### 4 5 C S R 3 5



## TITLE 45 LEGISLATIVE RULE DEP ARTMENT O FENVIRO NMENTAL P ROTECTI ON

AIR Q UALITY SERIES 3 5 DETERMINI NG CONF ORM ITYO FGENERAL F EDERAL ACTIO NS

TO AP P LICAB LE IM P LEMENTATIO N P LANS

(GENERAL CO NF ORM ITY)
§45- 35- 1. Gener al. 1.1. Sco p e . -- This rul e est abl is hes and adopts the re quire ment s of 40 CFR Part 93, Subp art B, “Det ermini ng Conf

ormity of General Fe d e r al Action s to State or Fede ral Im ple mentation Plans” for the purpos e of

meeting th e im

ple ment ationpl an r equirements of 40 CFR § 51.8 51. 40 CFR P art 93 Subpart B was pro m ulgat ed by the U.S. Environmental Protection Agency to implement Section 176( c) of the Cle an Air Act (CAA) , whic h re quire s that al l fe deral action s con form to any app li cab le implementati on plan. This rule codif ie s genera l crit eria , pro cedure s and re quire ment s for demonstrating and ass uri ng con formity o f suc h action s to any app li cab le implementat i o n plan. The Sec re tary hereby adopts the se re quirement s by re ference . 1.2. Auth ori ty. -
-W. V a. Co de § 22- 5-4. 1.3. Fil ing Dat e. - -May 1, 2012

. 1.4. Eff ective Dat e. - -June1, 2 012. 1.5. Inco rpo rati on by Ref erenc e. - - Fede ral Count erpart Regulation

. The Sec retary has det ermine d that a fe deral counte rpart re gulation exi st s, and in acc ordanc e with the Sec re tary’s re commendation , with li mited exc eption , th is rulein corporat es by ref erenc e 40 CFR Part 9 3 Subpart B, ef fe ctive June1, 2 011. 1.6. Former Rule s. - - This le gislati ve rul e amends 45CSR35

- “Requir ement s for Det ermini ng Conf ormity of General Fede ral Action s to Appl ic abl e Air Qual ity Im ple ment at i o n P l an s (General Conf ormity)”whi ch wa s f

il ed Ap ri l 2 8, 19 95, and whi ch b ecame e ff ective M ay 1, 199 5. §45- 35- 2. Def

initi ons. 2.1. “Appl ic abl e implementati on plan” or “appli cab le SIP” mean s the porti on (or porti ons ) of the st at e implementati on plan or most re cent revisi on ther eof , which has been appro ved unde r §110(k) of the CAA, a f ederal i m ple ment ationpl an p romulgate d under §110 (c ) of the CAA, or a pl an p romulgate d orapp roved pur suant to §301 (d) of the CAA (T ribal implementati on p l an o r T IP) and whic h implements the re le vant re quire ment s of

th e CAA. 2.2. CAA mean s the Cl eanAirAct , as amended (42 U.S.C. 7 401 etse q.)

. 2.3. “Se cret ary” mean s the S ecret ary of the Department of Environment alPro te ctionorotherper son

1

### 4 5 C S R 3 5



## to whom the Se cret ary has de le gated authority or dutie s pursuant t o W .V a. Co de § §22-1- 6 or22- 1- 8. 2.4. Othe r word s and phrase s use d in thi s rul e, unl ess oth erwis e indic at ed, sha l l have the meaning asc ribed to the m in 40 CFR §93. 152. Wo rds and phrase s not def ine d therein shal l have the meaning given to them infe deralCle an Air Ac t. §45 -35 -3. Requi rem ent s. 3.1. No dep artment, agency or ins trument al ity of the fe deral government shall engage in, support in any way or p rovide f

inanci alas si stanc e for, li cen se or permit , orapp rove any activity which doe s no t c onf orm to an appl ic abl e im

ple ment ationpl an. 3.2. A fe deral age ncy m ust make a det erminati on that a fe deral action con forms to the app li cab le implementati on plan in acc ordanc e with the re quire ment s of 40 CFR Part 93 Subp art B bef ore the action is taken. 3.3 [Re served]. 3.4. Notwi ths tanding any pro visio n of 40 CFR Part 93 Subpart B, a dete rmination that an acti on is in con formanc e with the app li cab le implementati on plan d o e s not exe m pt the action from any oth er re quire ment s of

th e appl ic abl e im

ple ment ationpl an, theNation alEnviro nmentalPol ic y Act, orth e CAA. 3.5. I f an action woul d re sul t in emissi ons ori ginating in more than one nonatt ainment or mainte nance area, th e c onf

ormity m ustbe evaluate d f

or eac h ar ea sep arat ely. §45- 35- 4. Ado pti on of

Requi rem ent s. 4.1. The Secre tary hereby adopts and inc orp orate s by re ference the crit eri a , p r o c e dure s and re quire ment s of 40 CFR Part 93 Subp art B, ef fe ctive June 1, 2011 , for the purpos e of meeting the re quire ment s of

40 CF R §51 .851

. §45- 35- 5. Inc onsi st ency B etw eenRule s. 5.1. In th e e vent of any inc ons is tency between thi s rul e and any oth er rul e of the We st V irginia Department of Enviro nment al Pro te ction , the i n c o n s is tency shall be re solved by the det erminati on of the Sec re tary and thedet erminati on s hal l be bas ed upon the app li cation of themorestringent p rovis ion , te rm, con dition , method or rul e.

2

### COMMITTEE SUBSTITUTE FOR 

# Senate Bill No. 253 (By Senator Minard)

__________ [Originating in the Committee on the Judiciary; reported February 3, 2012.]

__________ A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department ofEnvironmental 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 in the form that the rules were filed in the

### Com. Sub. for S. B. No. 253] 2 State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rulerelating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous wa ste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection topromulgate a legislative rule relating to permits for construction and major modification of major stationary sources for theprevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for newstationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection topromulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the

### [Com. Sub. for S. B. No. 253 3 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 foroperating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardou s air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to determining conformity of generalfederal actions to applicable implementation plans; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the greenhouse gas emissionsinventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment. 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:

### Com. Sub. for S. B. No. 253] 4ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES. 

### §64-3-1. Department of Environmental Protection. (a) The legislative rule filed in the State Register on July 

### 1 29, 2011, authorized under the authority of section five, 

### 2 article fifteen, chapter twenty-two of this code, relating to 

### 3 the Department of Environmental Protection (solid waste 

### 4 management, 33 CSR 1), is authorized. 

### 5 (b) The legislative rule filed in the State Register on July 

### 6 28, 2011, authorized under the authority of section six, 

### 7 article eighteen, chapter twenty-two of this code, relating to 

### 8 the Department of Environmental Protection (hazardous 

### 9 waste management system, 33 CSR 20), is authorized. 

### 10 (c) The legislative rule filed in the State Register on July 

### 11 29, 2011, authorized under the authority of section four, 

### 12 article five, chapter twenty-two of this code, relating to the 

### 13 Department of Environmental Protection (ambient air 

### 14 quality standards, 45 CSR 8), is authorized. 

### 15 (d) The legislative rule filed in the State Register on July 

### 16 29, 2011, authorized under the authority of section four, 

### 17 article five, chapter twenty-two of this code, relating to the 

### 18

### [Com. Sub. for S. B. No. 253 5 Department of Environmental Protection (permits for 

### 19 construction and major modification of major stationary 

### 20 sources for the prevention of significant deterioration of air 

### 21 quality, 45 CSR 14), is authorized. 

### 22 (e) The legislative rule filed in the State Register on July 

### 23 29, 2011, authorized under the authority of section four, 

### 24 article five, chapter twenty-two of this code, relating to the 

### 25 Department of Environmental Protection (standards of 

### 26 performance for new stationary sources, 45 CSR 16), is 

### 27 authorized. 

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

### 29 29, 2011, authorized under the authority of section four, 

### 30 article five, chapter twenty-two of this code, relating to the 

### 31 Department of Environmental Protection (control of air 

### 32 pollution from combustion of solid waste, 45 CSR 18), is 

### 33 authorized. 

### 34 (g) The legislative rule filed in the State Register on July 

### 35 29, 2011, authorized under the authority of section four, 

### 36 article five, chapter twenty-two of this code, relating to the 

### 37 Department of Environmental Protection (permits for 

### 38 construction and major modification of major stationary 

### 39

### Com. Sub. for S. B. No. 253] 6 sources which cause or contribute to nonattainment areas, 45 

### 40 CSR 19), is authorized. 

### 41 (h) The legislative rule filed in the State Register on July 

### 42 29, 2011, authorized under the authority of section four, 

### 43 article five, chapter twenty-two of this code, relating to the 

### 44 Department of Environmental Protection (control of air 

### 45 pollution from hazardous waste treatment, storage or 

### 46 disposal facilities, 45 CSR 25), is authorized. 

### 47 (i) The legislative rule filed in the State Register on 

### 48 March 16, 2011, authorized under the authority of section 

### 49 four, article five, chapter twenty-two of this code, relating to 

### 50 the Department of Environmental Protection (requirements 

### 51 for operating permits, 45 CSR 30), is authorized. 

### 52 (j) The legislative rule filed in the State Register on July 

### 53 29, 2011, authorized under the authority of section four, 

### 54 article five, chapter twenty-two of this code, relating to the 

### 55 Department of Environmental Protection (emission stan

### 56 dards for hazardous air pollutants, 45 CSR 34), is authorized. 

### 57 (k) The legislative rule filed in the State Register on July 

### 58 29, 2011, authorized under the authority of section four, 

### 59 article five, chapter twenty-two of this code, relating to the 

### 60 Department of Environmental Protection (determining 

### 61

### [Com. Sub. for S. B. No. 253 7conformity of general federal actions to applicable imple

### 62 mentation plans (general conformity), 45 CSR 35), is autho

### 63 rized. 

### 64 (l) The legislative rule filed in the State Register on July 

### 65 29, 2011, authorized under the authority of section four, 

### 66 article five, chapter twenty-two of this code, relating to the 

### 67 Department of Environmental Protection (greenhouse gas 

### 68 emissions inventory program, 45 CSR 42), is authorized. 

### 69 (m) The legislative rule filed in the State Register on July 

### 70 8, 2011, authorized under the authority of section four, 

### 71 article eleven, chapter twenty-two of this code, approved for 

### 72 promulgation by the Legislature on March 18, 2011, relating 

### 73 to the Department of Environmental Protection (National 

### 74 Pollutant Discharge Elimination System (NPDES) Program, 

### 75 47 CSR 10), is authorized with the following amendments: 

### 76 On page one, subsection 2.6., by striking out “2006” and 

### 77 inserting in lieu thereof “2009”; 

### 78 On page fifteen, subparagraph 4.4.c.1.J., by striking out 

### 79 “40 C.F.R. §412(C) or (D)” and inserting in lieu thereof “40 

### 80 C.F.R. Part 412, Subpart C or D”; 

### 81 And, 

### 82

### Com. Sub. for S. B. No. 253] 8 On page forty-seven, paragraph 13.1.f.2., by striking out 

### 83 all of paragraph 13.1.f.2. and inserting in lieu thereof a new 

### 84 paragraph 13.1.f.2. to read as follows: 

### 85 13.1.f.2. Expansion of AFO to CAFO. For other opera

### 86 tions (e.g. resulting from an increase in the number of 

### 87 animals), the owner or operator must seek to obtain coverage 

### 88 under a permit as soon as possible, but no later than ninety 

### 89 (90) days after becoming defined as a CAFO. 

### 90 (n) The legislative rule filed in the State Register on July 

### 91 29, 2011, authorized under the authority of section three, 

### 92 article twenty-two, chapter twenty-two of this code, relating 

### 93 to the Department of Environmental Protection (voluntary 

### 94 remediation and redevelopment, 60 CSR 3), is authorized 

### 95 with the following amendments: 

### 96 On page seventy-eight, by striking out all of the de 

### 97 minimis values for the parameter “Hexachloroethane” and 

### 98 inserting in lieu thereof new de minimis values for the 

### 99 parameter “Hexachloroethane” to read as follows: 

### 100 “Residential Soil - 1.2E+01, Industrial Soil - 6.2E+02, 

### 101 Ground Water - 1.7E+00, Migration to Groundwater - 2.0E

### 102 02”; 

### 103 And, 

### 104

### [Com. Sub. for S. B. No. 253 9 On page eighty-two, by striking out all of the de minimis 

### 105 values for the parameter “Trichloroethylene (TCE)” and 

### 106 inserting in lieu thereof new de minimis values for the 

### 107 parameter “Trichloroethylene (TCE)” to read as follows: 

### 108 “Residential Soil - 4.8E-01, Industrial Soil - 2.1E+01, 

### 109 Ground Water - 5.0E+00, Migration to Groundwater - 3.6E

### 110 02”. 

### 111

## WEST VIRGINIA LEGISLATURE Le gislative Rule -Making Revie w Committee Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co - Chair Debra A . Graham

, Chie f Couns e l Felisha N. Suth erland, Administrative A ssistant Rita A . Pauley, Associate Counsel Brian Skinner, Associate Counsel Charles Rosko vensky, Associate Counsel

Jay Lazell, Associate Counsel

January 8, 2012
NOTICE OF ACTION TAK EN B Y THE LEGISLATI V E RULE- MAKI NG RE V IEW COMMITTEE
TO: Natalie E . Tennant, Secretar y of State, State Register
TO: John A. Benedict, Director DEP

- Air Qualit y 601 57th Street, SE Charleston, WV 253 0 4
FROM: Legislati v e Rule-Making Re v ie w Committee Proposed Rule: Determining Conformity of General Federal Actions to Applicable Implementation Plans ( General Conformity), 45CSR35 The Legislative Rule-Making Re v ie w Committee Recommends that the West V irginia Legislature:
1. Authorize the agenc y to promulga t e the Legislati v e rule: 

### ( A ) as originall y filed ( B ) as m odified by t h e agenc y 2. Authorize the a g enc y to promulgate pa rt o f the Legislative rule; a statement of r ea so n s f o r such r ecomm e nd a ti o n is attac hed
. 3
. Authorize the agency t o promulgate the Legislati v e rule w ith certain amendments; amendments and a statemen t of r eas o ns f o r such recommendation is a ttached
. 4
. Auth o rize the agenc y to promulgate the Legisl a tive rule a s modified w ith certain am e ndments; a m endments a nd a statement of reasons for such recommendation is attached. 5
. Recommends that the Legislature rule be w ithdra wn ; a statement of reasons for such recommendation is attached
.



## Building 1, 

## Room MB-49 1900 Kanawha Boul e vard, East Charleston, WV 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutherland@wvlegislature.gov

# WEST VIRGINIA SECRETARY OF STATE

NATALIE E. TENNANT 

# ADMINISTRATIVE LAW DIVISION Do Not Mark In This Box

- - 

## - - - . - -

- - - - - - - - - - - - - - - - - - - - - - - - - - - - L -. ~ ,. " "" , 

### ---:--, - '

. -J

.... •.. •. , ';
- "
- - - - --- Fonn#3



## NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE AND FILING WITH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE AGENCY:

__ WV

__ D_ep_artm_e_nt_of_E_nVlf_'

_onm_en_tal_P_r_ot_ec_tio_n_-

_Di_vis_i_on_o_f

Air_ · _Q_u_ali

- , - 'ty

__ 

### TITLE NUMBER:

.__ 4S

_ 

### CITE AUTHORITY: W_, V_a_, C_o_de_§_22_-S_-4

_ 

### AMENDMENT TO AN EXISTING RULE: YES~ NO_ IF YES, SERIES NUMBER OF RULE BEING AMENDED:

__ 4_SC_SR_3_5_ 

### TITLE OF RULE BEING AMENDED: Detennining Confonnity of General Federal Actions to Applicable lIriplementation Plans (General Conformity)



### IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_

THE ABOVE PROPOSED LEGISLATIVE RULE HAVING GONE TO A PUBLIC HEARING ORA PUBLIC COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WITH THE SECRETARY OF STATE AND THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FOR THEIR REVIEW,

Authorized Signature 1 

# L)

1

. (~ 

### . . 

### - .~

## 1 QUESTIONNAIRE (Please include a copy of this form with each filing of your rule: Notice of Public Hearing or Comment Period; Proposed Rule, and if needed, Emergency and Modified Rule.) 

## DATE: TO: LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FROM:(Agency Name, Address & Phone No 

## .)

LEGISLATIVE RULE TITLE:

1. Authorizing statute(s) citation

2. a. Date filed in State Register with Notice of Hearing or Public Comment Period:

b. What other notice, including advertising, did you give of the hearing?

c. Date of Public Hearing(s) or Public Comment Period ended:

d. Attach

list of persons who appeared at hearing, comments received, amendments, reasons for amendments. Attached No comments received

## 2

e. Date you filed in State Register the agency approved proposed Legislative Rule following public hearing: (be exact)

f. Name, title, address and phone/fax/e-mail numbers of agency person(s) to receive all written correspondenceregarding this rule: (Please type)

g. IF DIFFERENT

FROM ITEM ‘f’ , please give Name, title, address and phone number(s)

of agency person(s) who wrote and/or has responsibility for the contents of this rule: (Please type)

3. If the statute under which you promulgated the submitted rules requires certain findings and determinations to be made as a condition precedent to their promulgation:

a. Givethe date upon which you filed in the State Register a notice of the time and place of a hearing for the taking of evidence and a general description of the issues to be decided.

## 3

b. Date of hearing or comment period:

c. On what date did you file in the State Register the findings and determinations required together with the reasons therefor?

d. Attach findings and determinations and reasons: Attached

### 45CSR35



## TITLE 45 LEGISLATIVE RULE DIVISIONDEPARTMENTOF ENVIRONMENTAL PROTECTION

OFFICE OF AIR QUALITY SERIES 35 REQUIREMENTS FOR DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

TO APPLICABLE AIR QUALITYIMPLEMENTATION PLANS

(GENERAL CONFORMITY)
§45-35-1. General. 1.1. Scope. -- The purpose of this rule is to adoptThis rule establishes and adoptsthe requirements of 40 CFR Part 93, Subpart B, “Determining Conformity of General Federal Actions to State or Federal Implementation Plans” for the purpose of meeting the implementation plan requirements of 40 CFR §51.85 1

. The federal rule40 CFR Part 93 Subpart B was promulgated by the U.S. Environmental Protecti on Agency (USEPA) to implement Section 176(c) of the Clean Air Act ( CAA), as amended (42 U.S.C. 7401 et seq.) which requires that all federal actions conform to anyapplicable air qualityimplementation plansplan . This rule sets forth policy, codifies generalcriteria, andprocedures and requirementsfor demonstrating and assuring conformity of such activitiesactionsto allanyapplicable implementation plans developed pursuant to Section 110 and Part D of the CAA. The rule gen erally applies to federal actions except: (1) Tho se required under the transportation conformity rule [ 40 CFR Part 93, Subpart A]; (2) Actions with as sociated emissions below specified de minimis levels; and ( 3) Certain other actions which are exempt or presumed to conform to applicable air quality implementationplansplan . The Secretary hereby adopts these requirements by reference. 1.2. Authority. -- W. Va. Code §22-5-1 et seq§22-5-4

. 1.3. Filing Date. -- April 28, 1995

. 1.4. Effective Date. -- May 1, 1995

. 1.5. Incorporation by Reference. -- Federal Counterpart Regulations-Regulation. The Director Secretaryhas determined that a federal counterpart regulati on exists, and in accordance with the Director's Secretary’srecommendation, with limited exception, this rule incorporates by reference, 40 CFR Part 93, Subpart B, effective June 1, 2011

. 1.6. Former Rules. -- This legislative rule amends 45CSR 35 - “Requirements for Determining Conformity of General Federal Actions to ApplicableAir Quality Implementation Plans (General Conformity)” which was filed April 28, 1995, and which became effective May 1, 1995. §45-35-2. Definitions. For the purpose of this rule, the following definitions shall be used: 2.1. Unless specified or added below, all terms used , but not defined, shall have the meaning given them
1

### 45CSR35



## or referred to by 40 CFR Part 93, Section 93.152, “ Definitions”. 2.2 “Applicable State Implementation Plan” (SIP), [also referred to as “applicable air quality implementation plan(s)”, “applicable implementationplan(s)”, or “applicable SIP”] specifically means the West Virginia State Implementation Plan, including the most current revisions approved by the United S tates Environmental Protection Agency (USEPA) and any Federal Implementation Plan implemented in the State of West Virginia pursuant to the Clean Air Act. 2.3. “Director” means the Director of the West Virgi nia Division of Environmental Protection or such other person to whom the Director has delegated authority or duties pursuant to W. Va. Code §22-1-6 or§22- 1-8. 2.4. “Division of Environmental Protection” (DEP) me ans the Division of Environmental Protection as defined in W. Va. Code §22-1-1 et seq. 2.5. “State Governor” means the Governor of West Virginia or his or her designated representative. 2.6. “State and Local Air Quality Agency(ies)” and “State Agency” means the West Virginia Division of Environmental Protection, Office of Air Quality. 2.1. “Applicable implementation plan” or “applicable SIP” means the portion (or portions) of the state implementation plan or most recent revision thereof, which has been approved under §110(k) of the CAA, a federal implementation plan promulgated under §11 0(c) of the CAA, or a plan promulgated or approved pursuant to §301(d) of the CAA (Tribal implementati on plan or TIP) and which implements the relevant requirements of the CAA. 2.2. CAA means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). 2.3. “Secretary” means the Secretary of the Department o f Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8. 2.4. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR §93.152. Words and phra ses not defined therein shall have the meaning given to them in federal Clean Air Act. §45-35-3. Adoption of Criteria, Procedures and Requirements. 3.1. The Director hereby adopts and incorporates by reference the provisions of 40 CFR Part 93, Subpart B, including associated criteria, procedure s and requirements contained in 40 CFR Part 93, Subpart B, as in effect on January 31, 1994, for the purpos e of meeting the requirements of 40 CFR Part 51, S ubpart W, Section 51.851. §45-35-4.§45-35-3. Requirements. 4.1. 3.1. No department, agency or instrumentality of the federal government shall engage in, support in any way or provide financial assistance for, lic ense or permit, or approve any activity which does not conform to an applicable implementation plans in We st Virginia, as required and specified by 40 CFR Part

2

### 45CSR35



## 93, Subpart B plan

. 3.2. A federal agency must make a determination that a f ederal action conforms to the applicable implementation plan in accordance with the requirements of 40 CFR Part 93 Subpart B before the action is taken. 3.3 [Reserved]. 3.4. Notwithstanding any provision of 40 CFR Part 93 Subpart B, a determination that an action is in conformance with the applicable implementation plandoes not exempt the action from any other requirements of the applicable implementation plan, the National Environmental Policy Act, or the CAA. 3.5. If an action would result in emissions originating in more than one nonattainment or maintenance area, the conformity must be evaluated for each are a separately. §45-35-4. Adoption of Requirements. 4.1. The Secretary hereby adopts and incorporates by ref erence the criteria, procedures and requirements of 40 CFR Part 93 Subpart B, effectiveJune 1, 2011, for the purpose of meeting the requirements of 40 CFR §51.851. §45-35-5. Inconsistency Between Rules. 5.1. In the event of any inconsistency between this ruleand any other rule of the West Virginia Department of Environmental Protection, the inconsi stency shall be resolved by the determination of th e Secretary and the determination shall be based uponthe application of the more stringent provision, term, condition, method or rule.

3

## 45CSR35

REQUIREMENTS FOR DETERMINING CONF ORMITY OFGENERAL FEDERAL ACTIONS TO APPLICABLE AIR QUALITY IMPLEMENTATIO N PLANS (GENERAL CONF ORMITY)

RESPONSE TO COMMENTS On June 1 0 , 2011, the Division of Air Quality (DAQ ) commenced a thirty day public comment period and subsequently held a public hearing on July 11, 2011 to accept oral comments on proposed revisions to legislative rule 45CSR35. Writt en comments were also acc epted through 6:00 PM on Monda

y, July 11, 2011. No commenter submitt ed written comments regarding proposed revisions to rule 45CSR35, and no commenter provided substantive ver bal comments.

