45CSR35

TITLE 45

LEGISLATIVE RULE

 DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 35

DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

TO APPLICABLE IMPLEMENTATION PLANS

(GENERAL CONFORMITY)

§45-35-1. General.

1.1. Scope. -- This rule establishes and adopts the 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 §51.851. 40 CFR Part 93 Subpart B

was promulgated by the U.S. Environmental Protection Agency to implement Section 176(c) of the Clean

Air Act (CAA), which requires that all federal actions conformto any applicable implementation plan. This

rule codifies general criteria, procedures and requirements for demonstrating and assuring conformity of

such actions to any applicable implementation plan. The Secretary hereby adopts these requirements by

reference.

1.2. Authority. -- W.Va. Code §22-5-4.

1.3. Filing Date. -- May 1, 2012.

1.4. Effective Date. -- June 1, 2012.

1.5. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that

a federal counterpart regulation exists, and in accordance with the Secretary’s recommendation, 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 45CSR35 - “Requirements for Determining

Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General

Conformity)” which was filed April 28, 1995, and which became effective May 1, 1995.

§45-35-2. Definitions.

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 §110(c) of the CAA, or a plan promulgated or approved

pursuant to §301(d) of the CAA (Tribal implementation 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 of Environmental Protection or other person

1
45CSR35

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 phrases not defined therein shall have the meaning given

to them in federal Clean Air Act.

 §45-35-3. Requirements.

3.1. No department, agency or instrumentality of the federal governmentshall engage in,support in any

way or provide financial assistance for, license or permit, or approve any activity which does not conform

to an applicable implementation plan.

3.2. A federal agency must make a determination that a federal 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 plan does 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 area separately.

§45-35-4. Adoption of Requirements.

4.1. The Secretary hereby adopts and incorporates by reference the criteria, procedures and

requirements of 40 CFR Part 93 Subpart B, effective June 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 rule and any other rule of the West Virginia

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the

Secretary and the determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

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 of

Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various

executive or administrative agencies of the state; authorizing

certain of the agencies to promulgate certain legislative rules

in the form that the rules were filed in the State Register;

authorizing certain of the agencies to promulgate certain

legislative rules 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 rule

relating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative

rule relating to hazardous waste 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 to

promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the

prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate

a legislative rule relating to standards of performance for new

stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

the control of air pollution from the combustion of solid waste;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which

cause or contribute to nonattainment areas; authorizing the
3 [Com. Sub. for S. B. No. 253

Department of Environmental Protection to promulgate a

legislative rule relating to the control of air pollution from

hazardous waste treatment, storage and disposal facilities;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to requirements for

operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

emission standards for hazardous air pollutants; authorizing

the Department of Environmental Protection to promulgate a

legislative rule relating to determining conformity of general

federal actions to applicable implementation plans; authorizing the Department of Environmental Protection to promulgate

a legislative rule relating to the greenhouse gas emissions

inventory 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] 4

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

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

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

2 29, 2011, authorized under the authority of section five,

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

4 the Department of Environmental Protection (solid waste

5 management, 33 CSR 1), is authorized.

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

7 28, 2011, authorized under the authority of section six,

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

9 the Department of Environmental Protection (hazardous

10 waste management system, 33 CSR 20), is authorized.

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

12 29, 2011, authorized under the authority of section four,

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

14 Department of Environmental Protection (ambient air

15 quality standards, 45 CSR 8), is authorized.

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

17 29, 2011, authorized under the authority of section four,

18 article five, chapter twenty-two of this code, relating to the
5 [Com. Sub. for S. B. No. 253

19 Department of Environmental Protection (permits for

20 construction and major modification of major stationary

21 sources for the prevention of significant deterioration of air

22 quality, 45 CSR 14), is authorized.

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

24 29, 2011, authorized under the authority of section four,

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

26 Department of Environmental Protection (standards of

27 performance for new stationary sources, 45 CSR 16), is

28 authorized.

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

30 29, 2011, authorized under the authority of section four,

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

32 Department of Environmental Protection (control of air

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

34 authorized.

