereof the word “organiza49 tion’s”.

50 (g) The legislative rule filed in the State Register on July 30,

51 2014, authorized under the authority of section six, article

52 eighteen, chapter twenty-two of this code, relating to the

53 Department of Environmental Protection (hazardous waste

54 management system, 33 CSR 20), is authorized. 

55 (h) The legislative rule filed in the State Register on August

56 1, 2014, authorized under the authority of section four, article

57 eleven, chapter twenty-two of this code, relating to the Depart58 ment of Environmental Protection (requirements governing

59 water quality standards, 47 CSR 2), is authorized.; Provided; that

60 the Secretary of the Department of Environmental Protection

61 shall consider, for the 2017 triennialreview, potential alternative

62 applications for the Category A drinking water use designation
5 [Enr. Com. Sub. for H. B. No. 2283

63 to the waters of the state, taking into consideration stream flow,

64 depth, and distance to a public water intake.

65 (i) The legislative rule filed in the State Register on July 28,

66 2014, authorized under the authority of section three, article one,

67 chapter twenty-two, of this code, relating to the Department of

68 Environmental Protection (WV/NPDES rule for coal mining

69 facilities, 47 CSR 30), is authorized

70 (j) The legislative rule filed in the State Register on August

71 12, 2014, authorized under the authority of section eight, article

72 fifteen, chapter twenty-two, of this code, modified by the

73 Department of Environmental Protection to meet the objections

74 of the Legislative Rule-making Review Committee and refiled

75 in the State Register on October 22, 2014, relating to the

76 Department of Environmental Protection (wastemanagement, 33

77 CSR 1), is authorized with the following amendments:

78 On page 145, by adding the following new subparagraph:

79 5.6.b.3.C. Any facility permitted to accept drilling wastes

80 that does not transfer leachate off-site for additional treatment,

81 must sample and analyze the output fluid from on-site leachate

82 treatment systems to include the sampling parameters in

83 Appendix V of this rule on a quarterly basis;

84 And,

85 On page 176, by adding two compounds, toluene and xylene,

86 to Appendix V. 

7 [Enr. Com. Sub. for H. B. No. 2283

That Joint Committee on Enrolled Bills hereby certifies that the

foregoing bill is correctly enrolled.

_________________________________

 Chairman, House Committee

 _________________________________

 Chairman, Senate Committee 

Originating in the House.

In effect from passage.

_________________________________

 Clerk of the House of Delegates 

 _________________________________

 Clerk of the Senate

 _________________________________

 Speaker of the House of Delegates 

_________________________________

President of the Senate 

___________

Thewithin ______________________ this the _______________

day of ____________________________, 2015.

__________________________________

Governor