### ., .... ---- .. _--._-_.-.



## BEFORE THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

In reo Revisions to Rule 45CSR35

- Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation plans

Transcript of proceedings had at a public hearing in the above-styled matter taken at the West Virginia Department of Environmental Protection, Division of Air Quality, Conference Room, 601 57th Street, S.E. Charleston, West Virginia, commencing at 7:14 p.m., on the 11th day of July, 2011, pursuant to notice.

MISSY L. YOUNG, C.C.R.

POST OFFICE BOX 6296 CHARLESTON, WEST VIRGINIA 25362 304-205-4929 or 304-539-6192 1

### 1 

### 2 

## Proceedings

PRO C E E DIN G S MR. MASON: This public hearing will now 3 come to order on this 11th day of July, 2011, at the west 4 Virginia Department of Environmental Protection 2



## 5 Headquarters. Comments and testimony will be accepted until 6 the close of this hearing and will be made part of the 7 rulemaking record. Any question regarding revisions to the 8 rules will be included with your comments, and any such 9 question will be answered as part of the response to 10 comments in the rulemaking record. 11 The purpose of this public hearing is to 12 satisfy state rulemaking requirements by accepting comments 13 on proposed revisions to rule 45CSR35

- Requirements for 14 Determining Conformity of General Federal Actions to 15 Applicable Air Quality Implementation Plans (General 16 Conformity)

. 17 Promulgation of this rule is necessary for 18 the state to fulfill its responsibilities under the Clean 19 Air Act. The rule has been revised to more closely follow 20 the federal counterpart and be consistent with other rules. 21 The Requirements section has also been revised to include 22 updated language from the federal counterpart. After 23 promulgation, the DAQ will submit final rule 45CSR35 as a


## A1J$$'ij.i!. 'ij(Y/{IVq. 

# eea. (304) 205-4942 04 

### (304) 539-6/92

## Proceedings

1 revision to the state Implementation Plan. 2 The floor is now open for comments. There 3 being nothing further, this public hearing for proposed 4 rule 45CSR35 is concluded. 5 (WHEREUPON, the hearing was 6 concluded at 7:15 p.m.)
7 

### 8 9 

## 10
11 

## 12 

## 13 14 15 16 

## 17 18 19 20 21 

## 22 23

A1J$$'ij.f. 'ij()U!V{j. (] 

# (]R. (304) .205-494.2 <»- 

## (304) 539-6/9.2 3

## Proceedings

STATE OF WEST VIRGINIA, COUNTY OF KANAWHA, to-wit: 4



## I, the undersigned, Missy L. Young, a Certified Court Reporter and Notary Public within and for the State of West Virginia, duly commissioned and qualified, do hereby certify that the foregoing, was taken to the best of my skill and ability, a true and accurate transcript of all the proceedings had in the aforementioned matter. Given under my hand and official seal this 13th day of July 2011.

Notary Virginia
My commission expires April 15, 2018.

;/13$$?j.P. ?j()UIVtJ, 

# e. e.R. (304) 205-4942 ()JJ, 

## (304) 539-6/92

# Public Notice 2012 Proposed Rules The West Virginia Division of Air Quality has scheduled a public hearing on July 11, 2011 for its 2012 proposed legislative rules, which will take place at the Division of Environmental Protection’s Charleston headquarters, 601 57 th

## Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are availabl e from the Secretary of State’s office or from the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx

. 

## You may also obtain hard copies of the information by calling the phone number listed belo w. Written comments may be submitted to the Public Inf ormation Office at the above address. Comments may also be e-mailed to dep.comments@wv.gov . The hearing dates, locations and comment deadlines are as follows: Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modifi cation of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterio ration 45CSR16 – Standards of Performance for New Stationary Sources 45CSR18 - Control of Air Pollution from Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modifi cation of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Pollution from Hazardous W aste Treatment, Storage and Disposal Facilities 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants 45CSR35 – Requirements for Determining Conformity o f General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) 45CSR42 – Greenhouse Gas Emissions Inventory Program The public hearing for all air quality rules will take place beginning at 6 p.m. on July 11, 2011 in the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at the conclusion of the public hearing on July 11, 20 11. Upon authorization and promulgation of revisions to 45CSR8, 45CSR14, 45CSR19 and 45CSR35, the DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State Implementation Plan pursuant to the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSR18, the DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia’s Section 111(d)/129 Plan and program delegation of the federal New Source Performance Standards. Rules 45CSR16, 45CSR25 and 45CSR34 will be submitted to EPA to fulfill other federal obligations under the Clean Air Act, including dele gations, plans and program approvals. Upon authorization and promulgation of 45CSR30, the rulewill be submitted to the U.S. Environmental Protection Agency as a revision to the State’s Operating Permit Program under Title V of the federal Clean Air Act. Rule 45CSR42is proposed to be repealed. For more information on any of the DAQ rules call 3 04-926-0475.

### Volume XXVIII 

### Issue 23
June 10, 2011 

### Pages 851 -913



### A Weekly Publication

Administrative Law Division Judy Cooper, Manager

Natalie E. Tennant Secretruy of State Administrative Law Division Bldg. 1, Suite l57K 1900 Kanawha Blvd. E. Charleston, WV 25305-0770 (304) 558-6000 www.wvsos.com 

# WEST VIRGINIA REGISTER

Published by the Office of the Secretary of State

CONTENTS

I. Chronological Index II. Open Government Meetings Listing III. Price List IV. Rule Monitor V. Notices

a. Legislative Rules b. Interpretive Rules

c. Procedural Rules d. Emergency Rules

e. Legislative Rule-Making Review Committee VI. Legislative Interims VII. Orders VIII. Ethics Commission Opinions IX. Office of Tax Appeal Decisions X. Other Documents or Information Filed 

## XI. Publication Deadlines and Publication Dates

### AGENCY Administration Agriculture Air Quality Alcohol Beverage Control Comm. Athletic Commission, State Bluefield State College Bd. of Governors Broadband Deployment Council Calhoun Co. Solid Waste Auth. Commerce Concord University Consolidated Public Retirement Board Conservation Agency, WV Crime, Delinquency and Correction Eastern WV Comm. 

### & Tech. College Economic Development Authority Education Environmental Protection Ethics Commission Fairmont State University BOG Family Protection Services Bd. Forestry Governor, Office of the Governor's Office of Health Enhancement 

### & Lifestyle Planning Health Health and Human Resources Health Care Authority Health Insurance Plan Higher Education Policy Comm. Housing Development Fund Insurance Commission Kanawha Co. Solid Waste Auth. Kanawha Valley Comm. 

### & Tech. College Labor Licensed Dietitians, WV Bd. of Licensed Practical Nurses, Bd. of Exam. Medical Imaging & Radiation Therapy Tech. Bd. of Exam. Miners Health Safety 

### & Training Mountwest Comm. 

### & Tech. College Municipal Bond Comm. Municipal Home Rule Bd. Natural Resources Osteopathy PEIA, Dept. of Admin. Personnel, Div. of Physical Therapy, WV Bd. of Pierpont Comm. 

### & Tech. College Professional Engineers, WV State Bd. of Reg. for Prosecuting Attorneys Institute Public Broadcasting Racing Comm. Real Estate Comm. Region 8 Planning and Dev. Council Registered Professional Nurses, WV Bd. of School Building Authority, WV Secretary of DHHR; Insurance Comm.; Chair of the Health Care Authority Secretary of State Solid Waste Management Bd., WV South Western WV Region 2 Workforce Investment Bd. Southern WV Comm. 

### & Tech. College State Police Tourism, Div. of West Virginia University Hospitals WorkForce West Virginia WV EMSTSN WVU Parkersburg 

### PAGE(S} 

### 859 851,868,889 851-4,868,889-94,910 854,868-9,894-5 859 859 859 859 859 860 855,869,895-6 860 855,858,869,897,905 860 860 860 860 908-9 860 860 861 861 856,861,869,898 856,869,898 899 861' 906, 910-2 856,869,899 861 861-2 856-7,869-70,900-2 862 862 857-8,862,870,902,905 862 862 907 862-3,912 863 863 863 857,863,870,903 907 863 863 863 863 864 864 864 864 864 864 864-5 865 858,870,903 913 865 865 865-6 858,870,904 866 866 866 867 867

### AGENCY Agriculture (61-16)

Air Quality (45-8)

Air Quality (45-14) 

### CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I RULE/TYPE

Inspection of Meat and Poultry Legislative

Ambient Air Quality Standards Legislative

Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality Legislative 

# I AUTHORITY §19-28-3

§22-5-4

§22-5-4 

### HEARING/COMMENT PERIOD/LOCATION Written Comments Only July 15, 2011, 4:00 pm WV Dept. of Agriculture Meat and Poultry Inspection Division Attn: Robert E. Pitts DVM State Capitol 1900 Kanawha Blvd., East Charleston, WV 25305 Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57'h Street, S E Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' Street SE Charleston, WV 25304 Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57'h Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 60 1 57' Street S E Charleston, WV 25304

co V1 

# -

### AGENCY Air Quality (45-16)

Air Quality (45-18)

Air Quality (45-19) 

### CHRONOLOGICAL INDEX,**VOLUME~** 

### ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I RULSTYPE

Standards of Performance for New Stationary Sources Legislative 

# I AUTHORITY §22-5-4

Control of Air Pollution from Combustion of Solid Waste 1 

### §22-5-4 Legislative

Permits for Construction and Major Modification of Major 1 

### §22-5-4 Stationary Sources Which Cause or Contribute to Nonattainment Areas Legislative 

### HEARING/COMMENT PERIOD/LOCATION Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57'h Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' Street SE Charleston, WV 25304 Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57'h Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' Street SE Charleston, WV 25304 Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57'h Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' Street SE Charleston, WV 25304

0> V1 N

### AGENCY Air Quality 

### (45-25)

Air Quality 

### (45-30)

Air Quality 

### (45-34) CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK RULE/TYPE AUTHORITY Control of Air Pollution from Hazardous Waste Treatment, 

# I §§22-5-4 and 

### 22-18-6 Storage and Disposal Facilities Legislative

Requirements for Operating Permits 

# I §22-5-4 Legislative

Emission Standards for Hazardous Air Pollutants 1 

### §22-5-4 Legislative 

### HEARING/COMMENT PERIOD/LOCATION Public Hearing July 

### 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 

### 1125) 601 5ih Street, SE Charleston, WV 

### 25304 Written Comments July 

### 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 

### 601 

# 5i Street SE Charleston, WV 

### 25304 Public Hearing July 

### 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 

### 1125) 601 5ih Street, SE Charleston, WV 

### 25304 Written Comments July 

### 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 

### 601 5i Street SE Charleston, WV 

### 25304 Public Hearing July 

### 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 

### 1125) 601 5ih Street, SE Charleston, WV 

### 25304 Written Comments July 

### 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 

### 601 

# 5i Street SE Charleston, WV 

### 25304

00 V1 w

### AGENCY Air Quality (45-35)

Air Quality (45-42)

Alcohol Beverage Control Comm. (175-1)

Alcohol Beverage Control Comm. (175-5) CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I RUL87YPE

Determining Conformity of General Federal Actions to Applicable Implementation Plans (General Conformity) Legislative

Repeal of- Greenhouse Gas Emissions Inventory Program Legislative

Licensed Retailer Operations Legislative

Licensing of Retail Outlets Legislative 

# I AUTHORITY §22-5-4

§22-5-4

§§60-1-1-, 60-3A-1, 60-7-1

§60-3A-1 et seq. HEARING/COMMENT PERIOD/LOCATION Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 5ih Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 

# 5i Street SE Charleston, WV 25304 Public Hearing July 11, 2011, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 5ih Street, SE Charleston, WV 25304 Written Comments July 11, 2011, 7:00 pm Public Information Office WV**De~t.** 

### of Environmental Protection 601 

# 5i Street SE Charleston, WV 25304 Written Comments Only July 5, 2011, 8:30 am Anoop Bhasin, Esq. WVABCA General Counsel 322 70th Street, SE Charleston, WV 25304-2900 Written Comments Only July 5, 2011, 8:30 am Anoop Bhasin, Esq. WVABCA General Counsel 322 70th Street, SE Charleston, WV 25304-2900

00 V1**~**

### AGENCY 

# I Consolidated Public Retirement Board (162·5)

Consolidated Public Retirement Board (162-7)

Consolidated Public Retirement Board (162·9)

Crime, Delinquency and Correction (149-2)

Crime, Delinquency and Correction (149-6)

----- 

### CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK RULE/TYPE 

# I AUTHORITY 

# I HEARING/COMMENT PERIOD/LOCATION Public Employees Retirement System §5-10D-1 Written Comments Only Legislative July 5, 2011, 1 :00 pm Terasa L. Miller, Acting Executive Director WV Consolidated Public Retirement Bd. 4101 MacCorkle Avenue, SE Charleston, WV 25304 Refund, Reinstatement, Retroactive Service, Loan and §5-10D-1 Written Comments Only Employer Error Interest Factors July 5, 2011, 1:00 pm Legislative Terasa 

### L. Miller, Acting Executive Director WV Consolidated Public Retirement Bd. 4101 MacCorkle Avenue, SE Charleston, WV 25304 West Virginia State Police §5-10D-1 Written Comments Only Legislative July 5, 2011, 1 :00 pm Terasa L. Miller, Acting Executive Director WV Consolidated Public Retirement Bd. 4101 MacCorkle Avenue, SE Charleston, WV 25304 Law Enforcement Training Standards §30-29-3 Written Comments Legislative July 6, 2011, 5:00 pm Retired Captain Chuck Sadler Law Enforcement Training Coordinator DJCS 1204 Kanawha Boulevard East Charleston, WV 25301 Motor Vehicle Search Standards §62-1 A-11 Written Comments Legislative July 6, 2011, 5:00 pm Retired Captain Chuck Sadler Law Enforcement Training Coordinator DJCS 1204 Kanawha Boulevard East Charleston, WV 25301

-- ------ -------------- ------- ---------- ----- --------- ---- .

'

'

00 V1 V1I



### AGENCY 

# I Governor's Office of Health Enhancement and Lifestyle Planning (210-1)

Health (64-89B)

Health Insurance Plan (113-1)

Insurance Commission (114-2)

Insurance Commission (114-20) 

### CHRONOLOGICAL INDEX, VOLUME 

# m!U ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK RULE/TYPE 

# I AUTHORITY HEARING/COMMENT PERIOD/LOCATION Prescription Drug Advertising Expense Reporting §16-29H-8 Written Comments Only Legislative July 5, 2011, 5:00 pm GOHELP 1124 Smith Street, Suite 105 Charleston, WV 25301 GOHELP@wv.gov Credentialing Verification Organization §§16-1A-9 and 33-2-10 Written Comments Only Legislative July 8, 2011, 5:00 pm Timothy Murphy, Associate Counsel WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@wvinsurance.gov Premium Subsidy §33-48-7b Written Comments Only July 8, 2011, 5:00 pm Timothy Murphy, Associate Counsel WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@wvinsurance.gov Licensing and Conduct of Insurance Producers and §33-2-1 0 Written Comments Only Agencies July 8, 2011, 5:00 pm Legislative Timothy Murphy, Attorney Supervisor WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@ wvinsurance.gov Surplus Lines Insurance §33-2-10 Written Comments Only Legislative July 8, 2011, 5:00 pm Timothy Murphy, Associate Counsel WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@ wvinsurance.gov

co VI 01 I

### AGENCY 

# I Insurance Commission (114-35)

Insurance Commission (114-42)

Insurance Commission {114-93)

Labor (42-10)

Natural Resources (58-27)**~** 

### CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK RULE/TYPE 

# I AUTHORITY HEARING/COMMENT PERIOD/LOCATION Insurance Holding Company Systems §§33-2-1 0 and 33-27- Written Comments Only Legislative 14 July 8, 2011, 5:00 pm Timothy Murphy, Associate Counsel WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@wvinsurance.gov Continuing Education for Individual Insurance Producers §§33-2-10 and 33-12- Written Comments Only Legislative 35 July 8, 2011, 5:00 pm Timothy Murphy, Attorney Supervisor WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@wvinsurance.gov Mini COBRA §33-2-1 0 Written Comments Only Legislative July 8, 2011, 5:00 pm Timothy Murphy, Associate Counsel WV Offices of the Insurance Commission PO Box 50540 Charleston, WV 25305-0540 Timothy.Murphy@wvinsurance.gov Zipline and Canopy Tour Responsibility Act §§21-15-6 and 21-15-8 Written Comments Only Legislative July 8, 2011, 5:00 pm David W. Mullins, Commissioner Division of Labor State Capitol Complex Building 6, Room B-749 Charleston, WV 25305 Special Motorboating Regulations §§20-7-22 and 20-7-23 Written Comments Only Legislative July 8, 2011, 5:00 pm 

## Lt. Col. Jerry B. Jenkins, Deputy Chief Div. of Natural Resources, Law Enforcement Sec. 324 Fourth Ave., Building 74 South Charleston, WV 25303-1228

-----

co 111



### .....

### CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 23 NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK AGENCY 

# I RULE/TYPE 

# I AUTHORITY HEARING/COMMENT PERIOD/LOCATION 

### Secretary of DHHR; All-Payer Claims Database Program's Privacy and §33-4A-8 Written Comments Only Insurance Commissioner; Security Rule July 8, 2011, 5:00 pm and Chair of the Health Care Legislative Timothy Murphy, Attorney Supervisor Authority WV Offices of the Insurance Commission (114A-02) PO Box 50540 Charleston, WV 25305-0540**Timoth~.Mur[2h~@wvinsurance.gov** 

### State Police Organizational Structure §§15-2-2,3 & 4 Written Comments Only (81-13) Interpretive July 10, 2011, 12:00 pm F/Lt. Joe White WV State Police Executive Office 725 Jefferson Road South Charleston, WV 25309

NEW EMERGENCY RULES FILED THIS WEEK AGENCY RULE/TYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING 

### Crime, Delinquency and Law Enforcement Training Standards §30-29-3 ERD by July 14, 2011 July 6, 2011 Correction (149-2) Labor Zipline and Canopy Tour Responsibility §§21-15-6 and 21-15- ERD by July 20, 2011 July 8, 2011 (42-10) Act

----------**-~-~------------------** 

### cJL_

____

00 U'1 00 I

I

I

### MEETING NOTICES Open Governmental**Proceedin~s** 

### Act §6-9A et seq. Agency 

# I Date Filed 

## I Purpose Administration, Department of 3/3/2011 Contact Cedric Greene at (304) 558-4331. 

### Committee for the Purchase of Commodities and Services from the Handicapped Athletic Commission, State 6/8/2011 I) Discussion of and approval to draft and publish for comment legislative rules regarding mixed martial arts. 2) Discussion of and guidance regarding advisability of emergency rules regarding mixed martial arts. Bluefield State College Board of 4/22/2011 Regular meeting of the BSC Board of Governors. Governors

Broadband Deployment Council 5/5/2011 regular monthly meeting Calhoun County Solid Waste 6/8/2011 Regular monthly meeting Authority

Commerce 5/13/2011 regular monthly meeting; will review previously submitted diesel equipment packages. 

### Diesel Equipment Commission Commerce 5/24/2011 Monthly meeting; will also meet June 17. 

### Mine Safety Technology TASK FORCE Commerce 5/13/2011 Monthly meeting, but meeting is tentative; 

### Coal Mine Health and Safety Board Commerce 5/24/2011 second day monthly meeting 

### Mine Safety Technology TASK FORCE Commerce 5113/2011 regular monthly meeting; will review previously submitted diesel equipment packages. 

### Diesel Equipment Commission

----- ---- - - ---·-



### *This meeting was filed late and does not comply with the Open Governmental Proceedings Act 

# I Meeting Date/Location
June 15,2011 10:00 AM Hancock County Sheltered Workshop 1100 Pennsylvania Avenue Weirton, WV 26062 June 17,2011 10:00 AM Room 313W State Capitol Building

June 16, 2011 6:45 PM Private Dining Room Harris-Jefferson Student Center BSC's Bluefield campus June 15,2011 9:00AM Building 6, Room 6A June 18,2011 3:00PM Cabot Recycling Station 2 miles west of Grantsville 2427 W. Little Kanawha Hwy June 22,2011 10:00 AM Days Hotel, Sutton, (Flatwoods), WV June 16, 2011 10:00 AM Days Hotel Flatwoods, (Sutton) WV June 15,2011 10:00 AM Country Inn & 

### Suites Charleston, WV June 17, 2011 9:00AM Days Hotel Flatwoods (Sutton), WV June 22, 2011 10:00 AM Days Hotel Sutton, (Flatwoods), WV i

00 U1 10

# . Agency Date Filed
Concord University 5/26/2011 Regularly scheduled meeting, election of officers, committee reports, administrative reports Board of Governors

Conservation Agency, West 6/1/2011 Personnel Action Virginia WV State Conservation Committee Eastern WV Community & 

### 6/6/2011 Regular meeting of the Board of Governors Technical College Board ofGovernors Economic Development Authority 6/8/2011 Regular monthly meeting.

Education 5/1812011 The West Virginia Board of Education's Professional Development Committee will meet to conduct routine business. The agenda will be WVBE Professional Development posted at http://wvde.state.wv.us three business days prior to the Committee meeting. Environmental Protection 5/11/2011 SR Fund Advisory Council: Focus Group Progress Special Reclamation Fund Advisory Council Environmental Protection, Dept. of 5/20/2011 HEARING/Continuance to Docket 84. In the matter of the request by GeoMet Operating, Inc. for the creation of a drilling unit known as the Coalbed Methane Review Board Rogers Well 222 WV -Q26 and pooling of interest therein in a 29.27 acres in the Sandy River District of McDowell County, West Virginia.

Fairmont State University Board of 5/1312011 Regular Scheduled Meeting Governors
Family Protection Services Board 6/6/2011 Regular meeting

*This meeting wasfiled late and does not comply with the Open Governmental Proceedings Act 

### Meetin Date/Location
June 21, 2011 9:00AM The Concord Room Marsh Hal1201A Concord University Athens, WV 24712 June 16, 2011 I :00 PM Gus R. 

### Douglass Agricultural Center Guthrie, Charleston June 15,2011 12:00 PM 316 Eastern Drive Moorefield, WV 26836 June 16, 2011 10:30 AM Flatwoods Days Hotel & 

### Conference Center 2000 Sutton Lane Sutton, West Virginia June 22, 2011 I :00 PM Capitol Building 6, Room 353 1900 Kanawha Boulevard, East Charleston, West Virginia June 16,2011 10:00 AM WVDEP 60 I 57th Street Charleston, WV 25304 Room 3001 June 16,2011 10:00 AM Department of Environmental Protection Coalbed Methane Review Board 60 l 57th Street, SE Charleston, WV 25304 304-926-0499 Ext 1656 June 16, 2011 9:00AM Board Room, Falcon Center 1201 Locust Avenue Fairmont, WV June 16,2011 10:00 AM Division of Justice and Community Services 1204 Kanawha Boulevard, East Charleston I

00 en 0

### MEETING NOTICES en Governmental Proceedin s Act §6-9A et se • Agency Date Filed Purpose Meeting Date/Location Forestry, Division of 5/23/2011 Regular meeting of advisory council to the state urban forestry program. June 15, 2011 10:00 AM

I 

### Ryan's Restaurant 

### Urban & 

### Community Forestry Bridgeport, WV 

### Council GO HELP 5/24/2011 Regularly scheduled Advisory Council Meeting June 22, 2011 12:00 AM WV Insurance Commission Conference Room 

### Advisory Council Meeting 1124 Smith Street, Room 400 Charleston, WV Governor, Office of the 6/8/2011 Public organizational meeting to discuss the procedures and June 16, 2011 9:00AM requirements related to the vacancy in the Fourteenth Family Court W. Kent Carper Justice and Public Safety 

### Judicial Vacancy Advisory Judicial Circuit.; Non-Organizational Meeting to conduct interviews of Complex 

### Commission candidates for the Fourteenth Family Court Judicial Circuit pursuant to First Floor Conference Room section 3-I0-3a(h).; Organizational meeting to discuss the procedures 30 I Virginia Street, East and requirements related to any other upcoming judicial vacancies.; An Charleston, West Virginia agenda will be available three days prior to the meeting at the Office of the Governor, Office of General Counsel, Room M-146, State Capitol, Building I, Charleston, West Virginia. Health Care Authority 611/2011 I)Grants; 2)FY 2012 Assessments; 3)MRT Standards; June 15,2011 !1:00AM 4)Jackson General Hospital- delinquent assessment; 5)West Virginia HCA's Large Conference Room Dee Drive 

### Board Meeting Health Information Network Rule- proposed legislative rule; 6)Routine Business Higher Education Policy 6/8/2011 To conduct regular business before the next regular meeting June 22, 2011 3:00PM Commission Presidents' Conference Room 9th Floor 

### Committee of the Whole I 018 Kanawha Boulevard East Charleston, WV and by conference call Higher Education Policy 6/8/2011 Regular Board Meeting June 16, 2011 10:00 AM Commission, WV West Virginia Regional Technology Park 1740 Union Carbide Drive 

### Division of Science and Research Building 740, Conference Room 1308 

### Council Advisorv Board South Charleston, WV 25303-2732 Housing Development Fund, WV 5/25/2011 Minutes of the March 8, 20 II Meeting; Consideration of the Financials June 14, 2011 9:00AM for the period ended April 30, 2011; Report of the Audit Committee; West Virginia Housing Development Fund Recommended Changes to the Housing Development Fund's Investment 814 Virginia Street, East Policies; Allocation of Resources; Consideration of a Plan of Finance

- Charleston, WV 25301 Bond Refunding Opportunities; Update of New Building; and other urgent business.