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

36 29, 2011, authorized under the authority of section four,

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

38 Department of Environmental Protection (permits for

39 construction and major modification of major stationary
Com. Sub. for S. B. No. 253] 6

40 sources which cause or contribute to nonattainment areas, 45

41 CSR 19), is authorized.

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

43 29, 2011, authorized under the authority of section four,

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

45 Department of Environmental Protection (control of air

46 pollution from hazardous waste treatment, storage or

47 disposal facilities, 45 CSR 25), is authorized.

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

49 March 16, 2011, authorized under the authority of section

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

51 the Department of Environmental Protection (requirements

52 for operating permits, 45 CSR 30), is authorized.

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

54 29, 2011, authorized under the authority of section four,

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

56 Department of Environmental Protection (emission stan57 dards for hazardous air pollutants, 45 CSR 34), is authorized.

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

59 29, 2011, authorized under the authority of section four,

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

61 Department of Environmental Protection (determining
7 [Com. Sub. for S. B. No. 253

62 conformity of general federal actions to applicable imple63 mentation plans (general conformity), 45 CSR 35), is autho64 rized.

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

66 29, 2011, authorized under the authority of section four,

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

68 Department of Environmental Protection (greenhouse gas

69 emissions inventory program, 45 CSR 42), is authorized.

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

71 8, 2011, authorized under the authority of section four,

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

73 promulgation by the Legislature on March 18, 2011, relating

74 to the Department of Environmental Protection (National

75 Pollutant Discharge Elimination System (NPDES) Program,

76 47 CSR 10), is authorized with the following amendments:

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

78 inserting in lieu thereof “2009”;

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

80 “40 C.F.R. §412(C) or (D)” and inserting in lieu thereof “40

81 C.F.R. Part 412, Subpart C or D”;

82 And,
Com. Sub. for S. B. No. 253] 8

83 On page forty-seven, paragraph 13.1.f.2., by striking out

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

85 paragraph 13.1.f.2. to read as follows:

86 13.1.f.2. Expansion of AFO to CAFO. For other opera87 tions (e.g. resulting from an increase in the number of

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

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

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

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

92 29, 2011, authorized under the authority of section three,

93 article twenty-two, chapter twenty-two of this code, relating

94 to the Department of Environmental Protection (voluntary

95 remediation and redevelopment, 60 CSR 3), is authorized

96 with the following amendments:

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

98 minimis values for the parameter “Hexachloroethane” and

99 inserting in lieu thereof new de minimis values for the

100 parameter “Hexachloroethane” to read as follows:

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

102 Ground Water - 1.7E+00, Migration to Groundwater - 2.0E103 02”;

104 And,
9 [Com. Sub. for S. B. No. 253

105 On page eighty-two, by striking out all of the de minimis

106 values for the parameter “Trichloroethylene (TCE)” and

107 inserting in lieu thereof new de minimis values for the

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

109 “Residential Soil - 4.8E-01, Industrial Soil - 2.1E+01,

110 Ground Water - 5.0E+00, Migration to Groundwater - 3.6E111 02”.
WEST VIRGINIA LEGISLATURE

Legislative Rule-Making Review Committee

Senator Joseph Minard, Co-Chair

Delegate Bonnie Brown, Co-Chair

Debra A. Graham, Chief Counsel

Felisha N. Sutherland, Administrative Assistant

Rita A. Pauley, Associate Counsel

Brian Skinner, Associate Counsel

Charles Roskovensky, Associate Counsel

Jay Lazell, Associate Counsel

January 8, 2012

NOTICE OF ACTION TAKEN BY THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE

TO: Natalie E. Tennant, Secretary of State, State Register

TO: John A. Benedict, Director

DEP - Air Quality

601 57th Street, SE

Charleston, WV 25304

FROM: Legislative Rule-Making Review Committee

Proposed Rule: Determining Conformity of General Federal Actions to

Applicable Implementation Plans (General Conformity),

45CSR35

The Legislative Rule-Making Review Committee Recommends that the West Virginia

Legislature:

1. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

2. Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

3. Authorize the agency to promulgate the Legislative rule with

certain amendments; amendments and a statement of reasons for

such recommendation is attached.

4. Authorize the agency to promulgate the Legislative rule as

modified with certain amendments; amendments and a statement

of reasons for such recommendation is attached.

5. Recommends that the Legislature rule be withdrawn; a statement

of reasons for such recommendation is attached.

Building 1, Room MB-49 1900 Kanawha Boulevard, 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 APUBLIC 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 correspondence regarding 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. Give the 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

DIVISION DEPARTMENT OF ENVIRONMENTAL PROTECTION

OFFICE OF AIR QUALITY

SERIES 35

REQUIREMENTS FOR DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

TO APPLICABLE AIR QUALITY IMPLEMENTATION PLANS

(GENERAL CONFORMITY)

§45-35-1. General.

1.1. Scope. -- The purpose of this rule is to adopt This rule establishes and adopts the 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 §51.851. 

The federal rule 40 CFR Part 93 Subpart B was promulgated by the U.S. Environmental Protection 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 any applicable air quality implementation plans plan. This

rule sets forth policy, codifies general criteria, and procedures and requirements for demonstrating and

assuring conformity of such activities actions to all any applicable implementation plans developed pursuant

to Section 110 and Part D of the CAA. The rule generally applies to federal actions except: (1) Those

required under the transportation conformity rule [40 CFR Part 93, Subpart A]; (2) Actions with associated

emissions below specified de minimis levels; and (3) Certain other actions which are exempt or presumed

to conform to applicable air quality implementation plans plan. 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

Secretary has determined that a federal counterpart regulation exists, and in accordance with the Director's

Secretary’s recommendation, 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 45CSR35 - “Requirements for Determining

Conformity of General Federal Actions to Applicable Air 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 implementation plan(s)”, or “applicable SIP”] specifically means the

West Virginia State Implementation Plan, including the most current revisions approved by the United States

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 Virginia 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) means 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 §110(c) of the CAA, or a plan promulgated or approved

pursuant to §301(d) of the CAA (Tribal implementation 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 of 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 phrases 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, procedures and requirements contained in 40 CFR Part 93, Subpart

B, as in effect on January 31, 1994, for the purpose of meeting the requirements of 40 CFR Part 51, Subpart

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, license or permit, or approve any activity which does not

conform to an applicable implementation plans in West 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 federal 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 plan does 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 area separately.

§45-35-4. Adoption of Requirements.

4.1. The Secretary hereby adopts and incorporates by reference the criteria, procedures and

requirements of 40 CFR Part 93 Subpart B, effective June 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 rule and any other rule of the West Virginia

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the

Secretary and the determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

3
45CSR35

REQUIREMENTS FOR DETERMINING CONFORMITY OF GENERAL FEDERAL

ACTIONS TO APPLICABLE AIR QUALITY IMPLEMENTATION PLANS

(GENERAL CONFORMITY)

RESPONSE TO COMMENTS

On June 10, 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. Written comments were also accepted through

6:00 PM on Monday,July11, 2011. No commentersubmitted written comments regarding proposed

revisions to rule 45CSR35, and no commenter provided substantive verbal 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. e ea. (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 57th 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 available 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 below. 

Written comments may be submitted to the Public Information 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 Modification of Major Stationary Sources of Air 

Pollution for the Prevention of Significant Deterioration 

45CSR16 – Standards of Performance for New Stationary Sources 

45CSR18 - Control of Air Pollution from Combustion of Solid Waste 

45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air 

Pollution Which Cause or Contribute to Nonattainment 

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 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, 2011. 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 delegations, plans and program approvals. Upon 

authorization and promulgation of 45CSR30, the rule will 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 45CSR42 is proposed to be repealed. 

For more information on any of the DAQ rules call 304-926-0475.


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 

V1 
I 

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 1 0, 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 of Governors 

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 was filed 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 of Governors 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 was filed 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 of Governors 

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 of Trustees 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 was filed 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 A venue 

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 was filed 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 was filed 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 

..., 

0 
Office 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 

872 
RULE 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 

-....! 

w 
RULE 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 

U1 
RULE 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 

01 
AGENCY/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 

-...1 
AGENCY/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 

...... 

00 
RULE 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 

..... 

<D 
AGENCY/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 

0 
AGENCY/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 

w 
AGENCY/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) 

U1 
AGENCY/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 

0'1 
RULE 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 

co 
Do 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 15, 201 1AT 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.,, .. ,.-

Authorit.ed Signature 

ATTACH A 1!J!!.EE SUMMARY OF YOUR PROPOSAL 

fc..j.OO 

~J.l,; ::-.; l ;; 2: ;:G 

Form#! 