### *This meeting was filed late and does not comply with the Open Governmental Proceedings Act
(X)**~**

### MEETING NOTICES Ol>fl_n Governmental Proceedings Act §6-9A et seq. Agency 

# I Date Filed 

# I Purpose Housing Development Fund, WV 5/25/2011 Minutes of the March 8, 2011 Meeting;Recommended Changes to the Housing Development Fund's Investment Policies; Auditor's Required Audit Committee Communications with those charged with governance; and other urgent business. Kanawha County Solid Waste 6/6/2011 Regular monthly meeting Authority

Kanawha Valley Community and 6/1/2011 To go over the Presidents Comprehensive Annual Review. Technical College Board ofGovernors Presidents Evaluation Committee Kanawha Valley Community and 611/2011 To conduct a regularly scheduled meeting. Technical College Board of Governors Labor 6/6/2011 Manufactured Housing Teleconference Agenda: Manufactured Housing I. General Discussion 2. Applications Labor 5/24/2011 Contractor Licensing Board Meeting Agenda: Contractor Licensing 1. Public Comment 2. Disciplinary Hearing 3. General Discussion Licensed Dietitians, WV Board of 6/2/2011 Annual Board Meeting

Licensed Practical Nurses, Board 5113/2011 Regular Meeting. Agenda is posted on Board's website at of Examiners www.lpnboard.state.wv.us

Miners Health Safety 

### & Training 5/31/2011 Map class

- Must be pre-registered Mine Inspector Examining Board

•This meeting wasfiled late and does not comply with the Open Governmental Proceedings Act 

# I Meeting Date/Location
June 14, 2011 8:00AM West Virginia Housing Development Fund 814 Virginia Street, East Charleston, WV 25301 June 21,2011 10:00 AM Kanawha County Solid Waste Authority 600 Slack Street Charleston, WV June 14,2011 1:00PM Erickson Alumni Center Cleveland Room West Virginia State University Campus Institute, West Virginia June 14, 2011 2:30PM Erickson Alumni Center Grand Hall West Virginia State University Campus Institute, West Virginia June 15,2011 10:00 AM Office of the WV Division of Labor Bldg. 6, Rm. 749-B, Capitol Complex Charleston, WV 25305 June 16,2011 9:00AM Office of the WV Division of Labor Building 6, Room B749, Capitol Complex Charleston, West Virginia 25305 June 21, 2011 5:00PM 723 Kanawha Blvd., Room I 05 Union Building Charleston, WV 25301 June 15, 2011 9:30AM 101 Dec Drive Large Conference Room Charleston WV 25311 June 16,2011 6:30PM Mine Health 

### & Safety Academy 1301 Airport Road Beaver, WV 25813

00 

# "' N

### MEETING NOTICES en Governmental Proceedin s Act §6-9A et se • Agency Date Filed Purpose
Miners Health Safety 

### & Training 5/31/2011 Underground Mine Inspector Exam and Safety Instructor Examinationmust be pre-registered 

### Mine Inspector Examining Board Mountwest Community 

### & 6/6/2011 Regularly scheduled monthly meeting of the Board. The agenda will be Technical College posted to www.mctc.edu. Copies may also be obtained by calling 304- 696-3787. 

### Institutional Board ofGovernors Municipal Bond Commission, WV 5/27/2011 Regular tri-annual meeting

Municipal Home Rule Board 6/1/2011 Regular Business Meeting

Natural Resources, WV Div. of 5/25/2011 Board Meeting 

### WV Wildlife Endowment Fund Board ofTrustees MeetinK PEIA, Department of 3/10/2011 Quarterly Financial Review; Agenda Items: Administration Roll Call; Call to Order; Approval of Minutes; Financial Update; Actuarial Update; Director Update; Old Business; New Business; 

### WV Retiree Health Benefit Trust Schedule Next Meeting. This Agenda is tentative and subject to change. 

### Fund And PEIA Finance Board Personnel, Division of 6/2/2011 Regularly scheduled meeting of the State Personnel Board. 

### State Personnel Board
Physical Therapy, WV Board of 4/25/2011 Quarterly board meeting

Pierpont Community 

### & Technical 12/2/2010 Conduct regular business for the Board of Governors College 

### Board of Governor's

*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

### Meeting Date/Location June17,2011 8:00AM Mine Health 

### & Safety Academy 1301 Airport Road Beaver, WV 25813 June 17, 2011 8:00AM Mountwest CTC Cooking 

### & Culinary Institute 917 Third A venue Huntington, WV June 21, 2011 1:30PM Office of Cabinet Secretary Department of Revenue, Conference Room Suite 300, West Wing Capitol Building June 16, 2011 10:30 AM State Capitol Complex Bldg. 6, Conference Room 6a Charleston, West Virginia June 22, 2011 2:00PM Division of Natural Resources 324 4th Ave. South Charleston, WV 25303 June 22, 2011 1:00PM 601 57th Street SE Canaan Valley Room 1041 Charleston West Virginia 25304-2345 June 16,2011 2:00PM State Capitol Complex, Building 6, Room 426, Charleston, WV. Agenda can be found at http://www. state. wv. us/admin/personnellempco m/minutes/default.htm June 22, 2011 10:00 AM WV Board of Physical Therapy 101 Dec Drive Charleston, WV 25311 June 21,2011 2:00PM Falcon Center Board Room

---- -----

(X) 0'1 w

### MEETING NOTICES en Governmental Proceedin s Act §6-9A 

### et se . A 

### enc Date Filed**Purpo~----------** ------------ 

### Professional Engineers, WV State 12/2/2010 To conduct a regularly scheduled Board Meeting. An agenda will be Bd. of Reg. for available at least 3 business days prior to the meeting by contacting the Board office. Prosecuting Attorneys Institute, 6/6/2011 General Executive Council Summer Meeting 

# wv Public Broadcasting, WV 6/6/2011 meeting for Friends board Friends ofWV Public Broadcasting Racing Commission 617/2011 Emergency meeting regarding maintenance of cash controls and possible termination and replacement of license clerk at Wheeling Island racetrack, and good cause order permitting delayed implementation of tote software at Wheeling Island and Charles Town Races beyond effective rule date of July 10, 2011. Call-in information will be available on the Racing Commission website. Real Estate Commission 617/2011 Regular Meeting
Region 8 Planning and 6/3/2011 Annual Meeting and Reception Development Council Registered Professsiona1 Nurses, 617/2011 To review disciplinary cases. CLOSED TO THE PUBLIC. WV Board of Disciplinarv Review Committee Registered Professsiona1 Nurses, 5/24/2011 Regular Board Meeting WV Board of
Registered Professsional Nurses, 617/2011 To review disciplinary cases. CLOSED TO THE PUBLIC. WV Board of Disciplinarv Review Committee Registered Professsional Nurses, 5/24/2011 Regular Board Meeting WV Board of



### *This meeting was filed late and does not comply with the Open Governmental Proceedings Act**_M~~ting** 

### Date/Location
June 19,2011 9:00AM WV PE Board Office 300 Capitol Street- Suite 910 Charleston, WV 25301 June 15,2011 5:00PM Snowshoe Resort & 

### Conference Center Conference Room Williams June 15,2011 1:00PM 600 Capitol Street Charleston, WV June 8, 2011 3:00PM Racing Commission Headquarters Conference Call 106 Dec Drive, Suite 2 Charleston, WV 25311 June 22,2011 9:00AM 300 Capitol Street, Suite 400 Charleston, WV 25301 June 16, 2011 6:00 PM Landes Arts Center, Mt. View Street Petersburg, WV June 15,2011 8:00AM WV RN Board Offices 101 Dee Drive, Suite 102 Charleston, WV 25311 June 15, 2011 9:00AM Board Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311 June16,2011 8:00AM WV RN BRD Offices 101 Dee Drive, Suite 102 Charleston, WV 25311 June 17, 2011 9:00AM Board Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311

co en 

### """

### MEETING NOTICES en Governmental Proceedin s Act §6-9A et se . Agency Date Filed Purpose Registered Profcsssional Nurses, 5/24/2011 Regular Board Meeting WV Board of

School Buiding Authority of WV 6/6/2011 Emergency Meeting AGENDA: I Call To Order; II Wayne County's Request for Emergency Grant Funds

- Kenova Elementary

- Action; III Adjournment.

.. 

### Solid Waste Management Board, 617/2011 Review of Grant Applications Submitted for the FY 2012 Grant 

# wv Program 

### Grants Committee Solid Waste Management Board, 617/2011 Financial Statements, Tucker County, Pleasants County and Monroe 

# wv County Solid Waste Authorities Comprehensive Litter and Solid Waste Control Plan Updates, Tucker County and Pleasants County Solid Waste Authorities Commercial Solid Waste Facility Siting Plan Updates and Calhoun County Solid Waste Authority FY 2011 Grant Budget Revision Request Solid Waste Management Board, 617/2011 FY 2013 Proposed Budget and the Total Aggregate Amount of Grant 

# wv Funds available for the FY 2012 Grant Program 

### Finance Committee South Western WV Region 2 6/8/2011 Qtly Full !Board Meeting. Agenda includes SWWV Region 2 WIB Workforce Investment Board Board By-Laws; Board Membership Appointment Process; Agrecmcnt/WV State Univ versity Research 

### & Dcvclomcnt Corp/WV 

### Full Board Education 

### & The Arts; Presentations re WV FAIR and OJT: HRDF INC with Steel ofWV Southern West Virginia 4/6/2011 Regular business meeting of the Southern West Virginia Community Community and Technical College and Technical College Board of Governors. General business of the Board will be considered. The meeting agenda will be posted three days 

### Board of Governors prior to the meeting at www.southernwv.edu



### *This meeting wasfiled late and does not comply with the Open Governmental Proceedings Act 

### Meeting Dateff,ocati()n
June 16,2011 9:00AM Board Conference Room 101 Dec Drive, Suite 102 Charleston, WV 25311 June 9, 2011 12:00 PM Emergency Teleconference Meeting The Host Conference Call is being generated out of the SBA office at 2300 Kanawha Blve E . Charleston, WV 25312 June 15,2011 10:30 AM Conference Room 1041 DEP Building 601 57th Street, SE Charleston, WV 25304 June15,2011 ll:OOAM Conference Room 1041 DEP Building 601 57th Street, SE Charleston, WV 25304 June 15,2011 10:00 AM Conference Room 1041 DEP Building 601 57th Street, SE Charleston, WV 25304 June 15,2011 2:00PM WorkForce WV One-Stop 2699 Park Avenue Huntington WV June 21,2011 6:00PM Southern West Virginia Community and Technical College 2900 Dempsey Branch Road, Room 428, Building C Mount Gay, WV I

00 en V1

### MEETING NOTICES n Governmental Proceedin s Act §6-9A et se . A enc Date Filed Pur ose Southern West Virginia 5/16/2011 Quarterly meeting of the Boone County Joint Administrative Board of Community and Technical College Southern West Virginia Community and Technical College and the I and the Boone County Boon! of 

### Boone County Board of Education.

Education Boone County Joint Administrative Board 

### Tourism, Division of 6/9/2011 To discuss the following: media, logo, and destination eligibility within the matching advertising partnership program; tracking requirements; Best Practices Sub-Committee 

### updating destination marketing organization requirements. Tourism, WV Div. of 611/2011 Quarterly Grant Meeting Grant Meeting_ 

### Tourism, WV Division of 5/ll/2011 Monthly Commission Meeting WV Tourism Commission 

### West Virginia University Hospitals 5/19/2011 For discussion of finance matters pertaining to West Virginia University Hospitals. Filumce & 

### Planning Committee 

### West Virginia University Hospitals 5/19/2011 For discussion of quality matters pertaining to West Virginia University Hospitals. Quality & 

### Patient Safety Committee 

### West Virginia University Hospitals 5119/2011 For discussion of quality matters pertaining to West Virginia University Hospitals. Compliance & 

### Audit Committee 

### West Virginia University Hospitals 5/19/2011 For discussion of business matters pertaining to West Virginia University Hospitals. Board of Directors 

### WorkForce West Virginia 6/7/2011 Monthly Workforce Investment Board's Director's meeting. Topics include but not limited to: Workforce Investment Board 

### I. WVU Extension Services- Julie Cryser Director's 

### 2. Local Plan Update 3. Fiscal 4. Open Discussion

*This meeting wasfiled late and does not comply with the Ope11 Govemmental Proceedings Act 

### Meetin Date/Location
June 15,2011 9:30AM Southern WV Community and Technical College 3505 Daniel Boone Parkway Room 110-B Foster, WV 25081 June 16,2011 10:00 AM WV Division of Tourism 90 MacCorkle Ave., SW South Charleston, WV 25303 June 16, 2011 1:00PM 90 MacCorkle Ave SW So Charleston WV 25303 June 17, 2011 10:00 AM 90 MacCorkle Ave SW So Charleston WV 25303 June 17,2011 9:00AM J.W. Ruby Boardroom 2nd floor of Ruby Memorial Hospital Morgantown, WV June 17,2011 9:00AM Administrative Conference Room 2nd floor of Ruby Memorial Hospital Morgantown, WV June 17, 2011 II :00 AM HIM Room 1st floor of Ruby Memorial Hospital Morgantown, WV Junel7,2011 !2:30PM J.W. Ruby Boardroom 2nd floor of Ruby Memorial Hospital Morgantown, WV June 16,2011 10:00 AM WorkForce Conference Center 1321 PlazaEast Charleston, WV 25305 I

00 en en

### MEETING NOTICES Open Governmental Proceedings Act §6-9A et seq. Agency 

# I Date Filed 

# I Purpose WVEMSTSN 617/2011 Quarterly Board of Directors Meeting 

### EMSOR Board Meeting WVEMSTSN 617/2011 Quarterly Board of Directors Meeting! 

### WRMS-EMS Board of Directors WVU Parkersburg 5/23/2011 A regular meeting of the Board of Governors to include final budget, salary increases, salary policy, tuition reduction policy, articulation 

### Board of Governors agreement for high school foreign language courses, approval of bid awards, program reviews, program suspension-paramedic sciences, revision of institutional admissions, BAS in Child Development, AAS in 3-D Modeling and Institutional Community College Compact. A complete agenda will be posted online at**\\f\VW.WVIJp_._eQIJiboard~of_governors** 

### prior to the Board meeting.



### *This meeting wasfiled lilte and does not comply with the Open Govemmental Proceedings Act 

## I Meeting Date/Location
June 15,2011 1:00PM Greenbank in Pocahontas county. June 20,2011 6:30PM Summers County EMS June 15, 2011 3:00PM WVU Parkersburg President's Conference Room 300 Campus Drive Parkersburg, WV and by conference call

co 

# "'

.......

## AGENCY 

## Agriculture (61-16) Air Quality (45-8) Air Quality (45-14) Air Quality (45-16) Air Quality (45-18) Air Quality (45-19) Air Quality (45-25) Air Quality (45-30) Air Quality (45-34) Air Quality (45-35) Air Quality (45-42) Alcohol Beverage Control Commission (175-1)

--------- --- ----------------- - - 

## PRICE LIST RULE/ORDER 

## Inspection of Meat and Poultry Ambient Air Quality Standards Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality Standards of Performance for New Stationary Sources Control of Air Pollution from Combustion of Solid Waste Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities Requirements for Operating Permits Emission Standards for Hazardous Air Pollutants Determining Conformity of General Federal Actions to Applicable Implementation Plans (General Conformity) Repeal of- Greenhouse Gas Emissions Inventory Program Licensed Retailer Operations

------**-~ -~**  - -**~---------** ------**~** 

## AMOUNT 

## $4.00 $16.70 $12.90 $21.90 $21.00 $12.50 $10.80 $12.80 $40.80 $10.00 $5.00 $7.20 ' i

00 en 00

## Alcohol Beverage Control Commission (175-5) Consolidated Public Retirement Board (162-5) Consolidated Public Retirement Board (162-7) Consolidated Public Retirement Board (162-9) Crime, Delinquency and Correction (149-2) Crime, Delinquency and Correction (149-2, emergency) Crime, Delinquency and Correction (149-6) Governor's Office of Health Enhancement and Lifestyle Planning (210-1) Health (64-89B) Health Insurance Plan (1 13-1) Insurance Commission (114-2) Licensing of Retail Outlets

Public Employees Retirement System
Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors

West Virginia State Police

Law Enforcement Training Standards

Law Enforcement Training Standards

Motor Vehicle Search Standards
Prescription Drug Advertising Expense Reporting

Credentialing Verification Organization Premium Subsidy Licensing and Conduct of Insurance Producers and Agencies $9.60
$5.00
$4.40
$5.00
$12.20
$12.40
$4.40
$5.00

$4.60 $3.80 $5.20

00 a> <D

## Insurance Commission (114-20) Insurance Commission (114-35) Insurance Commission (114-42) Insurance Commission (114-93) Labor (42-10) Labor (42-10, emergency) Natural Resources (58-27) Secretary of DHHR; Insurance Commissioner; and Chair of the Health Care Authority (114A-2) State Police (81-13) Surplus Lines Insurance
Insurance Holding Company Systems Continuing Education for Individual Insurance Producers Mini COBRA Zipline and Canopy Tour Responsibility Act Zipline and Canopy Tour Responsibility Act Special Motorboating Regulations All-Payer Claims Database Program's Privacy and Security Rule

Organizational Structure**~--- ~----·-·**  -··· 

## $10.80 $11.40 $5.60 $4.20 $4.00 $4.60 $3.20 $22.50

$3.60 '

co 

## ..., 0Office of the Secretary of State Building I, Suite 157-K 1900 Kanawha Blvd., East Charleston, West Virginia 25305 

# Natalie E. Tennant Secretary of State State of West Virginia Telephone: (304) 558-6000 Toll Free: 1-866-SOS-VOTE Fax: (304) 558-0900 www.wvsos.com



### GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER Column 

### 1. Agency Name, (Title and Series Number} Column 

### 2. Rule Title, Price and Type Column 

## 3. Date Notice of Public Hearing or Comment Period Filed Column 

## 4. Date of Public Hearing or Last Date Comments Will Be Received Column 

## 5. Date Emergency Rule Filed, Emergency Amendments Filed, Emergency Rule Decision (ERD} Number & Date ERD Filed (Effective Date of Emergency Rule} Column 

## 6. Date Agency Approved Legislative Rules Filed. Column 

## 7. Date Review by the Legislative Rule-Making Review Committee & Action Taken **Please Note** The Board of Education, Board of Trustees & Board of Directors File Their Rules With the Educational Over-Sight Committee Column 

### 8. Legislative Action Column 

## 9. Date Agency Final Files Legislative, Procedural or Interpretive Rules. This is the Final Step for Procedural & Interpretive Rules Column 

### 10. Date Rule is Effective
• Titles followed by an asterisk (**) indicate that the rule is in effect as an emergency • Emergency rules will not have a "Notice• date until the agency files one but the rule will appear in Columns 1, 2 & 

### 5. An Agency must file for either a public hearing or public comment period either before filing as an emergency or no more than 30 days after filing the rule as an emergency • If more than one date appears in a column, it means the agency has repeated that step (ex.- holding an additional public hearing}
• If a particular step is not required by law for a particular rule, the "N/A" will appear in the excluded step column
• Once a rule becomes effective & 

### the effective date appears in Column 10, the rule will be removed from the monitor after the rule is distributed in the loose leaf version of the Code of State Rules 871

### TITLE NUMBER

TITLE 3 TITLE 7 TITLE 10 TITLE 11 TITLE 13 TITLE 14 TITLE 15 TITLE 16 TITLE 17 TITLE 20 TITLE 24 TITLE 25 TITLE 26 TITLE 27 TITLE 29 TITLE 33 TITLE 35 TITLE 36 TITLE 38 TITLE 42 TITLE 45 TITLE 47 TITLE 48 TITLE 56 TITLE 58 TITLE 60 TITLE 61 TITLE 63 TITLE 64 TITLE 65 TITLE 69 TITLE 76 TITLE 78 TITLE 81 TITLE 82 TITLE 85 TITLE 86 TITLE 87 TITLE 90 TITLE 91 TITLE 94 TITLE 96 TITLE 110 TITLE 112 TITLE 113 TITLE 114 TITLE 126 TITLE 127 TITLE 133 TITLE 135 TITLE 143 TITLE 144 TITLE 146 TITLE 148 TITLE 149 TITLE 150 TITLE 153 TITLE 157 TITLE 158 TITLE 162 TITLE 172 TITLE 175 TITLE 176 TITLE 177 TITLE 178 TITLE 179 TITLE 184 TITLE 190 TITLE 191 TITLE 199 TITLE 204 TITLE 205 TITLE 207 TITLE 210 

### CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES NAME OF AGENCY

BARBERS AND COSMETOLOGISTS PROFESSIONAL ENGINEERS LICENSED PRACTICAL NURSES MEDICINE OCCUPATIONAL THERAPY OPTOMETRY PHARMACY PHYSICAL THERAPY PSYCHOLOGISTS SANITARIANS OSTEOPATHY SOCIAL WORK EXAMINERS VETERINARY MEDICINE COUNSELING SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TITLE 47) OFFICE OF OIL AND GAS COAL MINE HEALTH & SAFETY MINING & RECLAMATION LABOR OFFICE OF AIR QUALITY OFFICE OF WATER RESOURCES MINES TRAINING EDUCATION 

### & CERTIFICATION MINERS' HEALTH, SAFETY AND TRAINING NATURAL RESOURCES ENVIRONMENTAL PROTECTION, SECRETARY'S OFFICE AGRICULTURE CONSERVATION AGENCY HEALTH HEALTH CARE AUTHORITY HEALTH & HUMAN RESOURCES SENIOR SERVICES HUMAN SERVICES STATE POLICE CULTURE AND HISTORY WORKERSCOMPENSATION BY THE INSURANCE COMMISSION VETERANS AFFAIRS FIRE COMMISSION CORRECTIONS MOTOR VEHICLES REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY WORKFORCE WEST VIRGINIA TAX DEPARTMENT TREASURER HEALTH INSURANCE PLAN INSURANCE EDUCATION SECONDARY SCHOOLS ACTIVITIES COMM. HIGHER EDUCATION POLICY COMMISSION COMMUNITY 

### & TECHNICAL COLLEGE EDUCATION PERSONNEL TOURISM STATE ELECTION COMMISSION ADMINISTRATION CRIME, DELINQUENCY AND CORRECTION PUBLIC SERVICE COMMISSION SECRETARY OF STATE DIVISION OF HIGWAYS ETHICS COMMISSION CONSOLIDATED PUBLIC RETIREMENT BOARD STATE RAIL AUTHORITY ALCOHOL BEVERAGE CONTROL COMMISSION ALCOHOL BEVERAGE CONTROL COMMISSION- BEER ATHLETIC COMMISSION RACING COMMISSION LOTTERY PARKWAYS ECONOMIC DEV. 