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

Fonn#l 

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

0 
WEST Do Not Mark In This Box Do Not Mark In This Box 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 

Form#l 

-------------------------- 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;.; .;.;: 

00 

1.0 

.... 
WEST VIRGINIA Do Not Hark In This Box Do Not Hark In This Box 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE 

WEST VIRGINIA 

SECRETARY OF STATE (' ' ~~. ~ , " L· s...U 

Fonn#l 

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

\". 1, 2= '21 "· ... 

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 I J 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 

f tj t). '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 

w 
WEST Do Not Mark In This Box VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

ADMINISTRATIVE LAW DIVISION 

LEGISLATIVE 

2t\l } ... :.: -J r~; 2: t'J 

Fonnlll ----------------------------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 

tr ; .::-- -= 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 

co 

<D 

"" 
Do Not Mark In This Box 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE WEST NATALIE E. TENNANT 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 TT ACB A .ll!llE..E SUMMARY 01' YOUR PROPOSAL 

fq.(;.o 

• ~:: 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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(; 'ul(;1-P1.c-:-! ro --J, , 1 

_tuth/rizf,gnature 

ATTACH A I!RIEE SUMMARY OF YOUR P\P~~At(>' ,/ 

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V1 
Do Not Mar1< In This Box Do Not Mar1< In This Box WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

LEGISLATIVE WEST VIRGINIA 

SECRETARY OF STATE 

; .. ';; --~~·:.~ -2 r:: ~; 21 

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. 

( J 

Jv ~./;t../7- / s, 3-r ( 

,/ /i L 

' Authodzcd Signature 

I 

A IT ACll A .lm!Ef SUMMARY OF YOUR PROPOsAL 

II '-l·'ftJ 

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;;.)vtb~· ,.:.. '-f/tt?--- r, /I \ r-- \·" { t\c:\'·t<l tJ/ec'-J-,If )•H·~-bf 

NATALIE E. TENNANT 12~\:: ~ ~<: 3: Ll 

ADMINISTRATIVE LAW DIVISION 

. !_o~ !E-------------------------'--------..;,._ _____ _ 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

AGENCY: wv Con;olid3ted Public Rclin:mcno Board TITLE NUMBER: I 62 

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. 

;( 

.r1 If ;1vV<fYL c;~l-(1 

, I Authoriz~ Signature l J I 

I l ~ I 

A IT ACH A Jm!EE SUMMARY OF YOURP~OPOSAL -J 

u.J j 0,nr t1. -t '-1 ~ 

·A~ - E .J .. .::,u:,.~oe X bt~:\::r 's.oo ,<. •"-c\ !·'-

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WEST Do Not Mark In This Box Do Not Mark In This Box 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 aon1D 

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 Si0naturc 

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 

I\~-=-'~- "");/;"rJ;£ /) ' I ,_.q{;_A:'~ I I f I 

/ Auth~1ed Signature 

co 

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...... 
WEST VIRGINIA 

SECRETARY OF STATE 

NATALIE E. TENNANT 

Do Not Mark In This Box LEGISLATIVE 

l' - 3: ?3 

ADMINISTRATIVE LAW DIVISION 

.£.o~!E---- --------------------L---------------

0 \\ 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 

~ 00 
Maureen 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 

/.UitJ1.::-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 \\1ill 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£ of the 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 

0 
WEST VIRGINIA Do Not Mark In this Box Do Not Mark In this Box 

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 

A lTACII 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 A Tr 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. 

at t--1d'_ t2 _ ntA-tn----

il Authorized Signature 

ATTACH A I!R!E.E SUMMARY OF YOUR PROPOSAL 

#q.oo w;o ma.n._._, 

#,I C. •</O W/ O?d.nUA./ ;J 

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I'V 
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. 

1:./v-'cli"arles 

rli~ 0. Lorensen 

Cabinet Secrelllry 

West Virginia Department of Revenue 

ATTACH A BRIEF SUMMARY OP YOUR PROPOSAL 

t 1,.1-'., 0 

I.D 

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w 
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 MA V 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 

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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 

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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 

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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!. __ ~-----

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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. -------- ·- - --- --- ---

1.0 

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1.0 
1-"- 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, forji1TE 

tts 2012 proposed legrslatrve rules, whtch wrll take place at the Dlvrsron ofEnvtronmental · · 

Protection's Charleston headquarters. 601 571

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 

~ 

0 
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. 

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) 

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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 

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fmoortanJ 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; ucc01wvsos.com. 

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Deadline 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 PROTECTION ADVISORY COUNCIL 

MEETING MINUTES 

June 2, 2011 

I. CALL TO ORDER

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 Department of Environmental Protection, 601 57th 

Street Southeast, Charleston, West Virginia. Agendas were distributed. 

II. ROLL CALL

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 following 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, Division 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. Huffman decision. 

Also in attendance were the following members of the public: Don Garvin of the Ohio 

Valley Environmental Coalition; Don Gasper of Trout Unlimited; and Rosa Rose. 

III. OLD BUSINESS

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 carried by acclamation of Council. 

IV. SPECIAL PRESENTATION

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 Ailes of Bailey & Glasser also 

participated in the presentation. In sum, an unintended 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 application fees for Good 

Samaritan groups like some municipalities waive business license 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 separate set of rules. 

Mr. Raney asked if this ruling could apply to other industrial discharges, and Ms. 

Armstrong answered no. 

V. PROPOSED 2012 LEGISLATIVE 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 Prevention of Significant Deterioration – Revisions to 

the rule incorporate changes to the federal counterpart, “Prevention of Significant 

Deterioration for Particulate Matter Less Than 2.5 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 Council 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 meeting 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 New Commercial and Industrial Solid Waste 

Incineration Units and sets forth emission 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 Cause or Contribute to Nonattainment – Revisions to the 

rule include new significant impact 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 Hazardous 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 Tailoring Rule if a court, Congress, EPA or the 

President finds that GHGs are not subject to regulation. In order to effect the provisions 

of the Tailoring Rule as soon as practicable, 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. Harris then asked what “approved replicatable methodology” 

is, and Mr. Mason clarified 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 Implementation 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 finalized its mandatory greenhouse gas reporting 

requirements, and the rule’s approach to greenhouse 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 Gas 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. 

DIVISION OF LAND RESTORATION

 60 CSR 3 – Voluntary Remediation and Redevelopment Rule – This rule is being revised 

to update the de minimus clean-up standards. This change is necessary, because the 

toxicological profiles for many chemicals in the federal IRIS database have been revised, 

which necessitates changes to the de minimus table. 

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 banned from disposal in the State’s landfills. 

This revision is necessary due to the passage 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 previously transferred to the 

Division of Highways to regulate hazardous waste 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 proposed 2012 Legislative rules be approved for submission to the 

Legislature; Mr. Hapney seconded the motion; Mr. Raney objected only 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 adequate consideration to the needs of the economy 

of West Virginia. The motion to approve the rule was then carried by acclamation of Council. 

 
5 

VI. OTHER BUSINESS

 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 comment period on Marcellus well work permits. 

 The next Advisory Council meeting will be Thursday, September 22, 2011 at 1:30 p.m. 

VII. ADJOURNMENT

Mr. Hapney moved that the meeting be adjourned, Ms. Hallinan seconded the motion, Dr. 

Harris objected, based on Ms. Boggs’ failure to 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 ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

BRIEFING DOCUMENT

Rule Title: 45CSR35 - “Requirements for Determining Conformity of General Federal

Actions to Applicable Air Quality Implementation Plans (General

Conformity)”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMARY OF RULE:

This rule establishes and adopts the 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 §51.851. 

40 CFR Part 93 Subpart B was promulgated by the U.S. Environmental Protection Agency

to implement Section 176(c) of the Clean Air Act (CAA), which requires that all federal

actions conform to any applicable implementation plan. This rule codifies general criteria,

procedures and requirements for demonstrating and assuring conformity of such actions to

any applicable implementation plan.

C. STATEMENT OF CIRCUMSTANCES WHICH REQUIRE RULE:

40 CFR §51.851 sets forth implementation plan requirements for states to adopt

criteria and procedures formaking general conformitydeterminations that are consistent with

federal general conformity rule 40 CFR Part 93, Subpart B. Promulgation of this rule by the

Legislature is necessary for the State to fulfill its responsibilities under the CAA. 