### & TOURISM AUTHORITY REAL ESTATE APPRAISER LICENSING & CERTIFICATION BOARD FAMILY PROTECTION SERVICES BOARD EXPLOSIVES 

### & BLASTING HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY OUTDOOR HERITAGE CONSERVATION FUND COALFIELD COMMUNITY DEVELOPMENT GOHELP 872RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Administration Certification for Small, Women and 5/31/2011 7/1/2011 (148-22) Minority-Owned Business $4.00 Legislative Agriculture West Virginia Apiary Law of 1991 6/1/2010 7/1/2010 6/1/2010 7/26/2010 Modified& SB 102 (61·2) $4.40 Approved Approved HB 2605 Legislative 7/8/2010 9/13/2010 Bundled Filed HB 2639 9/21/2010 Agriculture General Groundwater Protection 6/1/2010 7/1/2010 7/12/2010 Approved SB 104 (61·6C) Rules for Fertilizers and Manures 7/21/2010 HB 2569 $4.60 Bundled Legislative HB 2639 Agriculture Inspection of Meat and Poultry 6/14/2010 7/14/2010 7/20/2010 Approved SB 103 (61·16) $4.80 8/10/2010 HB 2568 Legislative Bundled HB 2639 Agriculture Inspection of Meat and Poultry 6/2/2011 7/15/2011 (61-16) $4.00 Legislative Air Quality Ambient Air**Qual~y** Standards 6/9/2010 7/12/2010 7/28/2010 Approved SB 114 (45·8) $16.90 1/9/2011 HB 2580 Legislative Bundled SB 121 Air Quality Ambient Air Quality Standards 6/8/2011 7/11/2011 (45-8) $16.70 Legislative Air Quality Permits for Construction and Major 6/9/2010 7/12/2010 7/28/2010 Modified & SB289 (45-14) Modification of Major Stationary Approved HB 2899 Sources of Air Pollution for the 1/10/2011 Bundled Prevention of Significant Filed SB 121 Deterioration 1/11/2011 $11.60 Legislative Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 (45-14) Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality $12.90 Legislative Air Quality Standards of Performance for New 6/9/2010 7/12/2010 7/28/2010 Approved SB 115 (45·16) Stationary Sources 1/9/2011 HB 2576 $13.70 Bundled Legislative SB 121

00 -....! wRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Air Quality Standards of Perfonnance for New 6/8/2011 7/11/2011 (45-16) Stationary Sources $21.90 Legislative Air Quality Control of Air Pollution from 6/9/2010 7/1212010 7/28/2010 Modified & SB290 (45·18) Combustion of Solid Waste Approved HB 2900 $9.80 1/9/2011 Bundled Legislative Filed SB 121 1/11/2011 Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 (45·18) Combustion of Solid Waste $21.00 Legislative Air Quality Permits for Construction and Major 6/9/2010 7/1212010 7/28/2010 Approved SB 117 (45-19) Modification of Major Stationary 1/9/2011 HB 2577 Sources of Air Pollution Which Bundled Cause or Contribute to SB 121 Nonattainment $14.30 Legislative Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 (45-19) Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas $12.50 Legislative Air Quality Control of Air Pollution from 6/9/2010 7/1212010 7/28/2010 Approved SB 118 (45-25) Hazardous Waste Treatment, 1/9/2011 HB 2578 Storage and Disposal Facilities Bundled $14.40 SB 121 Legislative Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 (45-25) Hazardous Waste Treatment, Storage and Disposal Facilities $10.80 Legislative Air Quality Requirements for Operating Permits 1/11/2011 2/14/2011 12/21/2010 3/16/2011 (45·30) $13.70 Effective Legislative 2/1/2011 Air Quality Requirements for Operating Permits 6/8/2011 7/11/2011 (45·30) $12.80 Legislative Air Quality Emission Standards for Hazardous 6/9/2010 7/1212010 7/28/2010 Approved SB 119 (45·34) Air Pollutants 1/9/2011 HB 2579 $21.70 Bundled Legislative SB 121

00

...... 

## """RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Air Quality Emission Standards for Hazardous 6/8/2011 7/11/2011 (45·34) Air Pollutants $40.80 Legislative Air Quality Determining Conformity of General 6/8/2011 7/11/2011 (45-35) Federal Actions to Applicable Implementation Plans $10.00 Legislative Air Quality Repeal of -Greenhouse Gas 6/8/2011 7/11/2011 (45-42) Emissions Inventory Program $5.00 Legislative Alcohol Beverage Licensed Retailer Operations 6/2/2011 7/512011 Control Comm. $7.20 (175-1}**L~islative** Alcohol Beverage Licensing of Retail Outlets 6/2/2011 7/512011 Control Comm. $9.60 (175-5! Legislative Banking Rule Pertaining to Residential 5/27/2011 7/1/2011 (106·5) Mortgage Lenders, Brokers and Loan Originators $5.60 Legislative Barbers & Procedures, Criteria and Curricula 6/18/2010 7/22/2010 7/30/2010 Modified & SB 105 Cosmetologists for Examination and Licensure of Approved HB 2606 (3·1) Barbers, Cosmetologists, 10/11/2010 Bundled Manicurists and Aestheticians Filed HB 2639 $6.00 10/18/2010 Le islative Barbers & Qualification Training, Examination 6/18/2010 7/2212010 7/30/2010 Modified & SB 106 Cosmetologists of Licensure of Instructors Approved HB 2607 (3-2) $4.00 10/11/2010 Bundled Legislative Filed HB 2639 10/18/2010 Barbers & Operational Standards for Schools 6/18/2010 7/2212010 7/30/2010 Modified & SB 107 Cosmetologists of Barbering and Beauty Culture Approved HB 2608 (3-4) $3.80 10/11/2010 Bundled Legislative Filed HB 2639 10/18/2010 Barbers & Schedule of Fees 5/10/2010 6/11/2010 4/27/2010 6/18/2010 Approved SB 108 Cosmetologists $2.40 Withdrawn 10/11/2010 HB 2570 (3·6) Legislative 5/10/2010 Filed Bundled 5n/2010 10/18/2010 HB 2639 Approved 5/14/2010

00 -...1 U1RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Community& Degree Designation, General 4/2212011 5/2212011 Technical College Ed. Education Requirements, New (135-11) Program Approval and Discontinuance of Existing Programs $5.80 Procedural Community& Standards and Procedures for 10/29/2010 11/29/2010 4/2212011 5/2212011 Technical College Ed. Undergraduate Admissions at (135-23) Comm. & Tech. Colleges $4.60 Procedural Community& Workforce Development Initiative 4/22/2011 5/23/2011 4/22/2011 Technical College Ed. Program Effective (135-27) $4.20 4/2212011 Le!:jislative Community& Guidelines for Granting College 4/2212011 5/22/2011 Technical College Ed. Credit for Courses Under the WV (135-28) EDGE, "Earn a Degree, Graduate Early" Program $3.60 Procedural Consolidated Public Public Employees Retirement 6/3/2011 7/5/2011 5/1212011 Retirement Board System ERD by (162-5) $5.00 6/23/2011 Le!:jislative Consolidated Public Refund, Reinstatement, Retroactive 6/3/2011 7/512011 Retirement Board Service, Loan and Employer Error (162-7) Interest Factors $4.40 Le9islative Consolidated Public West Virginia State Police 6/3/2011 7/5/2011 5/12/2011 Retirement Board $5.00 ERDby (162-9) Legislative 6/23/2011 Corrections Fees for Electronic Monitoring of 4/11/2011 5/16/2011 5/23/2011 {90-8) Offenders $4.20 Le islative Crime, Delinquency Law Enforcement Training Standard 6/7/2010 7/15/2010 7/23/2010 Modified & SB 124 4/15/2011 7/10/2011 and Correction $8.00 Approved HB 2614 (149-2) Legislative 10/11/2010 Bundled Filed HB 2613 10/13/2010 Crime, Delinquency Law Enforcement Training 6/212011 7/6/2011 6/2/2011 and Correction Standards ERDby (149-2) $12.20 7/14/2011 L islative

00 oo,.j 01AGENCY/SERIES NO RULE NOTICE Crime, Delinquency Motor Vehicle Search Standards 6/3/2011 and Correction $4.40 (149-6) Legislative Development Office (145-7)
Development Office (145-11)
Development Office (145-12)
Development Office (145-14)

Education (126-12)

Education (126·14)

Education (126-28)

Education (126-42)

Education (126-44A) Neighborhood Investment Program 5/31/2011 Act $6.20 Procedural Brownfield Economic Development 6/1/2011 Districts $5.60 Legislative Municipal Economic Opportunity 6/1/2011 Development Districts $4.60 Procedural County Economic**Opportun~y** 6/1/2011 Development Districts $4.40 Procedural Standards for High Quality Schools 5/12/2011 (2322) $4.40 Legislative Exempt WV Measures of Academic 4/15/2011 Progress (2340) $10.00 Legislative Exe_111pt West Virginia's Universal Access to 4/15/2011 a Quality Early Education System (2525) $9.80 Procedural Assuring the Quality of Education: 4/15/2011 Regulations for Education Programs (2510) $14.70 Legislative Exempt 21' 1 Century Reading and English 5/12/2011 Language Arts Content Standards and Objectives for WV Schools (2520.1) $16.80 Legislative**Ex~J"'1pt** HEARING 7/6/2011

6/30/2011

7/1/2011

7/2/2011

7/2/2011

6/13/2011

5/16/2011

5/16/2011

5116/2011

6/13/2011 RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE

00 -...1 -...1AGENCY/SERIES NO RULE Education Next Generation Content Standards (126-44AA) and Objectives for English Language Arts in WV Schools (2520.1A) $22.10 Leeislative**Exem~t** Education 21" 1 Century Mathematics Content (126-448) Standards and Objectives for WV Schools (2520.2) $18.20**L~islative Exem~t**  Education Next Generation Content Standards (126-4488) and Objectives for Mathematics in WV Schools (2520.28) $23.80 Leeislative**Exem~t** Education Next Generation Driver Education (126-44H) Content Standards and Objectives for WV Schools (2520.8) $6.00 Leeislative**Exem~t** Forestry Sediment Control During (22-2) Commercial Timber-Harvesting Operations-Licensing $3.80 Leeislative Forestry Sediment Control During (22-3) Commercial Timber-Harvesting Operations-Logger Certification $3.60 Leeislative Gov. Office of Health Prescription Drug Advertising Enhancement & Expense Reporting Lifestyle Planning $5.00 !210-1}**L~islative** Health Public Water Systems (64-3) $4.00 Legislative
Health Food Manufacturing Facilities (64-43) $3.00 Legislative RULE MONITOR NOTICE HEARING EMER RULE SEC/STATE 5/1212011 6/13/2011

5/1212011 6/13/2011

5/1212011 6/13/2011

5/1212011 6/13/2011

5/27/2011 6/28/2011

5/27/2011 6/28/2011

6/3/2011 7/5/2011

6/23/2010 7/23/2010 7/29/2010

6/10/2010 7/1212010 7/29/2010 LRMRC-ACTION

Approved 11/16/2010

Modified & Approved 11/16/2010 Filed 1/3/2011 LEGIS

S8 129 H8 2583 Bundled SB295 SB 130 HB 2617 Bundled SB295 FINAL FILE

4/21/2011

4/21/2011 EFFECTIVE

4/21/2011

4/21/2011

00

...... 00RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE Health Fire Department Rapid Response 6/29/2010 7/29/2010 7/30/2010 Approved SB 131 4/21/2011 4/21/2011 (64-44) Services Licensure 1/10/2011 HB 2584 $4.40 Bundled Legislative SB295 Health Emergency Medical Services 6/29/2010 7/29/2010 7/30/2010 Modified & SB294 4/21/2011 4/21/2011 (64-48) $12.70 Approved HB 2904 Legislative 1/10/2011 Bundled Filed SB295 1/24/2011 Health Cancer Registry 6/23/2010 7/23/2010 7/29/2010 Approved SB 132 4/21/2011 4/21/2011 (64·68) $3.00 10/11/2010 HB 2585 Legislative Bundled SB295 Health Credentialing Verification 6/8/2011 7/8/2011 (64·898) Organization $4.60 Le islative Health Maternal Risk Screening 6/23/2010 7/23/2010 7/29/2010 Modified & SB 133 4/21/2011 4/21/2011 (64·97) $2.60 Approved HB 2618 Legislative 10/11/2010 Bundled Filed SB295 1/3/2011 Health Safety and Treatment Program 6/30/2010 7/30/2010 6/30/2010 7/30/2010 Modified & SB295 5/10/2011 5/10/2011 (64·98) $3.20 Approved Approved Bundled Legislative 8/11/2010 11/16/2010 SB295 Filed HB 2905 12/3/2010 Health Requirement for Licensure of 6/30/2010 7/30/2010 6/30/2010 7/30/2010 Modified & SB 126 5/10/2011 5/10/2011 (64·99) Nonprofit Corporations for Approved Approved HB 2615 Conservation Service 8/11/2010 11/16/2010 Bundled $4.80 Filed SB295 Legislative 12/3/2010 Health Insurance Plan Premium Subsidy 6/8/2011 7/812011 (113·1) $3.80 Le9islative Higher Education Submission of Proposals for 5/3/2011 6/2/2011 Policy Comm. Academic Programs and the (133·11) Monitoring and Discontinuance of Existing Programs $7.60 Procedural Higher Education Commission Organization and 5/18/2011 6/17/2011 Policy Comm. Meetings (133-47) $3.60 Procedural

00



### ..... <DAGENCY/SERIES NO RULE NOTICE HEARING Highways Construction and Reconstruction of 5/27/2011 6/27/2011 (157·3) State Roads $17.00 Le islative Highways Transportation of Hazardous 5/27/2011 6/27/2011 (157-7) Wastes Upon the Roads and Highways $4.20 Le!:Jislative Insurance Commission Licensing and Conduct of Insurance 6/8/2011 7/812011 (114·2) Producers and Agencies $5.20 Le islative Insurance Commission Credit Life Insurance, Credit 6/15/2010 7/15/2010 (114·6) Accident and Sickness Insurance, and Credit Unemployment Insurance $5.00 Le islative Insurance Commission Suitability in Annuity Transactions 6/15/2010 7/15/2010 (114·116) $4.00 Legislative
Insurance Commission Surplus Lines Insurance 6/8/2011 7/812011 (114·20) $10.80 Le islative Insurance Commission Insurance Adjusters 6/15/2010 7/15/2010 (114·25) $5.40 Legislative

Insurance Commission Long-Term Care Insurance 6/11/2010 7/12/2010 (114·32) $15.40 Legislative

Insurance Commission Insurance Holding Company 6/8/2011 7/812011 (114-35) Systems $11.40 L islative Insurance Commission Actuarial Opinion and Memorandum 6/11/2010 7/12/2010 (114·41) Rule $5.80 Legislative RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION

7/27/2010 Modified & Approved 9/13/2010 Filed 9/28/2010
7/29/2010 Approved 9/13/2010

6/15/2010 7/27/2010 Modified & Withdrawn Approved 7/15/2010 10/11/2010 Filed 10/20/2010 7/29/2010 Modified & Approved 9/13/2010 Filed 9/28/2010

7/27/2010 Approved 9/13/2010 LEGIS

SB 142 HB 2623 Bundled SB 177

SB 137 HB 2588 Bundled SB 177

SB 138 HB 2620 Bundled SB 177
SB 139 HB 2621 Bundled SB 177

SB 140 HB 2589 Bundled SB 177 FINAL FILE

5/10/2011

5/10/2011

5/10/2011

5/10/2011

5/10/2011 EFFECTIVE

7/1/2011

7/1/2011

7/1/2011

7/1/2011

7/1/2011

00 00 0AGENCY/SERIES NO RULE NOTICE Insurance Commission Property and Casualty Actuarial 6/15/2010 (114-41A) Opinion $3.00 Legislative
Insurance Commission Continuing Education for Individual 6/8/2011 (114-42) Insurance Producers $5.60 Le islative Insurance Commission Credit Personal Property 6/15/2010 (114-61) $4.20 Legislative
Insurance Commission Valuation of Life Insurance 6/11/2010 (114-68) Companies $5.60 Legislative Insurance Commission Recognition of Preferred Mortality 6/1112010 (114-69A) Tables for Use in Determining Minimum Reserve Liabilities $3.20 Le islative Insurance Commission Professional Employer 6/11/2010 (114-85) Organizations $4.00 Legislative Insurance Commission Health Maintenance Organization 6/11/2010 (114-91) Point of Service Option $3.20 Legislative Insurance Commission Mini COBRA 6/8/2011 (114-93) $4.20 Legislative Labor Zipline and Canopy Tour 6/8/2011 (42-10) Responsibility Act $4.00 Legislative Medicine Formation and Approval of 5/18/2011 (11-7) Professional Limited Liability Companies $3.40 Legislative RULE MONITOR HEARING EMER RULE SEC/STATE 7/15/2010 9/1/2010 7/27/2010 Effective 10/13/2010

7/8/2011

7/15/2010 7/27/2010

7/1212010 7/27/2010

7/1212010 7/27/2010

7/1212010 6/11/2010 7/27/2010 Effective 7/23/2010
7/1212010 7/27/2010

7/8/2011

7/8/2011 6/8/2011 ERD by 7/20/2011
6/24/2011 LRMRC-ACTION LEGIS Modified & SB 141 Approved HB 2622 11/16/2010 Bundled Filed SB 177 12/1/2010

Approved SB 143 9/13/2010 Bundled SB 177 HB 2590 Approved SB 145 10/11/2010 HB 2591 Bundled SB 177 Approved SB 146 10/11/2010 HB 2592 Bundled SB 177 Approved SB 147 10/11/2010 HB 2593 Bundled SB 177 Approved SB 148 11/16/2010 HB 2594 Bundled SB 177 FINAL FILE 5/10/2011

5/10/2011

5/10/2011

5/10/2011

5/10/2011

5/10/2011 EFFECTIVE 6/10/2011

7/1/2011

7/1/2011

7/1/2011

5/10/2011

7/1/2011

(X) (X) 

# -AGENCY/SERIES NO RULE NOTICE HEARING Mining & Reclamation West Virginia Surface Mining 12116/2009 1/18/2010 (38-2) Reclamation Rule 6/10/2010 7/13/2010 $31.50 Legislative

Natural Resources Special Motorboating Regulations 6/8/2011 7/8/2011 (58-27) $3.20 Legislative Nursing Home Nursing Home Administrators 2/14/2011 3/16/2011 Administrators $6.40 Licensing Bd. Legislative (21-1) Occupational Therapy Fees for Services Rendered by the 5/17/2011 6/30/2011 (13-3) Board $3.20 Legislative Optometry Rules of the WV Bd. of Optometry 6/25/2010 7/26/2010 (14·1) $3.60 Legislative
Optometry Expanded Prescriptive Authority 6/25/2010 7/26/2010 (14-2) $3.00 Legislative Optometry Schedule of Fees 6/25/2010 7/26/2010 (14-5) $2.60 Legislative
Optometry Examination and Scoring Policy 6/25/2010 7/26/2010 (14·6) $2.60 Legislative
Optometry Licensure by Endorsement 6/25/2010 7/26/2010 (14·8) $2.60 Legislative RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION 12116/2009 211/2010 Modified with Approved 7/30/2010 Certain 12123/2009 Amendments & Approved 1/10/2011 Filed 1/18/2011 5/25/2011 ERDby 7/6/2011 3/28/2011

7/30/2010 Modified & Approved 11/16/2010 Filed 11/24/2010 7/30/2010 Filed 1/3/2011

7/30/2010 Modified & Approved 11/16/2010 Filed 11/24/2010 7/30/2010 Modified & Approved 11/16/2010 Filed 11/24/2010 7/30/2010 Modified 

### & Approved 11/16/2010 Filed 11/24/2010 LEGIS SB292 HB 2902 Bundled SB 121

SB 157 HB 2630 Bundled HB 2639
SB296 HB 2906 Bundled HB 2639 SB 159 HB 2632 Bundled HB 2639
SB 160 HB 2633 Bundled HB 2639
SB 161 HB 2634 Bundled HB 2639 FINAL FILE EFFECTIVE

00 00 

# "'RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE Optometry Contact Lenses that Contain and 6/25/2010 7/26/2010 7/30/2010 Modified 

### & SB 162 (14·9) Deliver Pharmaceutical Agents Approved HB 2635 Certificate 11/16/2010 Bundled $2.40 Filed HB 2639 Legislative 11/24/2010 Optometry Continuing Education 6/25/2010 7/26/2010 7/30/2010 Modified 

### & SB 158 (14·10) $2.80 Approved HB 2631 Legislative 11/16/2010 Bundled Filed HB 2639 11/24/2010 Optometry Injectable Pharmaceutical Agents 6/24/2010 7/23/2010 7/30/2010 Modified with SB297 (14·11) Certificate certain HB 2907 $3.20 amendments and Bundled Legislative approved HB 2639 12/14/2010 Filed 12/23/2010 Osteopathy Licensing Procedures for 6/1/2011 7/1/2011 (24·1) Osteopathic Physicians $6.00 Legislative Osteopathy Osteopathic Physician Assistants 6/14/2010 7/14/2010 6/14/2010 7/30/2010 Modified& SB 163 (24·2) $5.00 Approved Approved HB 2636 Legislative 7/8/2010 11/16/2010 Bundled Amendment Filed HB 2639 11/10/2010 11/29/2010 Approved 11/17/2010 Osteopathy Fees for Services Rendered by the 6/14/2010 7/14/2010 7/28/2010 Modified & SB 164 (24·5) Bd. of Osteopathy Approved HB 2637 $2.60 11/16/2010 Bundled Legislative Filed HB 2639 11/29/2010 Personnel Administrative Rule of the WV Div. 5/20/2011 6/30/2011 (143·1) of Personnel $15.20 Legislative Personnel Workers' Compensation Temporary 5/20/2011 6/30/2011 (143-3) Total**Disabil~y** $4.60 Legislative Pharmacy Board of Pharmacy Rules 6/17/2010 7/18/2010 7/29/2010 Approved SB 165 (15·1) Regarding Licensure and the 11/16/2010 HB 2597 Practice of Pharmacy Bundled $13.80 HB 2639 Legislative

co co wAGENCY/SERIES NO RULE NOTICE Pharmacy Controlled Substances Monitoring 6/17/2010 (15-8) $6.40 Legislative Physical Therapy Supervision of a Physical Therapist 6/29/2010 (16-1) Assistant $13.80 Legislative

Physical Therapy Fees for Physical Therapist and 6/29/2010 (16-4) Physical Therapist Assistant $3.80 Legislative Physical Therapy General Provisions for Athletic 6/29/2010 (16-5) Trainers $2.80 Legislative Physical Therapy Fees for Athletic Trainers 6/29/2010 (16-6) $2.40 Legislative

Professional Application of Engineering Seal 4/14/2011 Engineers, Bd. Of $3.20 Reg. for Interpretive 7-3 Professional Examination and Licensing of 5/17/2011 Surveyors Professional Surveyors in WV (23-1) $5.60**Le~islative** Professional Disciplinary and Complaint 5/17/2011 Surveyors Procedures for Land Surveyors (23·3) $5.20 Procedural Public Service Rules and Regulations for the 3/2212011 Commission Government of Electric Utilities (150-3) $13.40 Legislative Exempt RULE MONITOR HEARING EMER RULE SEC/STATE 7/18/2010 7/29/2010

7/29/2010 6/29/2010 7/30/2010 Approved Section 8 only 7/14/2010 Amendment 11/5/2010 Approved Section 8 only 11/16/2010 7/29/2010 7/30/2010

7/29/2010 7/30/2010

7/29/2010 7/30/2010

5/30/2011

6/2112011

6/21/2011

4/21/2011 LRMRC-ACllON Approved 11/16/2010

Modified 

### & Approved 12/14/2010 Filed 12121/2010

Approved 12/14/2010

Modified & Approved 9/13/2010 Filed 9/20/2010 Modified & Approved 9/13/2010 Filed 9/20/2010 LEGIS SB 166 HB 2598 Bundled HB 2639 SB 167 HB 2638 Bundled HB 2639

SB 168 HB 2599 Bundled HB 2639 SB 169 HB 2639 Bundled HB 2639
SB 170 HB 2640 Bundled HB 2639 FINAL FILE EFFECTIVE

00 00 

## """AGENCY/SERIES NO RULE NOTICE Public Service Rules and Regulations for the 3/31/2011 Commission Government of Railroad Safety and (150·8) Sanitation $9.80 Legislative Exempt