Revisions to the rule include a simplified title and revised Scope, general rule

updates, incorporation byreference rule restructure and language clarification for the purpose

of consistency, and a new subsection 1.6 - “Former Rules”. Definitions that are not used in

the rule have been struck, and minimal definitions added to be consistent with other DAQ

incorporation by reference rules. The definition of “applicable state implementation Plan”

has been revised to more closely follow the federal counterpart definition. Additionally, a

new section 5 - “Inconsistency Between Rules” as been added to be consistent with other

DAQ rules. The Requirements section has also been revised to include updated language

from the federal counterpart.
Briefing Document

45CSR35

Page 2

After promulgation, 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

incorporates by reference the following provisions of 40 CFR Part 93 promulgated as of June

1, 2011: Revisions to the General Conformity Regulations.

D. FEDERAL COUNTERPART REGULATIONS - INCORPORATION BY

REFERENCE/DETERMINATION OF STRINGENCY:

A federal counterpart to this proposed rule exists. In accordance with the Secretary’s

recommendation, and with limited exception, the Division of Air Quality proposes that the

rule incorporate by reference the federal counterparts. Because the proposed rule

incorporates by reference the federal counterpart, no determination of stringency is required.

E. CONSTITUTIONAL TAKINGS DETERMINATION:

In accordance with W.Va. Code §§22-1A-1 and 3(c), the Secretary has determined

that this rule will not result in taking of private property within the meaning of the

Constitutions of West Virginia and the United States of America.

F. CONSULTATION WITH THE ENVIRONMENTAL PROTECTION

ADVISORY COUNCIL:

At its June 2, 2011 meeting, the Environmental Protection Advisory Council

reviewed and discussed this rule. (See attached minutes for Council’s discussion).


45CSR35

TITLE 45

LEGISLATIVE RULE

DIVISION DEPARTMENT OF ENVIRONMENTAL PROTECTION

OFFICE OF AIR QUALITY

SERIES 35

REQUIREMENTS FOR DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

TO APPLICABLE AIR QUALITY IMPLEMENTATION PLANS

(GENERAL CONFORMITY)

§45-35-1. General.

1.1. Scope. -- The purpose of this rule is to adopt This rule establishes and adopts the requirements of

40 CFR Part 93, Subpart B, “Determining Conformity of General Federal Actions to State or Federal

Implementation Plans” forthe purpose of meeting the implementation plan requirements of 40 CFR §51.851.

The federal rule 40 CFR Part 93 Subpart B was promulgated by the U.S. Environmental Protection 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 any applicable air quality implementation plans plan. This

rule sets forth policy, codifies general criteria, and procedures and requirements for demonstrating and

assuring conformity of such activities actions to all any applicable implementation plans developed pursuant

to Section 110 and Part D of the CAA. The rule generally applies to federal actions except: (1) Those

required under the transportation conformity rule [40 CFR Part 93, Subpart A]; (2) Actions with associated

emissions below specified de minimis levels; and (3) Certain other actions which are exempt or presumed

to conform to applicable air quality implementation plans plan. 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

Secretary has determined that a federal counterpart regulation exists, and in accordance with the Director's

Secretary’s recommendation, 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 45CSR35 - “Requirements for Determining

Conformity of General Federal Actions to Applicable Air 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 implementation plan(s)”, or “applicable SIP”] specifically means the

West Virginia State Implementation Plan, including the most current revisions approved by the United States

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 Virginia 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) means 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 §110(c) of the CAA, or a plan promulgated or approved

pursuant to §301(d) of the CAA (Tribal implementation 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 of 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 phrases 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, procedures and requirements contained in 40 CFR Part 93, Subpart

B, as in effect on January 31, 1994, for the purpose of meeting the requirements of 40 CFR Part 51, Subpart

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, license or permit, or approve any activity which does not

conform to an applicable implementation plans in West 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 federal 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 plan does 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 area separately.

§45-35-4. Adoption of Requirements.

4.1. The Secretary hereby adopts and incorporates by reference the criteria, procedures and

requirements of 40 CFR Part 93 Subpart B, effective June 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 rule and any other rule of the West Virginia

Department of Environmental Protection, the inconsistency shall be resolved by the determination of the

Secretary and the determination shall be based upon the application of the more stringent provision, term,

condition, method or rule.

3