Public Service Rules Governing Electric Utility Net 12127/2010 Commission Metering Arrangements and (150·33) Interconnections $14.50 Exemet Le!ijislative Public Service Rules Governing Innovative, 2/9/2011 Commission Alternative Sewer Systems (150·35) $5.60**Le~islative** Exemet Racing Commission Thoroughbred Racing 6/7/2010 (178·1) $21.30 Legislative
Racing Commission Greyhound Racing 6/29/2010 (178·2) $12.30 Legislative
Racing Commission Pari-Mutuel Wagering 6/7/2010 (178·5) $14.20 Legislative

Real Estate Appraiser Renewal of Licensure or Lie. & Cert. Bd. Certification (190·3) $4.00 Legislative Real Estate Appraiser Investigative and Hearing 5/25/2011 Lie. & Cert. Bd. Procedures (190-4) $4.20 Procedural Sanitarians, Bd. Of Rules of Procedure for Contested 12128/2010 Reg. for Case Hearings and Declaratory (20·1) Rulings $3.40 Procedural RULE MONITOR HEARING EMER RULE SEC/STATE Hearing 6/212011 Written Comments 4/29/2011 Hearing 7/18/2011 1/26/2011

3/15/2011

7/8/2010 7/27/2010

7/29/2010 7/30/2010

7/8/2010 7/16/2010

5/25/2011 ERDby 7/6/2011
6/27/2011

1/28/2011 LRMRC·ACTION LEGIS

Modified & SB298 Approved HB 2908 1/10/2011 Bundled Filed SB 177 1/20/2011 Modified & SB299 Approved HB 2909 1/10/2011 Bundled Filed SB 177 1/20/2011 Modified & 88300 Approved HB 2910 1/10/2011 Bundled Filed SB 177 1/20/2011 FINAL FILE

5/19/2011

4/11/2011

4/11/2011

4/11/2011

4/29/2011 EFFECTIVE

7/18/2011

7/10/2011

7/10/2011

6/10/2011

5/30/2011

(X) (X) U1AGENCY/SERIES NO RULE Sanitarians, Bd. Of Procedure for the Investigation and Reg. for Resolution of Complaints (20·2) $3.00 Procedural Sanitarians, Bd. Of Interim Fee Schedule Reg. for $3.60 (20·3) Legislative Sanitarians, Bd. of Rules Governing the Practice of Ref. for Public Health Sanitation (20·4) $4.60 Legislative Secondary Schools Athletics, Provisions Governing Activities Comm. Eligibility (127·2) $5.80**L~islative** Secondary Schools Provisions Governing Contests Activities Comm. $8.80 (127·3! Le!ijislative Secondary Schools Provisions Governing Conduct Activities Comm. $4.80 (127·4! Le!ijislative Secretary of DHHR; All-Payer Claims Database Insurance Comm.; and Program's Privacy and Security Chair of the Health Rule Care Authority $22.50 (114A·2l Legislative Secretary of State Combined Voter Registration and (153·25) Driver Licensing Fund $4.60 Legislative State Election WV Supreme Court of Appeals Commission Public Campaign Financing Pilot (146·5) Program $6.20 Legislative State Police WV State Police Career (81·3) Progression System $6.60 Legislative State Police Organizational Structure (81-13) $3.60 Interpretive RULE MONITOR NOTICE HEARING EMER RULE 12/28/2010 1/28/2011

6/17/2010 7/19/2010 5/18/2010 Effective 6/29/2010
6/23/2010 7/23/2010

5/12/2011 6/13/2011

5/12/2011 6/13/2011

5/1212011 6/13/2011

6/8/2011 7/8/2011

10/8/2010 11/8/2010

6/18/2010 7/19/2010

5/18/2011 6/21/2011

6/8/2011 7/10/2011 SEC/STATE LRMRC-ACTION

7/29/2010 Approved 11/16/2010

7/29/2010 Approved 11/16/2010

11/12/2010 Approved 1/9/2011

7/29/2010 Modified & Approved 1/9/2011 Filed 1/14/2011 LEGIS

SB 171 HB 2600 Bundled HB 2639 SB 172 HB 2601 Bundled HB 2639

SB 173 HB 2602 Bundled HB 2639 SB293 HB 2903 Bundled HB 2639 FINAL FILE 4/29/2011 EFFECTIVE 5/30/2011

00 00 0'1RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Tax Department Use and Acceptance of Electronic 12129/2010 1/31/2011 4/15/2011 5/16/2011 (110-10D) Records $4.20 Procedural Tax Department Payment of Taxes by Electronic 1/26/2011 2124/2011 12129/2010 4/21/2011 (110-10F) Funds Transfer Approved $6.80 2/8/2011 Lel:lislative Tax Department Commercial Patent Incentives Tax 6/1/2011 7/1/2011 (110-130) Credit $5.20 Le islative Tax Department Commercial Patent Incentives Tax 6/14/2010 7/15/2010 7/28/2010 Modified & SB 175 4/21/2011 6/1/2011 (110-130) Credit Approved HB 2641 $4.20 10/11/2010 Bundled Legislative Filed SB 177 11/5/2010 Tax Department Exchange of Information Agreement 6/3/2010 7/6/2010 7/26/2010 Approved SB 176 4/21/2011 6/1/2011 (110-50E) Between the State Tax Department 10/11/2010 HB 2604 and the WV Lottery Bundled $2.40 SB 177 Le islative Tax Department Exchange of Information Agreement 6/3/2010 7/6/2010 7/26/2010 Modified & SB 177 4/21/2011 6/1/2011 (110-50F) Between the State Tax Department Approved HB 2642 and the State Fire Marshal 10/11/2010 Bundled $2.40 Filed SB 177 Legislative 11/5/2010 Treasurer's Office Establishment of lmprest Funds 5/26/2010 6/28/2010 6/30/2010 Modified & SB 301 (112-3) $2.80 Approved HB 2911 Legislative 7/21/2010 Bundled Filed HB 2639 7/30/2010 Veterinary Medicine Organization and Operation and 6/25/2010 7/26/2010 7/27/2010 Modified & SB 178 (26-1) Licensing of Veterinarians Approved HB 2643 $5.60 11/16/2010 Bundled Legislative Filed HB 2639 11/24/2010 Veterinary Medicine Registration of Veterinary 6/25/2010 7/26/2010 7/27/2010 Modified & SB 179 (26-3) Technicians Approved HB 2644 $4.20 11/16/2010 Bundled Legislative Filed HB 2639 11/24/2010 Veterinary Medicine Standards of Practice 6/25/2010 7/26/2010 7/27/2010 Modified & SB 180 (26-4) $5.80 Approved HB 2645 Legislative 11/16/2010 Bundled Filed HB 2639 11/24/2010
00 00



### .....AGENCY/SERIES NO RULE NOTICE HEARING Veterinary Medicine Certified Animal Euthanasia 6/25/2010 7/26/2010 (26·5) Technicians $4.60 Legislative Veterinary Medicine Schedule of Fees 6/25/2010 7/26/2010 (26·6) $2.80 Legislative

Waste Management Hazardous Waste Management 6/14/2010 7/1512010 (33·20) Rule $7.00 Legislative Water Resources Requirements Goveming Water 3/3/2010 4/1/2010 (47·2) Quality Standards 6/4/2010 7/19/2010 $12.80 Legislative Water Resources National Pollutant Discharge Called up by (47-10) Elimination System (NPDES) 2011 System Legislature $13.90 Le islative Water Resources Requirements Goveming 6/11/2010 7/15/2010 (47·12) Groundwater Standards $3.20 Legislative
Water Resources Monitoring Well Design Standards 6/15/2010 7/15/2010 (47·60) $8.40 Legislative RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION 6/25/2010 7/27/2010 Modified & Effective Approved 8/6/2010 11/16/2010 Filed 11/24/2010 7/27/2010 Modified & Approved 11/16/2010 Filed 11/24/2010 7/30/2010 Modified & Approved 9/13/2010 9/21/2010 3/3/2010 6/4/2010 Approved Approved 7/30/2010 1/10/2011 3/5/2010

7/23/2010 Modified & Approved 9/13/2010 Filed 9/14/2010 7/26/2010 Modified & Approved 9/13/2010 Filed 9/22/2010 LEGIS SB 181 HB 2646 Bundled HB 2639
SB 182 HB 2566 Bundled HB 2639
SB 116 HB 2609 Bundled SB 121 SB 122 HB 2581 Bundled SB 121 Bundled SB 121

SB 121 HB 2611 Bundled SB 121
SB 120 HB 2610 Bundled SB 121 FINAL FILE EFFECTIVE

co co coDo Not Mark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

### LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Hark In This Box


## ADMINISTRATIVE LAW DIVISION ·•I

- 

### i :**~** 

### I:**~** :J**~LC** \

### .!.o~!!! 

## -----------------------**-L-----~--** NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Well Virginia Department of A[<li<ulture mLE NUMBER: 61 RULETYPE: Legiolotive CITEAUTHORITY:**-"'v.y.l:..lo.cl!!;"'lili-e.l.ll9:;o-7J.~.0~· -------**  AMENDMENT TO AN EXISTING RULE: YES 

### 2... NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: 16 TITLE OF RULE BEING AMENDED::_tn_•pec:__ti_oo_o_rM_eo_t an_d_r_out_t..:.ry------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---- mLE OF RULE BEING PROPOSED:------------------



# -------------------------------------- IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHlCH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON .Tuly 1 5, 201 1 AT 4 :00PM ONLYWRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: West Virginia Department of A&ri<:ulturo Meat and PouJUy lnspettion Division Attn: Robc1 E. Pitu DVM State Capitol 1900 KJnawha Blvd., 

### e ..

t Clwlcston, WV lSJOS THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. 

# !?!!//-- ( 'k1Q i'· t, (',. 

### J.,,

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### 1!J!!.EE SUMMARY OF YOUR PROPOSAL



### fc..j.OO**~J.l,;** ::-.; l ;; 2: 

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# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY: WV Department of Environmental Protection- Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Lcgislatlve CITE AUTHORITY:**~W:.:.** . .:.:V•::.:· Co=de'-'§::::ZZ:::-5:;::·4:,_

_____ _ AMENDMENTTOANEXISTINGRULE: YES[E) NOD IF YES, SERIES NUMBER OF RULE BEING AMENDED: ..:4:.;5CS=RB:..._

__ TITLE OF RULE BEING AMENDED- Ambient Air Quality Standards

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: July II. ZOll TIME: 6:00 p ..._ LOCATION OF PUBLIC HEARING: West Virginia Department of Environmental Protection Dolly Sods Conferenco Room (Room II 25) 601 57th**Stre<~.** S.E. Cl>irlcston, WV- 25304
COMMENTS LIMITED TO: ORAIU WRITTENO BOTIIOO DATE WRITTEN COMMENT PERIOD ENDS:**--~J:.;ulyL-1:..:1:..:.** Z:::.OI:,.:I

_______ _ TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO:**~p~ub"'!!~clJ:l"w;rrnm,_•~''""""Ll.omlllll:rr"--------** Thc Department requests that persons wishing to make West Virginia Department of Envlronmenllll Protection comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
lbe issues to be hcurd shall be limited In the proposed rule.

A ITACII A 

### I!.B.l.EE SUMMARY OF YOUR PROPOSAL

# -~~:-P 601 57th Street. S.E. Charleston. WV 2530.f

00 00 <0

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Hark In This Box 

### LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Hark In This Box 

# ::::::\**-~~~-----------------------~--------------** NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY: WV Department or Environmental Protection· Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**.!W:!..:·.!V~a._:::Cod~e~§2~2-~5-:!4**______ _ AMENDMENT TO AN EXISTING RULE: YESCEJ NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Pennits for Construction and Major Mo<llficatlon of Major Stationary Sources For the Prevention of Slgnificanr**Detctton~tion** or Air Quality

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: July II. 2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Vtrgtnia O.partment or Envtroru....,tal Protection Dolly Sods Conference Room {Room 1125) 60 !57th Stre<t, S.E. C!Uorlcstoii;-WV-25304
COMMENTS LIMITED TO: ORAU WRITTENO BOTII00
DATE WRITTEN COMMENT PERIOD ENDS:

__ .....:l.::uly'--'-'11.:..:, 2"'0.:..:11--------- TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make

. comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
Tho i55ucs to be beard shall be limited to the proposed rule.

ATI ACII A 

### .B.R!.EE SUMMARY OF YOUR PROPOSAL



### I /:l,t(D Puhlir lnf'n"'lRitnn nmno West Virginia Depanmcnt of Environmental Protection 601 57th Strce!, S.E.**.Charl~n.** WV 25M4

# \~ ..

# ~*~~ A uth rtzcd Stgnature**'L·.~;~ --~·**  . -v 

# r:i :_: 23

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# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE
AGENCY: WV Depanment of Environmental Protection · Division of Alr Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**~W~·.::.V::.a.-"Co~de:::..>!.:§ ;::;** **·;::; ·.::.** **4** ______ _ AMENDMENT TO AN EXISTING RULE: YES(K] NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Stao<lards ofPerfom>ance for New StoHonary Sources

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: july II. 2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Vl'!linla O.partment of Environmental Protection Dolly Sods Conferen<:t! Room (Room II Z5) 601 57th Street. S.E. Charleston. WV Z5304
COMMENTS LIMITED TO: ORAU WRITTENO BOTIICEJ DATE WRITTEN COMMENT PERIOD ENOS:

__ _..:;J.;;:uly._l:.;;l.:..:. 2::.01:..:;1

________ _ TIME: 7' 00 p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requesis that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. The issues to be heard shall be limited to the proposed rule.

A ITACII A .I!Bll£ SUMMARY OF YOUR PROPOSAL



# t ,;lf. 9D Pnhllr Tnfnnnatlnn OffirP_ West VIrginia Department of Envlroomcntal Protection 601 57th Street, S.E. Charle:o;.tnn. WV_2530(

# ~~ Authorized Slt).ature

-

00 1.0 0Do Not Mark In This Box Do Not Mark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION 

## WEST VIRGINIA SECRETARY OF STATE LEGISLATIVE 

### NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION < .. ::·I

## -~~~-----------------------~-------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: WV Department or Envtronmcnral Procectlon • Dlvl,lon of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**..:W!.._:;Va~. ~Co~de'-'~~22:.;:·5~·4:__** _____ _ AMENDMENT TO AN EXISTING RULE: YESC8J NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Con<rol or Alr Pollullon from Combustion or Solid Was1e

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---- TITLE OF RULE BEING PROPOSED:------------------

DATE OF PUBLIC HEARING: Jul II. 2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Virginia O..partm..nl of Envtron.,..ntal Proll'('llon Dolly Sods Conference Ruom (Room 1125) 60LS7th St""'r. S.F. Charl0$1on, WV 25304
COMMENTS LIMITED TO: ORAt0 WRITTENO BOTH0 DATE WRITTEN COMMENT PERIOD ENDS:

__ .,.=.::Ju::riY.:.ll:.:.·:.::20:;,;11:__

______ _ TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort lo submit written cornmenU in order to facilitate the review of these comments.
The I>Sucs 10 be heard shall be limited 10 the proposed rule.

A l'fAC.ll A 

### .!lRJEE SUMMARY 01' YOUR PROPOSAL 

# I

# ~l·oa Pnhlll"' lnrllrYnlUinn nmr.. We51 VIrginia Department 

### or Environmental Proteclion 60t 57lh 

### s.-. s.E. Charl..,ton. WV 2530(

# ~,.~\~**~~rllcd** Signature 

### LD!l**J~·;·** - ...:**p;~** 

### 2: -:S
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# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: WV Department ofEnvironmen(al Protection

- Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**.,:W~.~V~··~Ce-2od~e'-"§~22::;·5~-4~-------** AMENDMENT TO AN EXISTING RULE: YEsi:8J NoD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Pennits for Construction and Major Modlflcatlon of Major Slatlonary Sources Which Cause or Contribute lo Nonattainmcnt Areas

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:------------------

DATE OF PUBLIC HEARING: July 11.2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Virginia Department ofEnvironmcnial Prolection Dolly Sods Conference Room (Room IIZ5) 601 57lh Strecl. S.E. ChiuieSton, WV 25304
coMMENTS LIMITED TO: 

# oRAIO wruTTENO som[K] DATE WRITTEN COMMENT PERJOD ENDS: --.-:!.:Ju::.lY..:.l;.:.l·.::20:.:.11:__

______ _ TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: Tho Department requests thai persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. 'lltc issues to be heard shall be limited lo the proposed rule.

A

lTACH A JUll.E[ SUMMARY OF YOUR PROPOSAL



### I'**I~·** 

# s tJ Pnh11r lnrnmlaflon ClffiNo_ Wt!Sl VIrginia Dcpartm<nt of Environmcnlal Protection 601 57 lit Street, S.E. C:harlrc:.tnn. WV _25304.

# ~-·~~ <:; Authori;.; .;.;:

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## ....Do Not Hark In This Box Do Not Hark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE

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# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY: WV Departmcru of Environmental Protection- Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Leglslallve CITE AUTHORITY: W.Va. Code §22-S-4 and Z2-18-6 AMENDMENTTOANEXISTINGRULE: vEst:KJ NoD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Control of Alr Pollutlon from HazardoUJ Waste Treatment. Storage and Disposal Facilities

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---- TITLE OF RULE BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: july II. 2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: W"" Virginia Department of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57th St-. S.F.. Chart.Sion, WV Z$304
COMMENTS LIMITED TO: ORALO WRITTENO BOTHOO
DATE WRITTEN COMMENT PERIOD ENDS:

__ __,j=ut._y.:.;ll.:.;, 2:.:0.:.;11'---------- TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAJLED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
The i!lsucs to be heard shall be limited to the proposed rulo.

A

ITACII A !!RliD: SUMMARY OF YOUR PROPOSAL

, /0.80**f»lrhlir-_fnfnnn:t~tinn** nmr,. West. VIrginia Department of Environmental Protection GO I 57th S!rect, S.E. Ch3r1Moton_ WV 25304 

### NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Form#!**~.~** --J :-:; 

### 2:**::~ ---------------------------~--------~-----**  NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY: WV Department of Environmental Protection- Division of Alr Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY: ...:.W:.:.·V.:.;•::..· Co=de:.,;§:::,:22:,::-5:..;-4:._

_____ _ AMENDMENT TO AN EXISTING RULE: YESCEJ NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Requirement> for Opcratlng Permits

IF NO, SERIES NUMBER 01' RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: july 11.2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West. VIrginia Department of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57th Street. S.E. Charl<iston, WV- 25304
COMMENTS LIMITED TO: ORALO WRITTEND BOTHOO DATE WRITTEN COMMENT PERIOD ENDS:

__ ___::j:::ul._y .:..:11.:..:· 2:::0.:..:11

________ _ TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. The issues to be heard shall be limited to the proposed rule.

AlTACil A BRIEF SUMMARY OF YOUR PROPOSAL

, 1.:1. ·Zh Puhllr**lnfnrm:~tlnn** nmrto West Virginia Department of Environmental Protection 601 57th Street, S.E. Charloston. WV 25304

00 ID N

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Mark In This Box 

### LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Mark In This Box

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### '21 

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... Form Ill**---------------------------~--------~----** NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE
AGENCY: WV**Departn~nt** of Environmental Protection - Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**..:W:!:·..::Y.::.:•·..:::Co~d:::,•.-::§2,:;2;::·5;::·4**______ _ AMENDMENT TO AN EXISTING RULE: YEs0 NoD IF YES, SERIES NUMBER 01' RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Emts>lon Standards for llazardous Air l't>llut.mu

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULB BEING PROPOSED=-------------------

DATE OF PUBLIC HEARING: Jut 11,201 1 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: W""Vtrglnla 0<-part""'ntofFnvtmnr""'"' Prnt<'Ction Dolly Sods Confcrenre Room (Room IJ Z5) 601 57th St""", S.E. Charleston. WV 25304
COMMENTS LIMITED TO: ORAt0 WRITTEND BOTJI0
DATE WRITTEN COMMENT PERIOD ENDS:

__**_.:.:Ju:.~.. Y.:.:** **11 ::.:·**  2 ;:;. 0 :.;. 11

_______ _ TIME: 7:oop.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
The**i~sues** lobe heard shall be limited to the proposed rule.

ATfACH ABJ!!E.ESUMMARY OF YOUR PROPOSAL



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## 'ilO J1uhllr.Infnnn.,tlnn nmr,. Wr>t Vtr!(Jnla Department 

### or Environm<nU!l Protection 601 57th Str,.., S.E. Charlc.tton. WV**25~04**

# '~.,~ <**~-"<'**

Authorized Sig turc**L._::~'-.'::..; r·~·:z::J**  Form #I



# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY; WV Department of Environmental Protection

- Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY: _w"'.'"'V"'a.;_;C;;.;o"'de"'"§"'2Z'--5'--4"-------- AMENDMENT TO AN EXISTING RULE: YEs0 NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· Determining Confonnlty of General Federal Actions to Applicable Implementation Plans (General Confonnity)

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: July 11.2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Vi<gtnia Department of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57th Street. S.E. Charleston. WV 25:304
COMMENTS LIMITED TO: ORALO WRITTEND BOTHC8J
DATE WRITTEN COMMENT PERIOD ENDS:

__ _::.;;Ju"'-ty.;;;ll;.:.;, 2;:;.01:.;.1

_______ _ TIME: 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Oc;partmc;nt requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review ofthese comments.
The iS!iur.:S to be heard :ihall be limited to the proposed rule. £uhlk_lnfnnrnltlnn Offirt> Wr>t VIrginia Department of Envlroruncntal Protection 60157th Stn:et. S.E. Charlcston._WV 2530(

ATI'ACII A JlB!E[ SUMMARY OF YOUR PROPOSAL

# ~- l;o.oo

co ID wDo Not Mark In This Box 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION LEGISLATIVE
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# ----------------------------L--------.....;;_

__ _ NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE AGENCY: WV Department of Environmental Protection

- Division of Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY:**..:W:!;·~V:.:.•·~C:::orl:!::e.li!§Z:;:Z~·5::.::·4** ______ _ AMENDMENT TO AN EXISTING RULE: YESIJD NOD IF YES, SERIES NUMBER OF RULE BEING**AMENDED:~** TITLE OF RULE BEING AMENDED· REPEAL OF· Crecnhau>e Cas Emissions Inventory Program

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---- TITLE OF RULE BEING PROPOSED:-------------------

DATE OF PUBLIC HEARING: Jul II, 2011 TIME: 6:00p.m. LOCATION OF PUBLIC HEARING: West Virginia Departi11Cnt of Environmental Protection Dolly Sods Conference Room (Room 1125) 601 57th Su..,..., S.E.**c~w1.ston:wv** 25304
COMMENTS LIMITED TO: ORAU WRJTTEND BOTHIJD DATE WRITTEN COMMENT PERIOD ENDS:

__**....:::Ju::.~ly~l.:.:1·.:;ZO:.:.l:..1** -------- TIME:. 7:00p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
The Issues to be beard shall be limih:d to the proposed rule.

AlTACfl A 

### .I!BJE.E SUMMARY OF YOUR PROPOSAL


## I s.oo p,,h1ir Tnrnnnatlnn f'lm,... Wes1 Virginia Department of Environmental Protection 601 57lh Street, S.E.**C!.~rlrs.ton.** \W**2~3Q.i**

# ~~~~**~**3 Authorizc;;s;;u;e 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Mark In This Box 

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# -= 1::1 G= 23

Form#2 

# ----------------------------L------------ NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: West Virginia Alcohol Beverage Control Commission TITLE NUMBER: ...:.1..;.:75;._

___ _ RULE TYPE: Legislative CITE AUTHORJTY: W.Va. Code§§ 60-1-1. et seq .. 60-JA-1. et sea.• and 60-1-l...eL.McL AMENDMENT TO AN EXISTING RULE: _2L YES_ NO IF YES, SERIES NUMBER OF RULE BEING AMENDED: --.!.-- TITLE OF RULE BEING AMENDED:

.**...:L:::ic:::;e~ns:!::e::::.d.:.:R:::et::::ai~le:!..r ~OJ:::pe::::ra~t:::io.:,::ns:.__** __________ _ IF NO, SERIES NUMBER OF RULE BEING PROPOSED: TITLE OF RULE BEING PROPOSED:



# ------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. TlliSCOMMENTPERIODWILLENDON 

## ::f.J..,. i) 

### 2.0\\ AT ' I**~'~ct.il'\·** ONLYWRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

Anoop Bhasin, Esq., WVABCA General Counsel 322 70'' Street, S.E. Charleston, WV 25304-2900 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. 

# (;1 

# LttlfLL_ Authorized Signature' ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

# 17.'J.O

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# ""Do Not Mark In This Box 

### LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Form#2



# ------------------------- Do Not Mark In This Box 

## ' ' ,, , ' .:. .·:t J: 

## s "j

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: West Virginia Alcohol Beverage Control Commission TITLE NUMBER:**..:.17.:..::5~---** RULE TYPE: Legislative CITE AUTHORITY: W.Va. Code§§ 60-JA-1. et seq.

AMENDMENT TO AN EXISTING RULE: 

### .JL YES_NO IF YES, SERIES NUMBER OF RULE BEING AMENDED: 5 TITLE OF RULE BEING AMENDED:

.**...:L;:.:ic::::e:!!n2-!si!!Jns:;,;o~f...:R~c:!!ta:.:;ii:..:O::.:u!!.tl::;c:::ts**____________ _ IF NO, SERIES NUMBER OF RULE BEING PROPOSED: TITLE OF RULE BEING PROPOSED:



# ------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICII ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON 

### T;,J-1 <; 1 2.ol\ AT :) :SO 

### A. g... ONLY WRITTEN



# . COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
Anoop Bhasin, Esq., WVABCA General Counsel 322 70" Street. S.E. Charleston, WV 25304-2900 THE ISSUES TO BE HEARD SHALL BE LIMITEP TO THIS PROPOSED RULE.

Autnonzcd Signature A

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### .ll!llE..E SUMMARY 01' YOUR PROPOSAL 

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### 3: 27 

## ADMINISTRATIVE LAW DIVISION Fonn#2 

# ·---------------------------'----------- NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: wv Consolidated Public Retir<menc Board TITLE NUMBER: 162 RULE TYPE: Legislative CITE AUTHORITY:**..!WwY~•-..!C.JloJe!l£.l!L.;S~-IL.IIOJ.!D·::.~I**______ _ AMENDMENT TO AN EXISTING RULE: YES 

### 2.... NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 5 TITLE OF RULE BEING AMENDED:..· P_u_b_Hc_E_m..;p:..loy<e...:...::'...;R::•::•in:::mc:=n::.•;:;SY:.:'::'•:::m:_

___________ _

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---- TITLEOFRULEBEINGPROPOSED:----------------------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERJODWILLENDON JulyS· 2011**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
Tcrasa L. Miller, Actina Executive Director
WV Con5olidatcd Public Retirement Board
4101 MocCurkle Ave., SE CharlcMon, WV 25304 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROrSED RULE.



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# WEST VIRGINIA SECRETARY OF STATE ; .. ';;**--~~·:.~** 

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# ADMINISTRATIVE LAW DIVISION Fonn#2 NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: WV Con....,iidatcd Public Rcoin:mc:nt Board TITLE NUMBER: i62 RULE TYPE: tegi>inoivc CITE AUTHORITY: ..:W::.o·..:V"'•..:·**C.:,od:><<,.;§:~.o5.,_.1-110wQ:;J·t~.-** _____ _ AMENDMENT TO AN EXISTING RULE:**YES~** NO-- IF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 7
TITLE OF RULE BEING AMENDED· Refund. Rcinst:llcment. Retroactive Service. Loan and Employer Error**lntcre~;t** Pact on
IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLEOFRULEBEINGPROPOSED:

__________________________________ ___

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSONMA Y SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON July 5 · 2011**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
Terasa L. Miller. Actina: Executive Director
WV Cun!oolidated Public Rctin:menl Boord 4101 MacCorl<le Ave., SE Cbarlesoon, WV 25304 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THI%PROPOSED RULE.



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# ADMINISTRATIVE LAW DIVISION

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_____ _ NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: wv Con;olid3ted Public Rclin:mcno Board TITLE NUMBER: I62 RULE TYPE: Legi>lnoive CITE AUTHORITY: .,:W;:.. • .,:V"'a•

..:C.:.od"'c'-'§"'5"-·"'IO,.D:;J·I'-------- AMENDMENT TO AN EXISTING RULE:**YES~** NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: Series 9 TITLE OF RULE BEING AMENDED·: .• w_.,_,_v_ir:.gi._n:::i•:::S:::'":::'•.:.P;:ol::;k::.·•----------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:--------------------



# ------------------------------------------ IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANYINTERESTEDPERSONMAYSENDCOMMENTSCONCERNINGTHESEPROPOSEDRULES. THIS COMMENTPERIODWILLENDON JulyS.lOii**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
Tcru!.ll. L. Miller. Acting Executive Director

WV Consolidated Public Retirement Board 4101 MacCorkle Ave., SE Charleston, WV 25304 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. 

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## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION LEGISLATIVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION i:', .:' -:.: r;i 1: 

### r, 1

## -~~-----------------------~-------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: Governor's Committee on Crime, Delinquency and Correction TITLE NUMBER: 149 RULE TYPE: legislative CITE AUTHORITY: West Virginia Sonoe Code 30-29-3 AMENDMENT TO AN EXISTING RULE: YES[2] NOD IF YES, SERIES NUMBER OF RULE BEING AMENDED: .:; 2

___ _ Law Enfon:;:cmenl Training Stand.mJs TITLE OF RULE BEING AMENDED:-------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------



# ·------------------------------------------ DATE OF PUBLIC HEARING: N/A Public comment period being used, slnrting June 3, 2011 TIME:----- LOCATION OF PUBLIC HEARING: N/A Public comment pcnnd bcins used lllnc 3. 2011 through July 6, 2011

coMMENTSLIMITEDTO: 

### oRAtO WRITTENO 

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DATE WRITTEN COMMENT PERIOD ENDS: ,::W:.:•::d"::;"::d•::.Y.:..:•**J::;ul._y.:;:6·.:;2;.:01~1--------­ TIME:~**  WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review oflhcsc comments.
The issues to be heard shall be limited to the proposed rule.

A TT ACII A 

### JlBlEf SUMMARY OF YOUR PROPOSAL 

# I /2..2.0 

# / t:l:i•lirrolrAI"'Ininr'hurlt Ci.rutlo•r Law Enrorccment Tnining Coordinator**UJL~** 1204 Kana.\\ hi Boulc\lard E1st**Ch:nl~stc:on.** WV 2-'i.301

# ')7/r~;~~~ I,., "horized Si 0 naturc**J~rbert** Federspiel Executive Director**2LJi.r..;·~·;-3 r~::s:tr:J**  Form#!



# -------------------------- NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: Governor's Committee on Crime, Delinquency and Correction TITLE NUMBER: 149 RULE TYPE: legislative CITE AUTHORITY: West Virginia Stale Code 62-IA-11 AMENDMENT TO AN EXISTING RULE: YESD NO 

### (K] IF YES, SERIES NUMBER OF RULE BEING AMENDED:----- TITLE OF RULE BEING AMENDED:..·
-------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: _o::._ __ _ TITLE OF RULE BEING PROPOSEL. Motor Vehicle Search Standards

DATE OF PUBLIC HEARING: N/A Public comment period being used, starting June 3. 2011 TIME:----- LOCATION OF PUBLIC HEARING: N/A Public commcnl period being used June 3. 20lllhrough July 6, 2011

COMMENTS LIMITED TO: ORALD WRITTENI:Kl BOTHO DATE WRITTEN COMMENT PERIOD ENDS:**.:;W.:::cd:::nesdli=!.!Y·.:.:lu::!ly:..::6~,** 2:::0:.:11

_______ _ TIME: s:oo p.m. WRITTEN COMMENTS MAY BE MAILED TO: The Dcpartmenl requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.
The issues to he**hear\~** shall be limited to the proposed rule.

A TTACII A J!Rl.E.E SUMMARY OF YOUR PROPOSAL



## 'f.**II~** Rrt1r

..rl**("'&~nlnin** f'hurl.**~m!l** .. r Law Enforcement Training Coordinator UJ\,.-:; 1204 Kanawha Boulevard East**C'hnrl~slnn.** WV 23301 

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## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mark In This Box 

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## ADMINISTRATIVE LAW DIVISION**.£.o~!E----** 

## ------------------- 

## -L---------------

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# \\ e;,v NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Governor's Office of Health Enhanccmc:nt and Lifestyle Planning TITLE NUMBER: 210 RULE TYPE: Legislative CITEAUTHORITY:**.s!.!.!I6!:J·?i.l9:t~H::l-R'-----------** AMENDMENT TO AN EXISTING RULE:**YES~** NO-- IF YES, SERIES NUMBER OF RULE BEING AMENDED:----- TITLE OF RULE BEING AMENDED-Prescription Drug Advertising Expense Reporting

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SENDCOMMENTSCONCERNINO THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON JulyS. 2011**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
GO HELP 1124 Smith Stn:cl. Suite lOS Charleston. WV 25301 GOHELP@w-..gov THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. 

# iPJ(\. HC<L 

# -u**'Zt~~,/iL_A._ A~orized**  Signature ATTACH A J!R!E!!:SUMMARY OF YOUR PROPOSAL


### \ 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

# ADMINISTRATIVE LAW DIVISION Form#2

AGENCY:**~~IQIICC** COIIIIIII§,j1UII Do Not Mark In this Box 

### Lrtt 

## .;t::. -J**r;~** 3= 

### 12

RULE TYPE: Joint Legislative Rule CITE AUTHORITY W.Va. Code §§16-IA-9 and 33-2-10 AMENDMENT TO AN EXISTING RULE: YES_ NO _x_ IF YES, SERIES NUMBER OF RULE BEING AMENDED: TITLE OF RULE BEING AMENDED:

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 89B TITLE OF RULE BEING PROPOSED: Credentialing Verification Organization

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July 8. 2011 AT 5·00 o.m. . ONLY WRITfEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

Timothv Murohv.**Associate_Co~nsel** WV Offices of the Insurance CQinm_i_ssioner P. 0. Box 50540 Charleston WV 25305-0540 Timothv.Murohv@.WYlmurance.gov THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. 

# c&JfL__

---p- . Charles 0. Lorensen Cabinet Secretary West Virginia Department of Revenue 

### 'Lf.(po ATTACII A BRIEF SUMMARY OF YOUR PROPOSAL**~** 00Maureen Lewis From: Sent: To: Subject: Attachments: Dingess. Jennifer L <Jennifer.LDingess@wv.gov> Wednesday, June 08, 201110:27 AM Maureen Lewis SPA 10-06 Special Hospital Payments 2011 APPROVED 

### LEGISLATIVE

/.UitJ 1 .::-G 

### 1'111::.31

SPA 10·06 APPROVED PDF sent to SoS Dolly Keffer and Law 0608ll.pdf**·.I~** 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

# ADMINISTRATIVE LAW DIVISION Do Not Mark In this Box 

### 2at1..:u:.· 

# -s F:: 

### 3= !3

Form#2 Attached please find an approved amendment to the West Virginia Medicaid State Plan. Please find in your Medicaid State Plan book, section 4. I 9-A and replace the pages as indicated below: Page 24 and replace it with the new page 24 Page 24a and replace it with the new page 24a Page 24b and replace it with the new page 24b Page 24c and replace it with the new page 24c WV Code §29A-1-3(c) requires that rules relating to public assistance shall be filed and published in the state register. It is my understanding that the Office of the Secretary of State has accepted the Bureau's format for rules, manuals, etc. Please reply to this email acknowledging receipt. Jennifer b. G.**'f>lngu~. i~el"l'l~ry**  to the**bi';g~t** Counaet**'t'll~a Pes~**  Ill &**iu~an** 'Harman.**~un~~l W~t**  l?irginio**'£>~pat1m~nt** oj tteolth ond ttumon**~ure~ 5u~u**  for**/1\~dit!!ll ~rvl~**  15!10 C..pllo1 it11<et.**~ulte** 2.'51 Cherlulon, Wut 171rglnle 2.'5301**Phon~: 304-15!16-4~9**  fCJ!: 304-,8-1509**J<nnlf~r.b,])ln!J~••@•/\'.tl.;>V ·l'lll~nlion:**  ttiP·MI pt11:**~pgeit\1** ttunJiin::l**R~quir~J** Thi•**~-muil** eommunleutlon I hot you**hu•·~ r~e~iv~~**  may eonluln**prol~el~~ tl~ullh**  lnformulion tPtll) u•**<l~Jin~d** by**Th~ tl~ollh** **ln•urnne~** Porlobility**on~** '!'leoounlobllily '!'let o[l9!lo (t11P'(l·(1).**f~~~rollow monJol~&**  thol you not**u•~** or**Ji•clor.~ th~**  inf.:-rrnatlcn**eC~nte.lnlZ.f.l** hi.nln in ony "',ulJ thbl \\ 1 ill eompromi"e the**pri\'ue~.** r.eeurily cr cc-nfidentioliltJ of**th~ inUi\'idu~Jl**  to whom**th~** infol'l'lolion**p~rtoin•.** If thla**~-moil** communi cot ion hoo**b~~n mi><lir~et~J**  to you. notify**th~ •~nJ~r**  of thia**~-moil** ot your**~nrliiU'I** opportunlly.**d~l~l~ th~** **~-moil** ond**d~•lroy** ony**copi~•** of**th~ ~-moll**  I hot y.;>u moy**hov~** produced. Thts rf:Ql!est for e.ttomey edvlce end Jr.rormatlon from cl1ents is $1.-l:-ject to attorney,rc!.enc priv::ect. The lnforrr.ation conta;ned In this e:ectror.lc messace IS**!~ally pn\'il~e:!**  and c.or.fldentia! under llpphub!e**law~tnd** ts: Intended on!y ror the use of tl"'e**indr~od~.;al** or ent.ty named**abo>~e.** H tne**recl~,ent** of tn:s message is not the eOOve-narr.!d lnte"!de:j recip•ent. you**a~** hereby notified that any**d·ssem.not~an,** copy or d.sc1csure of tr,;s**ccmmun.ca~on** 15 Stt'CVY prohlb,t!d. NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: WV Health Insurance Plan TITLE NUMBER: --1.!Ll 

### !.-------------- RULE TYPE: Legislative CITE AUTHORITY W.Va. Code §33-48-7b
AMENDMENT TO AN EXISTING RULE: YES_X

__ NO

__ _ IF YES, SERIES NUMBER OF RULE BEING AMENDED: , TITLE OF RULE BEING AMENDED: _...!Pr...,e"'m""iu"'-m"-"'Su"-'b""si"'-dyL--------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----------- TITLEOFRULEBEfNGPROPOSED:

_____________________________ _

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July 8. 2011\.T [:00 o.m .. ONLYWRITIENCOMMENTSWIILBE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

TimothY Mumhv, Associate Counsel WV Offices of the Insurance Commililiioner P.O. Box 50540 Charleston. WV 25305-0540 Timothv.Murohv(<Qwvinsurance.l(oV THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.



# (YA__ ""' Charles 0. Lorensen Cabinet Secretary West Virginiil Department of Revenue ATTACH**A~** SUMMARY OF YOUR PROPOSAL 

### (3· "ffO

co 10 10

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mark In this Bo7-LEGISLATIVE 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT _Do Not Mark_ In this Box**itll._~ 1**  •• -,J 

### r ;; 3= :- 

# ADMINISTRATIVE LAW DIVISION Form#2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Insurance Commission TITLE NUMBER: ---'1'-'-1"-4

-------- RULE TYPE: Legislative CITE AUTIIORilY W.Va. Code §33-2-10 AMENDMENT TO AN EXISTING RULE: YES -.X_ NO

__ IF YES, SERIES NUMBER OF RULE BEING AMENDED: 2 TIUE OF RULE BEING AMENDED: Licensing and Conduct**of~** Insurance Producers aJ!L

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

------ TITLE OF RULE BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COI'vlMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON JulyS, 2011 AT 5:00p.m. • ONLYWRfiTENCOMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

Timothy M\!mh_y,__Attorru;y_Sm,J:rYisor WV Office£ ofthe Insuranc<:_Commissioner P. 0. Box 50540 _Qjar!eston WV 25305-0540 .....Iimothy.MurohWilwvinsurance.gov THE ISSUES TO BE HEARD SHALL BE LIMITED TO TillS PROPOSED RULE. 

# CkL---

V Charles 0. Lorensen Cabinet Secretary West Virginia Department of Revenue 

## I _s-.1-o A Tf

AC!l A BRIEF SUMMARY OF YOUR PROPOSAL**~** ': :; l :i 

# ADMINISTRATIVE LAW DIVISION Form#2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Insurance Commission TITLE NUMBER: -'-1 !.:!4'--------- RULE TYPE: Legislative CITE AUTHORITY W.Va. Code §33-2-10 AMENDMENT TO AN EXISTING RULE: YES__]L_ NO

__ IF YES, SERIES NUMBER OF RULE BEING AMENDED: 20 mLE OF RULE BEING AMENDED: Surolus Lines Insurance

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

------ TIUEOFRULE BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July 8, 2011AT 5:00p.m,

. ONLY WRITfENCOMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

Timothy Murphy Associate**Couns~** WV Offices of the Insurance Commissioner P. 0. Box 50540 Charleston WV 25305-0540**Timothv.MurohV(<~WYiost•rance.gov** THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.

# a~ Charles 0. Lorensen Cabinet Secretary West Virginia Department of Revenue 

## .; /0. 

## 8'0 A TT ACII A BRIEF SUMMARY OF YOUR PROPOSAL

<D 0 0Do Not Mark In this Box Do Not Mark In this Box 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT , . .: LEGISLATIVE 

# WEST VIRGINIA SECRETARY OF STATE**i.'~~~··~~-v** 

### L:J:jj 

# ADMINISTRATIVE LAW DIVISION Form#2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Insurance Commission TITLE NUMBER:**-l.ul4~--------** RULE TYPE: Legislative CITE AUTHORITY WV Code §33-2-10 & 33-27-14
AMENDMENT TO AN EXISTING RULE: YES

___ NO--- IF YES, SERIES NUMBER OF RULE BEING AMENDED: 35 TITLE OF RULE BEING AMENDED: Insurance Holding Company Svstcms Beperting Forms

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---------- TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING TI!ESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON ...J.!LJ...v...a.,.._Zli\T _5.:.Q.Q..Q..JJL....ONLYWRITI1:"'NCOMMENTSWILLBE ACCEPTED AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS: .Ji!JlQthy Mumby.**As~.Qllij~""--------**

WV Offices of !W!J'illrilll!'C Commil'SQ.Qer"-----

P. 0. Box50540 Charleston WV**2j~!!L-------- _Iimothy.Mumhy.@.ln'i'l~~~rang~,~o,_,v'-------**  Tl IE ISSUES TO BE HEARD SHALL BE LIMITED TO TillS PROPOSED RULE.

# a~L---- Charles 0. Lorensen Cabinet Secretary West V!Tgmia Department of Revenue 

# ./ }1·'/tJ AlTACII A 

### .!!B.llif SUMMARY OF YOUR PROPOSAL 

### NATALIE E. TENNANT 

# ADMINISTRATIVE LAW DIVISION Form #2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY:_ Insurance Commission TITLE NUMBER: -LIIl.:!4'--------- RULE TYPE: Legislative CITE AUTHORITY WV Code §§33-2-10 and 33-12-35 AMENDMENT TO AN EXISTING RULE: YES_K___ NO

__ _ IF YES, SERIES NUMBER OF RULE BEING AMENDED: __,42.._

____ _ TITLE OF RULE BEING AMENDED: Continuing Education For Individual Insurance Producers

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:---------- TITLE OF RULE BEING PROPOSED:-------------------

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. TillS COMMENTPERlODWlLLENDON July 8. 20JAT 5:00 p.m.ONLYWRTITENCOMMENTSWILLBE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

Tim_othy_Mumhv. Attorney Supervisor WV Offices of the Insurance Commissioner P. 0. Box 50540 Charleston WV 25305-!)540 Timothv.Mumhv(aJwvinsurance.J(ov THE ISSUES TO BE HEARD SHALL BE LIMITED TO Tl liS PROPOSED RULE.

Clmrles 0. Lorensen Cabinet Secretary West Virginia Department of Revenue 

## I S'.'-o ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL

10 0 

# -

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

# ADMINISTRATIVE LAW DIVISION LEGISLATIVE Do Not Mark In this Box**211;~~>:..:** 

## r:: 3:10 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Do Not Mark In This Box 2CI:

. , J :: t 

## m: 2.3

' ''**~.** Form#2 Form #2 

# ·----------------------------'------------

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Offices of the Insurance Commissioner TITLE NUMBER: -L1!.:14!..-

_______ _ RULE TYPE: Legislative CITE AUTHORITY W, Va. Code §33-2-10
AMENDMENT TO AN EXISTING RULE: YES

__ NO __x_ IF YES. SERIES NUMBER OF RULE BEING AMENDED: TITLE OF RULE BEING AMENDED:

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:**-~9~3**___ _ TITLE OF RULE BEING PROPOSED: ...J:!M:uinrui,..!,C..J.O!!B!!'RA;A.

_______________ _

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July 8, 2011 AT 5:00 o.m. . ONLYWRITTENCOMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS:

Timothy Murnhv. Aill!ciate .Counse.,l

______ _ WY Offices of the Insurance Comt!lll8Q.n,_,c"-·r

___ _ P. 0. Box 50540 _£harleston WV 25305-0540

Timothv.Murnhv@wvinsurancc.gov THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.



## !/

## '-f

# ,z.o ATr ACII A BRIEF SUMMARY OF YOUR PROPOSAL NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE
AGENCY: West Virginiil Di\'is.ion of Labor TITLE NUMBER: 42 RULE TYPE: Legislative CITE AUTHORITY: w. Va. Code 21-15-6 and 21-ll-8 AMENDMENT TO AN EXISTING RULE: YES- NO -•- IF YES, SERIES NUMBER OF RULE BEING AMENDED:----- TITLE OF RULE BEING AMENDED·'---------------------

10 IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED: Zipline and Canopy Tour RC5ponsibility Act

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July8,ZOII**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
David W. Mullins, Commissioner Division or Labor Slate Cnpitol Complex Building 6, Room 13-749 Charleston, WV 25305 TilE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.



# att--1d'_ 

# t2

_ ntA-tn---- il Authorized Signature ATTACH A 

### I!R!E.E SUMMARY OF YOUR PROPOSAL 

## #q.oo w;o 

## ma.n._._, #,IC. 

### •</O W/ O?d.nUA./ ;J

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# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Marl< In This Box 

### LEGISLATIVE 

# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mark In this Box**£.\\~·:;-;;** 

### 1:12:Ul 

# ADMINISTRATIVE LAW DIVISION l'om1#2 ....___ 

# __**~_:____** 

# --------------------------

yVP NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE
Uivi-ion ol f'o:nurall{c

..**\\UU:L"~** L:.aw l:.nfun;cn11:nt Sc<.:tton AGENCY: TITLE NUMBER:**5~** RULE TYPE:**l.··~,luti•c-~Ruk** CITE AUTIIORITY: .'c:;":.:-7;.,-**·~~-"""'"''-'""'""-'·':.:,-2'"''---------** AMENDMENT TO AN EXISTING RULE: YES 2_ NOIF YES, SERIES NUMBER OF RULE BEING AMENDED: 27 Trn.E OF Rl JLE BEING**AMENDED:_s.;.·"'-~-·ou_I_M_,_,.,_.oo_,_,,_·ny:._l\c:.:~:::"':::"':::'":::":_'** --------------

IF NO, SERIES NUMIJER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:---------------------

IN LIEU OF A I'URI.IC HEARING, A COMMENT PERIOD liAS BEEN**F~~TABLISIJED** DURING WJJIC'II At\Y INTERES fED PERSON MAY SENOCOMMENTSC'ONC'ERNING TIIESE PROPOSED RULES. TillS ('OMMEI'\TPJ:RIOD WILL END ON July9." 011 A'l**~** ONLYWRIHE!'\ COMMENTS WILL BE ACCEI>J'I'J) AND ARE TO BE MAILED TO TilE FOLLOWING ADDRESS:
Lt.l'olond Jcny B knkins.l>q,UI}I ('hid**Ui~bion** or Naturlll**KL~liUrtC~.la" l~nllii\:CI11Cill**  Scclion 32"' h-.urth Avenue. Uu11!.linJ: 7.&
South Chark.,.rvn WV**1~0UJ·I~2K**

AT I ACII A 

### Illi.!E..E SU1V1o TilE ISSUES TO BE HEARD SIIAI.l. BE LIMITED TO TillS PROPOSED RULE.

# /g~ Authorized Signature 

### 2Dll JL.; -G fii 

### 3: CS 

# ADMINISTRATIVE LAW DIVISION ! 

## •<t Form#2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: Secretary ofDHHR; Insurance Commissioner: and Chair of the Health Care Authority TITLE NUMBER:

_ _,_,I lc::4,_,A.__

______ _ RULE TYPE: Joint Legislative Rule CITE AUTHORITY W.Va. Code §33-4A-8 AMENDMENT TO AN EXISTING RULE: YES

__ NO _x_ IF YES, SERIES NUMBER OP RULE BEING AMENDED: TITLE OP RULE BEING AMENDED:

IF NO, SERIES NUMBER OP RULE BEING PROPOSED:

_**_.2~----** TITLE OF RULE BEING PROPOSED: All-Payer Claims Database Program's Privacy and Security Rule

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDONJuly 8, 2011 AT 5:00p.m. .ONLYWRITTENCOMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

TimothY Murohv. Attoim:y_SunerYisqr WV Offices of the lnsumnceCommissioncr P. 0. Box 50540 __Qjarleston WV 25305-0540

Timothv.Murphy(U/wvinsurance.gov THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.

# rli~ 1:./v-'cli"arles 0. Lorensen Cabinet Secrelllry West Virginia Department of Revenue ATTACH A BRIEF SUMMARY OP YOUR PROPOSAL 

# t 1,.1-'., 0

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# WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mllrk 

### In This Box**-·~** i 

### lUI/ JU.'! -S 

### Fll 3: 17 

# ADMINISTRATIVE LAW DIVISION Fonn #2 ';':j



# ------------------------- '''- NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: West Virginia State Police TITLE NUMBER: 81 RULE TYPE: lntcrpn:tive CITE AUTHORITY: w v. Code &IS-'-2 l & 4 AMENDMENT TO AN EXISTING RULE: YES 

### 2. NOIF YES. SERIES NUMBER OF RULE BEING AMENDED: Series 13 TITLE OF RULE BEING AMENDED:.-O...;rs:.•_m_·za_u_·o_na_l_st_ru_c_tu_rc

_________________ _

IF NO. SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULB BEING PROPOSED:--------------------

IN LIEU OF A PUBLIC HEARING. A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAV SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON Juty 10 • 2011**AT~** ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

rJLt. Joe Whih: Wo:!<!l**Vir~inia** State Police l:M:..:uti\C Ollicc 7251cfl\..-nun Road South**(.'harJ~slon.** WV 25309 TilE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.

# C\l~ V Aulliorized Signature ATTACH A 

### J!RIE.E SUMMARY OF YOUR PROPOSAL



## , 9

.. , () INTERPRETIVE

<D 0


## ....

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mark In This Box Filing Date 

## EMERGENCY 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT Do Not Mark In This Box Flll,ng Date
- 

### 2011 JU:: -2 

### PI\ \: t,O 

# ADMINISTRATIVE LAW DIVISION Fonn #7**~·** 

### ;T:,1E

- - -- - - - - - - -- - -- - - - - -- - - - - -- Effective Oate

NOTICE OF AN EMERGENCY RULE

AGENCY: G(wtmor's Committee on Crime, OelinQ\Iency 11nd Correction TITLE NUMBER: 149 CITE AUTHORITY: Statulory WeSI Virginia State Coo• 30-29-3 EMERGENCY AMENDMENT TO AN EXISTING RULE: YES**~** NOIF YES, SERIES NUMBER OF RULE BEING AMENDED:--------------- TITLE OF RULE BEING**AMENDED,~- l~o~w:.!r;!!·"~ro~rc!:!•m!!!';!!""!..t** **T:.:.'"~in:::i!!lns..:S~tn~n!!!rln:::rrl~•------------**

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----------------- TITLE OF RULE BEING I'ROPOSED:
--------------------

TilE ABOVE RULE IS BEING FILED AS AN EMERGENCY RULE TO BECOME EFFECTIVE AFTER APPROVAL BY SECRETARY OF STATE OR 42ND DAY AFTER FILING, WHICHEVER OCCURS FIRST. TilE FACTS AND CIRCUMST ANC'ES CONSTITlJnNG TilE EMERGENCY ARE AS FOLLOWS: Statutory changes maLic to West Virilinin State Cod«: 30-29, et. ftl., durlna the 2011 Session of Lhc**Wc~t** Vir&mta**Le~i$lature** 1ddn:ssing the certillcation of West Viramill luw enforcement officers take cffcciJunc 10, 20 II. The proposed ch;mges to Series 2 or Title 149 de line and clariry the process by which law cnrorr.:emcnlaJ:cncics, law cnforct:rncnl official&, l11w cnfon;:cmcnt officers and the law Enforr.:c:rncnl Training Subcommith:c, to become the Law Enforcement Professional Standards**Su~omrnitlcc,** will cxtcultS and tilrf)' out the hlatutory ch;,.ngcs made. Such clanfication and ddimtion is requncd at the time or the stat11h1ry tmplcmcntation and can**n~.JI** "·•ul**untilth~** stundard rule mnkin& process is comph:tcd.

Use additional sheets 1£ necessary 

# tt 1.?.**~.-fo 2~11,·:_:-3**  

## :nlu=21 

## ADMINISTRATIVE LAW DIVISION Fonn #7 

## .:E

--------------------------- Effective Date

NOTICE OF AN EMERGENCY RULE

AGENCY: West Vil)linia Division of labor TITLE NUMBER: 42 CITE AUTHORITY: W.Va.**Code21-15~** and 21-15-8 EMERGENCY AMENDMENT TO AN EXISTING RULE: YES

_ N0-"- 11' YES, SERIES NUMBER OF RULE BEING AMENDED:--------------- TITLE OF RULE BEING AMENDED·:..·
------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 10 TITLE OF RULE BEING PROPOSED: Zipline and Canopy Tour Responsibility Act

THE ABOVE RULE IS BEING FILED AS AN EMERGENCY RULE TO BECOME EFFECTIVE AFTER APPROVAL BY SECRETARY OF STATE OR 42ND DAY AFTER FILING, WHICHEVER OCCURS FIRST. TIIEFACTSANDCIRCUMSTANCESCONSTITUTINGTHEEMERGENCY ARE AS FOLLOWS: sec attAchmenl

### ?..-.~ Use additional sheets If necessary 

# \\L-t.W

\D 0 U1

## Docket Number 10-3-9311-H 09-6-9089-X/H 11-6-9412-X 11-6-9413-X 11-2-937Q-P 101234568911-9237-A 1 0-2-9305-P 11-6-9361-H 11-6-9395-X 11-7-9418-X 11-5-9424-X 11-4-9369-A 11-6-9423-X 11-3-9425-X 1 0-2-9149-P 11-5-9427-X 08-6-8823-NH 06-2-8302-A

11·9·9411-X 

# Orders Report
Agency Respondent Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority Health Care Authority

Health Care Authority Thomas Memorial Hospital United Hospital Center Monongalia General Hospital United Summit Center, Inc. Three Rivers Medical Clinics, Inc. FC-Gen Operations Investment, LLC; FC-Gen Real Estate, LLC; Genesis Operations, LLC Cabell Huntington Hospital, Inc. Monongalia General Hospital Monongalia General Hospital Mulberry Street Management Services, Inc. d/b/a Coordinating Council for Independent Living Braley & Thompson, Inc. Greenbrier Presidential Care Monongalia Health System, Inc. Oak Ridge Center and Cedar Ridge Center Logan Regional Medical Center Pleasant Valley Hospital Sundale Nursing Home Trinity Health Care Services, Inc.; Trinity Health Care Services of Logan, Inc.; Trinity Health Care Services of Mingo, Inc. War Memorial Hospital 

## Decision Date 5/23/2011 5/23/2011 5/23/2011 5/23/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 5/31/2011 6/212011 6/212011 6/212011 6/212011 6/212011 6/212011 6/212011 6/212011 6/212011

6/212011 

### Pagel of2

ID 0 0>

### Docket Number 01-FY-2009

09-12 

### Agency

_ __ ___ ResJ!ondent Medical Imaging and Radiation Therapy Technology Board of Examiners Osteopathy Kenneth A. Harrison

Charles J. Bradac, Jr., D.O. 

### Decision Date 9/25/2009

5/19/2011



### Page2of2

1.0 0 -..I

## --
NO. 

## 2011-08
2011-09 201 1-10

2011-11 WEST VIRGINIA ETHICS COMMISSION ADVISORY OPINIONS OPINION SOUGHT


## A Part- Time Prosecuting Attorney asks whether it is permissible to use public resources, including office space, staff and equipment, without reimbursement to the county, in furtherance of his private law practice? A County Hospital asks whether it may accept unsolicited offers of property and/or services from its Board Members. A County Board of Education (BOE) asks whether the spouse of a candidate for superintendent may continue to be employed by the BOE as a School Psychologist, and continue to serve as the Director of Student Services, if her spouse is selected as the new superintendent. A State Agency asks whether its recreation department is a charitable purpose for which it may lawfully**-~elicit** 

## suppoJ!.

__**~-----**

<D 0 cor---


### NO. 

## 2011-04

L_

____ 

### WEST VIRGINIA ETHICS COMMISSION'S COMMITTEE ON OPEN GOVERNMENTAL MEETINGS ADVISORY OPINIONS OPINION SOUGHT 

## A Member of the West Virginia Industrial Council asks whether a procedural rule requiring the chairperson to call a meeting upon the request of at least three members of the council conflicts with the Open Meetings Act.

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1.0 0 1.01-"- I 

### :-I Public Notice 20 12 Proposed Rules ZOIIJU:l-1 

### Pi\4:11
!he West Virginia Di.vision of Air**Qu~lity** has scheduled a public**h.e~ng** on Ju_Jy.l I, 201 I, forji 1 

### TE tts 2012 proposed legrslatrve rules, whtch wrll take place at the Dlvrsron ofEnvtronmental · · Protection's Charleston headquarters. 601 57 1 h Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the propo&ed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State's office or from the DEP at**hup:l/www.drp.wv.gov/pio/Pagcs!Rulcs.a~px.** You may also obtain hard copies of the infonnation by calling the phone number listed below. Written comments may be submitted to the Public Information Office at the above address. Comments may ulso bee-mailed to llep.cnrnmcntsQhvv.gov. The hearing dates, locations and comment deadlines are as follows: Division of Air Quality 45CSR8- Ambient Air Quality Standards 45CSRI4- Pcnnits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Signilicant Deterioration 45CSR 16- Standards of Performance for New Stationary Sources 45CSR18- Control of Air Pollution from Combustion of Solid Waste 45CSR 19
- Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonauainment 45CSR25- Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR30
- Requirements for Operating Permits 45CSR34- Emission Standards for Hazardous Air Pollutants 45CSR35
- Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) 45CSR42- Greenhouse Gas Emissions Inventory Program The public hearing for all air quality rules will take place beginning at 6 p.m. on July II, 2011 in the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at the conclusion of the public hearing on July II, 2011. Upon authorization and promulgation of revisions to45CSR8, 45CSR14, 45CSR19 and 45CSR35,the DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State lrnph!mentation Plan pursuant to the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSRI8, the DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia's Section lll(d)/129 Plan and program delegation of the federal New Source Performance Standards. Rules 45CSRI6, 45CSR25 and 45CSR34 will be submitted to EPA to fullill other federal obligations under the Clean Air Act, including delegations, plans and program approvals. Upon authorization and promulgation of 45CSR30, the rule will be**~ubmittcd** to the U.S. Environmental Protection Agency as a revision to the State's Operating Pcnnit Program under Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed. For more infomwticm 011 ally of the DAQ rules call 304-926-0475. 

### OTHER ·- 

### '. ; . .**~** WEST VIRGINIA HEALTH CARE AUTHORITY 

### S PII 3 23 CERTIFICATE OF NEED 

### 2011 JUll- : 100 Dee Drive Charleston, West Virginia 25311·1600 -·: .. ·**~:·:.c** 

### .**J~dE** June 6, 2011 LEGAL NOTICE
James L. Pitrolo, Jr., Chairman, West Virginia Health Care Authority, announces the following Certificate of Need activities for the week ending June 3, 2011. LETTER OF INTENT FOR EXPEDITED REVIEW RECEIVED June 1, 2011
- Cabell Huntington Hospital, Huntington, Cabell County, CON File #11-2-9441-H, to reconstruct pediatric-related services into a Children's Hospital within Cabell Huntington Hospital; capital expenditure: $18,000,000. LETTER OF INTENT FOR EXEMPTION RECEIVED FOR HOSPITAL AMBULATORY HEALTH CARE FACILITY May 31, 2011- Stonewall Jackson Memorial Hospital, Weston, Lewis County, CON File #11·7-9440-X, for the development of a hospital ambulatory health care facility in Lewis County through the employment of a family practice physician. The physician will remain at his existing practice location, 402 Medical Park Drive, Suite 100, Weston. The capital expenditure associated with the project is $365,805. Any affected person may oppose this proposal by submitting a letter stating the reason for opposition within thirty (30) days of the first date of publication of the public notice to: Marianne Kapinos, General Counsel, West Virginia Health Care Authority, Certificate of Need Program, 100 Dee Drive, Charleston, West Virginia 25311-1600. The last date upon which an affected party may file a letter of opposition to this proposal is July 8, 2011. June 3, 2011 -United Hospital Center, Bridgeport, Harrison County, CON File #11- 6-9442-X, for the development of a hospital ambulatory care facility to be located at 135 Professional Place, Bridgeport, Harrison County. The facility will be staffed by four (4) physicians. The capital expenditure associated with the project is $2,400,000. Any affected person may oppose this proposal by submitting a letter stating the reason for opposition within thirty (30) days of the first date of publication of the public notice to: Marianne Kapinos, General Counsel, West Virginia Health Care Authority,

1.0**~** 0Certificate of Need Program, 100 Dee Drive, Charleston, West Virginia 25311·1600. The last date upon which an affected party may file a letter of opposition to this proposal is July 8, 2011. EXPEDITED APPLICATION RECEIVED May 31, 2011 -Hospice of the Panhandle, Inc., Martinsburg, Berkeley County, CON File #11·9·9406-Y, for the construction of a fourteen (14) bed inpatient hospice facility and a separate office building on the Berkeley/Jefferson County line in Kearneysville, Jefferson County; capital expenditure: $11,650,099. APPLICATIONS DECLARED COMPLETE AND UNDER REVIEW An application declared complete is one in which there is sufficient information for the Authority to make an informed decision. It does not mean that the approval of the application is warranted. EXPEDITED APPLICATIONS May 26,2011- Davis Memorial Hospital, Elkins, Randolph County, CON File #11·7· 9362-H, for the construction of an addition to the hospital; capital expenditure: $13,000,000. May 26,2011- HCRMC Operations, LLC, Toledo, Ohio, CON File #11·1/3/4/6/8/9· 9422-NH, for the proposed issuance by HCRMC of securities that is related in part to seven West Virginia nursing homes operated by HCRMC subsidiaries; capital expenditure: $44,250,000. May 27, 2011- Omega Healthcare Investors, Inc., a Delaware company, CON File #11·9·9426-A, for the acquisition of all of the membership interests in PV Realty· Willow Tree, LLC. The acquisition will result in OHI becoming the sole member of PV Really • Willow Tree, LLC, the owner of the land and buildings that are currently and will continue to be leased to Blue Ridge Nursing, LLC, the licensed operator of Willow Tree Manor, a nursing home situated on the property located in Charles Town, Jefferson County; capital expenditure: $16,500,000. The review cycle for the above-referenced projects is as follows: June 11, 2011
- Review cycle begins; June 21, 2011
- Last date for an affected person to present reasons why the applicant should complete a standard application to tho Authority; July 11, 2011
- Last date for an affected person to request a public hearing on the project. If a public hearing is requested, notice of time and place will be given in the 

### OTHER Saturday editions of the Charleston Gazette and the Charleston Daily Mail, as well as the State Register; July 12, 2011 -If no public hearing is requested, the file will close and no further information or evidence will be accepted by the Authority and no further contact with the Authority regarding the substance of the application will be permitted; August 15, 2011
- Decision on the project will be issued by the Authority. PROJECTS DETERMINED NOT REVIEWABLE June 2, 2011 -Braley & Thompson, Inc., Dunbar, Kanawha County, CON File #11-5· 9424-X for the relocation of its office from 1600**7tt~** Street, Parkersburg, to 1500 Grand Central, Suite 10, Vienna, both in Wood County; no capital expenditure. June 2, 2011
- Mulberry Street Management Services, Inc. d/b/a Coordinating Council for Independent Living, Elkins, Randolph County, CON File #11-7-9418-X, for the complete relocation of its Randolph County office from 1200 Harrison Avenue, Elkins, to 501 Wilson Lane, Suite 3, Elkins; no capital expenditure. June 2, 2011 -Oak Ridge Center and Cedar Ridge Center, Kanawha County, CON File #11·3·9425-X, for the relocation of one licensed nursing home bed from Cedar Ridge Center to Oak Ridge Center. Both nursing homes are located in Kanawha County and there will be no increased cost to Medicaid; no capital expenditure. June 2, 2011
- Pleasant Valley Hospital, Point Pleasant, Mason County, CON File #11·5·9427-X, for the complete relocation of the PVH owned physician practice from 146 Pinnell Street to 619 W. Main Street, both of Ripley, Jackson County; no capital expenditure. AMENDED PROJECT EXEMPT FROM REVIEW May 31, 2011
- Monongalia General Hospital, Morgantown, Monongalia County, CON File #11·6·9395-X, for the development of an OB/GYN physician practice to be located at Suncrest Town Center Drive, Morgantown, Monongalia County; no capital expenditure. PROJECTS EXEMPT FROM REVIEW June 2, 2011
- Monongalia Health System, Inc., Morgantown, Monongalia County, CON File #11·6·9423-X, for the construction of an access road to Monongalia General Hospital by MHS; capital expenditure: $4,525,000. June 2, 2011 -War Memorial Hospital, Berkeley Springs, Morgan County, CON File #11·9-9411-X, for the establishment of a provider-based clinic in Morgan County through a professional services contract with its affiliate, Valley Physician Enterprise,lnc. The clinic will provide primary care outpatient services to WMH patients; no capital expenditure.



# "' 

# ...EXTENSION GRANTED June 2, 2011- Logan Regional Medical Center, Logan, Logan County, CON File#10- 2-9149-P, for the development of diagnostic services, in Man, Logan County; capital expenditure: $300,000. Extension granted through December 25, 2011. RENEWAL GRANTED June 2, 2011
- Trinity Health Care Services, Inc., Trinity Health Care Services of Logan,lnc., Trinity Health Care Services of Mingo, Inc., Charlotte, North Carolina, CON File #06-2-8302-A, for the acquisition of substantially all the assets of two nursing homes in southern West Virginia- Logan Park Care Center and Mingo Health Care Center; capital expenditure: $9,800,000. Renewal granted through June 30, 2012. NOTICE OF SUBSTANTIAL COMPLIANCE AND DECISION ON SUBSTANTIAL CHANGE The following project has been implemented in substantial compliance and the case file is now closed: June 2, 2011
- Sundale Nursing Home, Morgantown, Monongalia County, CON File #08-6-8823-NH, for the development of a fifteen (15) bed unit dedicated to end-of-life care for hospice and terminally ill patients now designated the Palliative Care Center; new capital expenditure: $2,604,871. It is ORDERED that the increase in the approved capital expenditure from $2,500,000 to $2,604,871 DOES NOT constitute a substantial change to the approved project. NOTICE OF CONDITIONAL SUBSTANTIAL COMPLIANCE The following project has been implemented in conditional substantial compliance pending submission of final cost figures: June 2, 2011 -Greenbrier Presidential Care, Lewisburg, Greenbrier County, CON File # 11-4-9369-A, for the acquisition ofThe Greenbrier Clinic, Inc., a designated ambulatory surgery center located within The Greenbrier Resort in Lewisburg, Greenbrier County; capital expenditure: $2,600,000. Further information may be obtained on any of the above-referenced projects by contacting Timothy E. Adkins, Director, Certificate of Need Division.
l"......,.""'t'tl

__**,>,.l~lt** 

### OTHER C""

TO:

FROM: DATE: WV Office of Miners' Health, Safety & Training C. A. Phillips, Acting Director 1615 Washington Street East• Charleston, West VIrginia • 25311·2126 Telephone 304·558·1425 • Fax 304·558·1282 www wymjne:aafety ore 

# MEMORANDUM

WV Underground Mine Operators Interested Parties C. A. Phillips, Acting Director 

### (!/1f june 7, 2011 RE: 22A-2·37(t)(S) :/,. 

### -**?51~·~--** rn"i• 

### ,_, 

## =
{_..**~** I -J**~** c.n w

22A-2-37(t)(S) of the West Virginia Code requires "All self-propelled track equipment shall be equipped with two way communications". Recently trolley phones and other similar communication devices on self-propelled track equipment have been replaced in some instances by communication devices required by Title 56 Series 4 of the West Virginia Code of Regulations. The purpose of this memorandum is to assure that the industry is aware that the mine's telephone system may be utilized as a two way communication system for track mounted vehicles, when any other communication device being utilized to meet the provisions of 22A·2-37(t)(S), are disabled. PROVIDED THAT: REPAIRS ARE INITIATED IMMEDIATELY AND ARE COMPLETED WITHIN A REASONABLE PERIOD. The above is consistent with this agency's enforcement policy regarding disabled trolley phones.

CAP:ks

• Region Ono ·• 14 Commerce Or. Ste 1 -Westover. Wast**Virg~ia** 26501 • Telephone 304-285-3268 • F&K 304-285·3275 • Region Two • 891 Stewart St. • Welch. West VIrginia 248ll1-231 1 • Telephone 304-436-8421 • Fox 304-436·2100 • Region Throe • 137 Peach Court. Suite 2 • OanvUie, WeSI Virginia 25053 • Telephone 304-369-7823 • Fa. 304-369-7829 • Region Four • 550 Industrial**Or.~** Oak Hill, West Vlrglnia 25901-9714 • Telephone 304-469-8100 • Fu 304-469-4059 I:

1.0 

# - NfmoortanJ Notjcc To State A**gt~ncics** Rcyardjng Submjttjng UCC <Uniform Commercial Code> Through the Secretary of State's OfOce Beginning. July I, 2011 all state agencies that submit UCC (Unifom1 Commercial Code) filings through the Office of Secretary of State will be required to pay the statutory fee as set forth in §46-9-525 of the West Virginia Code along with the required documents for service. To avoid a delay in filing and possible return of the document(s). agencies must make sure that proper payment and required dOl'Uments arc sent to the Secretary of State's Oflice. Payment may be made by check, money order, credit card or IGT (intergovernmental transfer). Any questions regarding this notice may be directed to a member of the Secretary of State's UCC Section either by phoning 304-558-8000 or via email at; ucc0 1 wvsos.com.**~** 

## = '-... 

### s:: I cr. =--: ::_,**~:-** '!? n:**~.)** l.O 

### OTHER

''



# "' _. wDeadline Date January 5, 2011 January 12, 2011 January 19, 2011 January 26, 2011 February 2, 2011 February 9, 2011 February 16, 2011 February 23, 2011 March 2, 2011 March 9, 2011 March 16, 2011 March 23, 2011 March 30, 2011 April6, 2011 April 13, 2011 April 20, 2011 April27, 2011 May 4, 2011 May 11,2011 May 18,2011 May 25,2011 June 1, 2011 June 8, 2011 June 15, 2011 June 22, 2011 June 29, 2011 

### THE FOLLOWING ARE PUBLICATION DATES OF THE STATE REGISTER FOR 2011 DATES ARE THE DATES ALL FILINGS ARE TO BE RECEIVED IN THE SECRETARY OF STATE'S OFFICE IN ORDER FOR THE MATERIAL TO APPEAR IN THE STATE REGISTER PUBLISHED ON THE DATE LISTED.

Publication Date Meeting may be held Deadline Date Publication Date Meeting may be held on or after on or after January 7, 2011 January 12, 2011 July 6, 2011 July 8, 2011 July13, 2011 January 14, 2011 January 19, 2011 July 13, 2011 July 15, 2011 July20, 2011 January 21, 2011 January 26, 2011 July 20, 2011 July 22, 2011 July 27, 2011 January 28, 2011 February 2, 2011 July 27, 2011 July 29, 2011 AUClUSt 3, 2011 February 4, 2011 Februar}' 9, 2011 August 3, 2011 August 5, 2011 August 10, 2011 February 11, 2011 February 16, 2011 August 10, 2011 August 12, 2011 AUClUSt 17, 2011 February 18, 2011 February 23, 2011 August 17, 2011 August 19, 2011 AUClUSt 24, 2011 February 25, 2011 March 2 2011 August 24, 2011 August 26, 2011 August 31,2011 March 4, 2011 March 9, 2011 August31, 2011 September 2, 2011 September 7, 2011 March 11, 2011 March 16,2011 September 7, 2011 September 9, 2011 September 14, 2011 March 18, 2011 March 23, 2011 September 14, 2011 September 16, 2011 September 21, 2011 March 25, 2011 March 30, 2011 September21, 2011 September 23, 2011 September 28, 2011 April1, 2011 April 6, 2011 September 28, 2011 September 30, 2011 October 5, 2011 April 8, 2011 April13, 2011 October 5, 2011 October 7, 2011 October 12,2011 April 15, 2011 April 20, 2011 October 12, 2011 October 14, 2011 October 19,2011 April 22, 2011 April27, 2011 October 19, 2011 October 21, 2011 October 26, 2011 April 29, 2011 May4, 2011 October 26, 2011 October 28, 2011 November 2, 2011 May 6, 2011 Ma}'11, 2011 November 2, 2011 November 4, 2011 November 9 2011 May 13,2011 May 18,2011 November 8, 2011 November 10, 2011 November 15, 2011 May 20,2011 May25, 2011 November 16,2011 November 18, 2011 November 23, 2011 May 27, 2011 June 1, 2011 November 21, 2011 November 23, 2011 November 28, 2011 June 3, 2011 June 8, 2011 November 30, 2011 December 2, 2011 December 7 2011 June 10, 2011 June 15,2011 December 7, 2011 December 9, 2011 December 14, 2011 June 17, 2011 June 22, 2011 December 14,2011 December 16, 2011 December 21, 2011 June 24, 2011 June 29, 2011 December 21, 2011 December 23, 2011 December 28, 2011 July 1, 2011 JulyS, 2011 December 28, 2011 December 30, 2011 January4, 2012

## 1 ENVIRONMENTAL PROTEC TION ADVISORY COUNCIL MEETING MINUTES June 2, 2011 I. C ALL TO 

## O RDER 

## Kristin A. Boggs, Ex Officio Chair designated by Secretary Randy Huffman , called to order the regular meeting of the DEP Advisory Council at 1:35 p.m. on June 2, 2011 at the headquarters of the West Virginia Depa rtment of Environmental Protection, 601 57th Street Southeast, Charleston, West Virginia. Agendas were distributed. II. ROLL 

## C ALL 

## Members present: Lisa Dooley, Jackie Hallinan, Ted Hapney, Larry Harris, Bill Raney, and Rick Roberts. Karen Price was absent. The meeting was also attended by the followi ng DEP personnel and invited guests: Lisa A. McClung, Deputy Cabinet Secretary; Kathy Cosco, Chief Communication Officer; James L. Mason, Division of Air Quality ; Donald W. Martin, Division of Land Restoration; Charles W. Armstead, Divisi on of Water & Waste Management; and David L. Johnston, Division of Water & Waste Management. Sherrie A. Armstrong and John Ailes of Bailey & Glasser attended the meeting at Ms. Boggs’ invitation to fulfill Dr. Harris’ request at the March 17 meeting that the DEP provide some information on the implications of the West Virginia Highlands Conservancy v. Huffmandecision. Also in attendance were the following members of the public: Don Garvin of the Ohio Valley Environmental Coalition; Don Gasp er of Trout Unlimited; and Rosa Rose. III. O LD 

## B USINESS 

## Minutes of the March 17, 2011 Meeting.The minutes were emailed and provided to Council in hard copy. Mr. Raney moved for approval of the minutes, Ms. Dooley seconded the motion, and it was ca rried by acclamation of Council. IV. S PECIAL 

## P RESENTATION 

## Ms. Armstrong, who – along with Benjamin L. Bailey - represented the DEP in the Fourth Circuit Court of Appeals in West Virginia Highlands Conservancy v. Huffman (the “special rec” or “bond forfeiture” cases), gave a brief overview of the possible consequences of the decision rendered in that case. John Ai les of Bailey & Glasser also participated in the presentation. In sum, anunintended consequence of this ruling could be that watershed groups, which volunteer their time and resources to clean up pre-law mine sites, could be required to get NPDES permits. Dr. Harris suggested that a way out for Good Samaritan watershed groups would be to partner with the State and let the State obtain the NPDES permits. Mr. Ailes then opined

## 2 that the chilling effect on beneficial partnerships between citizen groups and the regulatory agencies it is one of the unintended consequences of the ruling and that this is an opportunity for the DEP to look into rulemaking to address some of these issues. Ms. Dooley asked if the agency could waive the permit applic ation fees for Good Samaritan groups like some municipalities waive business lic ense fees, and DEP did not foreclose that possibility. That is one of the issues that could be addressed in future rulemaking. Mr. Roberts asked if this ruling would apply to AML, and Ms. Armstrong answered that we do not think so, since AML is governed by a separateset of rules. Mr. Raney asked if this ruling could apply to other industrial discharges, and Ms. Armstrong answered no. V. PROPOSED 

## 2012LEGISLATIVE RULES 

## Division of Air Quality  45 CSR 8 – Ambient Air Quality Standards– Annual incorporation by reference amendments to the NAAQS, including Primary National Ambient Air Quality standard for sulfur dioxide.  45 CSR 14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Preven tion of Significant Deterioration– Revisions to the rule incorporate changes to the federal counterpart, “Prevention of Significant Deterioration for Particulate Matter Less Than2.5 Micrometers – Increments, Significant Impact Levels and Significant Monitoring Concentration.”
♦ Dr. Harris asked the following questions regarding this rule : What is a PAL? Are there any in West Virginia? Would it apply to the TransGas facility in Mingo County? On behalf of the Division of Air Quality, James L. Mason answered that a PAL is a plant-wide applicability unit, and it may apply to the TransGas facility, but TransGas would have to apply for it. Mr. Mason was unsure if there were any PALs in West Virginia, but he advised the Counc il he would get back to them with a response. 1 

##  45 CSR 16 – Standards of Performance for New Stationary Sources– Annual incorporation by reference amendments to the NSPS.

1 

## Mr. Mason has determined since the June 2 meetin g that, because the TransGas facility is a synthetic minor source, 45CSR14 did not apply to the permitting process. If TransGas were to become a major source, 45CSR14 may then apply. Mr. Mason also determined that there are no permitted PALs in West Virginia at this time.

## 3  45 CSR 18 – Combustion of Solid Waste– The revised rule incorporates by reference the amended Standards of Performance for Ne w Commercial and Industrial Solid Waste Incineration Units and sets forth emi ssion guidelines for existing commercial and industrial solid waste incineration units. The new CISWI language was pulled from the proposed rule based on EPA’s recent delay of the rule’s effective date.  45 CSR 19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Caus e or Contribute to Nonattainment – Revisions to the rule include new significant imp act levels promulgated by EPA.
♦ Mr. Raney inquired whether Marcellus pads fall under this rule. The short answer, as provided by Mr. Garvin and Deputy Secretary McClung, is no.  45 CSR 25 – Control of Air Pollution from Hazar dous Waste Treatment, Storage and Disposal Facilities– Revisions to the rule include annual incorporation-by-reference updates.  45 CSR 30 – Requirements for Operating Permits– Revisions to the rule implement the provisions of EPA’s final Greenhouse Gas Tailoring Rule. Language is added that is intended to rescind elements of the Tailori ng Rule if a court, Congress, EPA or the President finds that GHGs are not subject to re gulation. In order to effect the provisions of the Tailoring Rule as soon as practi cable, and in accordance with EPA-mandated timelines, West Virginia has adopted this rule as an emergency rule.
♦ Dr. Harris asked what an alternative operating scenario is, and Mr. Mason explained that, once an operating system is approved, the permittee can propose something different and, if it is allowed by the rule, the Secretary can approve it as an alternative operating scenario. Dr. Harri s then asked what “approved replicatable methodology” is, and Mr. Mason clarifie d that approved replicatable methodology (“ARM”) goes along with alternative operating scenarios: we want reproducible science, and the ARM is used to prove how the permittee plans to meet its permit limits.
♦ Mr. Mason also clarified for Council that the rescission language amended into the rule in the emergency rulemaking process is only applicable to greenhouse gases and not any other pollutant.  45 CSR 34 – Emission Standards for Hazardous Air Pollutants– Annual incorporationby-reference revisions to the Hazardous Air Pollutant rule.  45 CSR 35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementa tion Plans (General Conformity)– This revised rule incorporates by reference the following provisions of 40 CFR 93: Revisions to the General Conformity Regulations.  45 CSR 42 – Greenhouse Gas Emissions Inventory Program– DAQ is proposing to repeal this rule because on October 30, 2009, EPA promulgated standardized greenhouse

## 4 reporting requirements, “Mandatory Reporting of Greenhouse Gases.” Because 45 CSR 42 was promulgated before the EPA finalizedits mandatory greenhouse gas reporting requirements, and the rule’s approach togreenhouse gas reporting was significantly different from EPA’s final approach, the DAQ has determined that sources subject to EPA’s Mandatory Reporting of Greenhouse Gases shall not be also subject to the differing requirements of this State rule. To further eliminate this conflict, the DEP will take steps to amend W. Va. Code § 22-5-19, which authorizes the Secretary to propose legislative rules establishing a Greenhouse Ga s Inventory Program. Such amendment to the Code will provide for the Cabinet Secretary to allow reporting under EPA’s Mandatory Reporting of Greenhouse Gases to satisfy greenhouse gas reporting requirements in West Virginia.

D IVISION OF 

## LAND 

## RESTORATION 

##  60 CSR 3 – Voluntary Remediation and Redevelopment Rule– This rule is being revised to update the de minimusclean-up standards. This ch ange is necessary, because the toxicological profiles for many chemicals in the federal IRIS database have been revised, which necessitates changes to the de minimustable. Division of Water & Waste Management  33 CSR 1 – Solid Waste Management Rule– Revisions to this rule are to add the definition of “covered electronic devices” to the list of defined terms and to add covered electronic devices as an unacceptable waste bannedfrom disposal in the State’s landfills. This revision is necessary due to the pa ssage of Senate Bill 298 on March 12, 2010, which amended and reenacted W. Va. Code§ 22-15A-25 to ban certain electronic devices from landfill disposal.  33 CSR 20 – Hazardous Waste Management Rule– Revisions to the rule include annual incorporation-by-reference updates from the federal counterpart. Further, DWWM proposes to amend the rule to reflect that the authority it previous ly transferred to the Division of Highways to regulate hazardous wa ste on the highways has been transferred by statute to the Public Service Commission when the Weights & Measures Section was transferred from the DOH to the PSC. Dr. Harris moved that the propo sed 2012 Legislative rules be approved for submission to the Legislature; Mr. Hapney seconde d the motion; Mr. Raney objectedonly on the basis that the DAQ rules are complex and difficult to understand, and he wants to make sure DEP is not simply adopting federal recommendations without adequateconsideration to the needs of the economy of West Virginia. The motion toapprove the rule was then carried by acclamation of Council.

## 5 VI. O THER 

## B USINESS 

##  Ms. Hallinan advised the DEP to keep pushing Marcellus regulations.  Dr. Harris expressed serious concerns about the Marcellus permits issued in Monongalia County close to a public drinking water intake . Specifically, he opined that allowing natural gas drilling so close to a water intake is the most irresponsible siting he has ever seen and that once there has been accident, it is too late to do anything. He advised DEP that Morgantown is considering a moratorium on Marcellus drilling. He finally advised DEP that there should be a public commentperiod on Marcellus well work permits.  The next Advisory Council meeting will be Thursday, September 22, 2011 at 1:30 p.m

. VII. A DJOURNMENT 

## Mr. Hapney moved that the meeting be adj ourned, Ms. Hallinan seconded the motion, Dr. Harris objected, based on Ms. Boggs’ failureto allow public comment at the meeting, and the motion carried by acclamation of Council. The meeting was adjourned at 2:30 p.m.

# DEPARTMENT OF ENVI RONMENTAL PROT ECTI ON DIVI SI ON OF AIR Q UALIT Y BRI EFINGDOCUMENT

Rule Title: 45CSR35 - “Requirements for DeterminingConformity of General Federal Actions to Applicable Air Quality Implementation Plan s (General Conformity) ”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMAR

Y OFRULE: This rule establishes and adopts the requirements of 40 CFR Part 93, S ubp art B, “Determining Conformity of General Fe deral Actions to State or Fe deral Implementation Plans” for the purpose of meeting the implementation plan requirements of 40 CFR §51.851. 40 CFR Part 93 Subpart B was promulg ated by the U.S. Environmental Protection Agency to implement Section 176(c) of the Clean Air Act (CAA), which require s that all fe deral actions confor

m to any applicable implementation plan. This rule codifies g eneral criteria, proce dures a

nd requirements for demonstrating and assuring confor mity of such actions to any applicableimplementation plan.

C. STATE MENT OFCIRCUM STANCES WH ICH REQUIRE RULE: 40 CFR §51.851 sets forth implementation plan re quirements for states to adopt criteria and proce dures for ma king general c onf

ormity deter

minations that are consistent with federal g eneral confor

mity rule 40 CFR Part 93, Subpart B. Promulgation of this rule by the Legislature is nec essar

y for the State to f

ulfill it s responsibilities under the CAA. Revisions to the rule include a si mp l i fi ed title and revised Scope, g eneral rule updates, incorpora

tion by ref erenc e r ule re str uctu re and language clarification for the purpose of consistency, and a new subsection 1.6 - “F ormer Rules”. Def initions that are not used in the rule have be en struck, and minimal definitions added to be consistent with other DAQ incorpora tion by ref

erence rules. The definition of “applica ble state implementation Plan” has been revised to more closely follow the fe deral counterpa rt definition. Additionally, a new section 5 - “Inconsistency Between Rules” as been added t o be consistent with other DAQ rules. The Requirements section has also been revised to include updated l anguage from the f ederal counter

part.

## Briefin g Docum ent

45CSR35 P age 2 After promul gat i on, the DAQ will submit final rule 45CSR35 as a revision to the State Implementation Plan to satisfy the requirements of 40 CFR §51.851. This revised rule incorpora tes by ref erence the following provisions of 40 CFR Part 93 promulg ated as of June 1, 2011: Revisions to the General Conformity Regulations.

D. FEDERAL COUNTERPART REGULATIONS - INCORP ORATION BY REFERENCE/DET ERMINATION OFSTRINGENCY: A federal counter

part to this proposed rule exis ts. In acc ordanc e with the Secretary ’s rec ommendation, and with limit ed exception, the Division of Air Quality proposes that the rule incorpora

te by ref erence the federal counter parts. Be cause th e p ro p o sed rule incorpora tes by ref erence the federal counter part, no deter

mination of stringency is require d.

E. CONSTIT UTIONAL TAKINGS DETE RMINATION: In acc ordanc e with W.Va. C ode §§22-1A-1 and 3(c), the Secreta ry has determined that this rule will not result in taking of p ri v at e proper ty within the meaning of the Constitutions of West Virginia a nd the United States of America

.
F . CONSULTATIO N WITH THE E NVIRONMENTAL PROTECTIO N ADVISORY COUNC IL: At its June 2, 2011 meeting , the Enviro nm ental Protection Advisory Council reviewed a

nd discussed this rule. (Seeattache d minutes for Council’s discussion).

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## TITLE 45 LEGISLATIVE RULE DIVISI ON DEP ARTMENT O FENVIRO NMENTAL P ROTECTI ON

OF F ICE O FAIR Q UALITY SERIES 3 5 REQUI REMENTS F OR DETERMINI NG CONF ORM ITYO FGENERAL F EDERAL ACTIO NS

TO AP P LICAB LE AIR Q UALITYIM P LEMENTATIO N P LANS

(GENERAL CO NF ORM ITY)
§45- 35- 1. Gener al. 1.1. Scop e. - - The purpos e of thi s rul e is to adopt This rul e est abl is hes and adopts the re quire ment s of 40 CFR Part 93, Subp art B, “Det ermin i n g C o n f o rmity of General Federal Action s to State or Fede ral Im ple ment ation Plans” for the purpos e of meeting the implementati on plan re quirement s of 40 CFR §51. 851. The fe deral rul e 40 CFR Part 93 Subp art B was pro m ulgat ed by the U.S. Enviro nmental Pro te ction Agency (U S E P A) t o implement Sec ti on 176( c) of the Cle an Air Act (CAA) , as amended (42 U.S.C. 7401 et s e q . ) whic h re quire s that al l fe deral action s con form to any app li cab le air quali ty implementati on plans plan. This rul e set s forth pol ic y, codif ie s gene r a l c ri t e ri a, and pro cedure s and re quire ment s for demonstrating and ass uring con formity of suc h activitie s action s to al l any app li cab le implementati on plans developed pur suant to Sec ti on 110 and Part D of the CAA. The ru l e ge n e rally app li es to fe deral action s exc ept : (1) Thos e re quire d unde r the transportati on con formity rul e [40 CFR Part 93, Subp art A]; (2) Action s with ass oci at ed emissi ons bel ow spe ci fi ed de mini mis levels; and (3) Certain oth er action s whic h are exem pt or pre sumed to c o n f o rm t o app li cab le air quali ty implementati on plans plan. The Sec re tary hereby adopts the se re quire ment s by re ference . 1.2. Auth ori ty. -
-W. V a. Co de § 22- 5- 1 etse q §2 2- 5-4. 1.3. Fil ing Dat e. - -April28, 1995

. 1.4. Eff ective Dat e. - -May 1, 1995

. 1.5. Inco rpo rati on by Ref erenc e. -- Fede ral Count erpart Regulation s- Regulation

. The Direct or Sec re tary has det ermine d that a fe deral counterpart re gulation exi st s, and in acc ordanc e with the Direct or's S ecr et ary’s re commendation , with li mited exc eption , thi s rul e inc orp orate s by ref erenc e, 40 CFR Part 9 3 , Subp art B, ef

fe ctive June1, 2 011. 1.6. Former Rule s. - - This le gislati ve ru l e amends 45CSR35

- “Requir ements for Det ermini ng Conf ormity of General Fede ral Action s to Appl ic abl e Air Qual ity Im ple me nt at i o n P lans (General Conf ormity)”whi ch wa s f

il ed Ap ri l 2 8, 19 95, and whi ch b ecame e ff ective M ay 1, 199 5. §45- 35- 2. Def

initi ons. For th e purpo se of thi s rule , th e f oll owin g definition s s hal l b e us ed: 2.1. Unle ss spe ci fi ed or added bel ow, al l terms use d, but not def ine d, shall have the meaning given the m

1

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## or re ferred t o by 40 CFR P art 9 3, Se ction93.1 52, “ Def ini ti ons ”. 2.2 “Appl ic abl e State Im plement ation Plan” (S IP) , [als o re ferred to as “appli cab le air quali ty implementati on plan(s )” , “appli cab le implementati on plan(s )” , or “appli cab le SIP”] spe ci fi cal ly mean s the We st V irginia State Im

ple ment ation Plan, inc luding the most current revisio ns app roved by the Unit ed State s Enviro nmental Pro te ction Agency (USEPA) and any Federal Im ple mentation Plan implemente d in the State of We stV irginiapur suant to theCle an Air Ac t. 2.3. “Dire ctor” mean s the Direct or of the We st V irginia Divisi on of Enviro nment al Pro te ction or suc h oth er per son to whom the Director has del egate d authority or dutie s pur suant to W. V a. Code §22-1- 6 or §22- 1- 8. 2.4. “Divisio n of Enviro nment al Pro te ction ” (DEP) mean s the Di visio n of Enviro nment alPro te ction as def ine d in W . V a. Co de § 22- 1- 1 etse q. 2.5. “St at e Governor” means theGoverno r o f W estV irginiaor hi s orherdes ignat ed r eprese ntati ve. 2.6. “St at e and Local Air Qual ity Agency(ie s) ” and “Stat e Agency” mean s the We st V irginiaDivis ion of Enviro nment alPro te ction , Off ic e of AirQual ity. 2.1. “Appl ic abl e implementati on plan” or “appli cab le SIP” mean s the porti on (or porti ons ) of the st at e implementati on plan or most re cent revisi on ther eof , which has been appro ved unde r §110(k) of the CAA, a fede ral i m

ple ment ationpl an p romulgate d under§11 0(c ) o f the CAA, or a plan pro m ulgated or approved pur suant t o § 3 0 1 ( d) of the CAA (T ribal implementati on plan or T IP) and whic h implements the re le vant re quire ment s of

th e CAA. 2.2. CAA mean s the Cl eanAirAct , as amended (42 U.S.C. 7 401 etse q.)

. 2.3. “Se cret ary” mean s the S ecret ary of the Department of Environment alPro te ctionorotherper son to whom the Se cret ary has de le gated authority or dutie s pursuant t o W .V a. Co de § §22-1- 6 or22- 1- 8. 2.4. Othe r word s and phrase s use d in thi s rul e, un l ess oth erwis e indic at ed, shall have the meaning asc ribed to the m in 40 CFR §93. 152. Wo rds and phrase s not def ine d therein shal l have the meaning given to them infe deralCle an Air Ac t. §45- 35- 3. Ado pti on of

Crite ri a, P roc edur es and Re quir em ent s. 3.1. The Direct or hereby adopts and inc orp orat e s b y re ference the pro visio ns of 40 CFR Part 93, Subp art B, inc luding ass oci at ed crit eria , pro cedure s and re quire ment s containe d in 40 CFR Part 93, Subp art B, as in ef fe ct on J anu ary 31, 1994 , for the purpos e of meeting the re quire ment s of 40 CFR Part 51, Subp art W, Sec ti on 5 1.85 1. §45- 35- 4. §4 5-3 5-3 . Requi rem ent s. 4.1. 3.1. No dep artment, a gency or instrumenta li ty of the fe deral government shall engage in, support in any way or pro vide finan ci al ass is tance for , li cen se or permit , or app rove any a c t i vi ty whic h doe s not con form to an app li cab le implementati on plans in We st V irginia , as re quire d and spe ci fi ed by 40 CFR Part

2

### 4 5 C S R 3 5



## 93, S ubpartB pl an. 3.2. A fe deral agency m ust make a det erminati on that a fe deral action con forms to the app li cab le implementati on plan in acc ordanc e with the re quirement s of 40 CFR Part 93 Subp art B bef ore the action is taken. 3.3 [Re served]. 3.4. Notwi ths tanding any pro visio n of 40 CFR Part 93 Subpart B, a determinati on that an action is in con formanc e with the app li cab le implementati on plan doe s not exe m pt the action from any o th e r re quire ment s of

th e appl ic abl e im

ple ment ationpl an, theNation alEnviro nmentalPol ic y Act, orth e CAA. 3.5. I f an action woul d re sul t in emissi ons ori ginating in more than one nonatt ainment or mainte nance area, th e c onf

ormity m ustbe evaluate d f

or eac h ar ea sep arat ely. §45- 35- 4. Ado pti on of

Requi rem ent s. 4.1. The Secre tary hereby a d op t s an d inc orp orate s by re ference the crit eria , pro cedure s and re quire ment s of 4 0 CFR Part 93 Subp art B, ef fe ctive June 1, 2011 , for the purpos e of meeting the re quire ment s of

40 CF R §51 .851

. §45- 35- 5. Inc onsi st ency B etw eenRule s. 5.1. In the event o f any inco nsi st enc y between thi s rul e and any oth er rul e of the We st V irginia D epartment of Enviro nment al Pro te ction , the inc ons is tency shall be re solved by the det erminati on o f th e Sec re tary and thedet erminati on s hal l be bas ed upon the app li cation of themorestringent p rovis ion , te rm, con dition , method or rul e.

3