# dep

west virginia department of environmental protect i on

Exec u t i ve Off

i ce 60 1 57 th Stree t SE C harl esto n , WV 25304 Ear l Ra y To mb lin
, Gov er n o r Randy C

. H u ffi n an , C a bi net Secr et ar y

www

. d e p

. wv

. gov



## October 26
, 2011

Mr. Sha w n M. Gar v in Regional Administrator U. S. EPA
, Region III (3RAOO) 1650 A rch Street Philad e lphia
, PA 19103-2029



# Re: Revision to the West Virginia State Implementation Plan Pursuant to Clean Air Act Section 110(a)(2)(A)-(M) Requirements for Lead

- Request For Approval

Dear Administra t or Gar v in :

On behalf of the State of West Virginia
, I am herein submittin g a revision to the State Implementa t ion Plan ( SIP ) to satisf y state obli ga tions under Clean Air A c t Section 11 0 ( a ) (2 )(A)

- ( M ) requirement s for lead

. In this r ev ision to t h e SIP
, We s t Vir g inia i s demonstra t ing tha t it has adequa t e resource s and authori ty to implement the 2008 le a d N A AQS.

The SIP re v ision in c ludes appropriate docum e ntation w hich demo n strate s t h at s t ate and federal admini s tra t i v e procedural requir e ment s ha ve been fulfill e d
, in c ludin g public participation. Th e public comment per i od ended on October 17
, 2 011

. In c lud e d wit h this s ubmittal i s a n e le ct ronic
copy on compact disk in searchable pdf format

. We certify that the enclosed electronic cop y contains an exact duplicate of information contained in the hardcopy submission.

If y ou ha v e an y question s re g ardin g this s ubmitta l or require addi ti onal information
, please
contact John A

. Benedict
, Director ofthe Di v ision of Air Quali ty at (304 ) 926-0462

.

Sinc e rel y,

~~ 

## Rand y~ an

Cabine t Secretar y

RCH l jlm Enclosure

cc: Diana E sh e r ( 3 A POO ) John A

. Ben e dict
, Direc t or , W VD E P

Promoting a healthy environment

.west virginiadepartment of environmentalprotectionFinal West VirginiaState Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M)Requirements for LeadOctober 26, 2011West Virginia Division of Air Quality601 57thStreet, SECharleston, W.Va. 25304Promoting a healthy environmentThis page intentionally left blank.1Final West Virginia State Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M) Requirements for LeadA State Implementation Plan (SIP) is a plan for each state thatidentifies how that state will attain and/or maintain the primary and secondaryNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documentscontaining regulations, source-specificrequirements, non-regulatory items such as plans and inventories,and in some cases additional requirements promulgated by theU.S.Environmental Protection Agency (EPA). The initial SIPs for states were approvedby EPA on May 31, 1972. SIPs can be revised bythe statewith EPA approval as necessary. The federally enforceable SIP forWest Virginia is compiled in 40CFR Part 52, Subpart XX. In this revisionto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NAAQS.This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which have been addressed inother SIP revisions. It is a compilation of elements that demonstrate how the2008 lead NAAQS is being implemented, maintainedandenforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforceable compilation of howWest Virginia will continue to comply withthe Section 110(a)(2) requirements of the CAA.In 1961, the State Legislature passed the AirPollution Control Law of WestVirginia, making West Virginia the sixteenth stateto have astatewide air pollution control law. The lawprovided for a separate state agency composed of a seven member Commission, a Director andstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Air Quality and then tothe Division of Air Quality (WVDAQ) withinthe West Virginia Department of Environmental Protection (WVDEP). Staffing, fundingandlegal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 40 legislative rules.DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating permit fees, non-Title Voperating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implement state andfederalrequirements for fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIPs, and Section110(a)(2)Infrastructure Requirements for the 19978-Hour Ozone and the 1997 and 2006 Fine Particulate Matter NAAQS. Legislative authority for theWest Virginia air quality programrelating to the responsibilitiesin the Clean Air Act is codified in the West Virginia Air Pollution ControlAct, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responsibility for assuring air qualitypursuant tothe CAA.Many elements of Section 110(a)(2)(A)-(M) already exist inthe approved SIP or recently submitted SIP revisions for other NAAQS. This SIPrevision may reiterate and/or reinforce some of these previously submitted and/or approved elements. Some requirements, such as those forintergovernmental consultation, air qualitymodeling and compliance with Part D of the CAA, are fulfilled during the development andsubmission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1and, in the case of lead, Subpart 5 ofthe CAA. West Virginia has no designated lead non-attainment areas.2Section110(a) elementThe implementation plan shall:West Virginia Implementation§110(a)(2)(A)include enforceable emissionlimitations and other controlmeasures, means, or techniques(including economic incentivessuch as fees, marketable permits,and auctions of emissions rights),as well as schedules andtimetables for compliance as maybe necessary or appropriate tomeet the applicable requirementsof this Act.Enforceable Emission Limitations and Other Control Measures:The Secretary hasthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) topromulgate rules in accordance with the Administrative Procedures Act (W.Va. Code§§ 29A3-1 et seq.). Approximately fortyrules implemented under the auspices of theAPCA are currently in effect and codified atTitle 45 of the West Virginia Code of StateRules, including the ambient air quality standards for criteria pollutants (including lead)contained in 45CSR8. Enforceable emission limitations and other control measures forlead may be found in the Code of State Rules as necessary or appropriate to meet theapplicable requirements of the CAA:45CSR7 - The purpose of this West Virginia SIP approved rule (50 FR 26732) is tocontrol particulate matter air pollution from manufacturing processes and associatedoperations. Section 4.13 of 45CSR7 addresses potential hazardous materialemissions. Persons responsible for manufacturing process source operations fromwhich hazardous particulate matter materialmay be emitted such as, but not limited to,lead, arsenic, beryllium and other such materials shall give the utmost care andconsideration to the potential harmful effects of the emissions resulting from suchactivities. Evaluations of these facilities as to adequacy, efficiency and emissionpotential will be made on an individual basis by the WVDAQ Director working inconjunction with other appropriate governmental agencies.45CSR13 - The purpose of this West Virginia SIP approved rule (68 FR 9559) is to setforth the procedures for stationary sourcereporting, and the criteria for obtaining apermit to construct and operate a new stationary source which is not a major stationarysource, to modify a non-major stationary source, to make modifications which are notmajor modifications to an existing major stationary source, to relocate non-majorstationary sources within the state of WestVirginia. Lead is a “regulated pollutant’” asdefined under 45CSR13-2.20.Lead has a plantwide permitting de minimus threshold of1200 lbs per year established in Table 45-13A.An increase of 10 percent of the deminimus level, or 120 lbs per year of lead is, triggers a modification under 45CSR13.45CSR14 - The purpose of this West Virginia SIP approved rule (76 FR 30832) is tosatisfy the prevention of significant deterioration permit program requirements in Part Cof the CAA. 45CSR14 contains a significance level for lead of 0.6 tpy and a de minimisair quality impact concentration of 0.1μg/m3over a 3 month averaging time. A PSDsource in an attainment area may have a lead emission limitation in a permit under45CSR14 based upon a BACT analysis.3§110(a)(2)(A)(continued)45CSR19 - The purpose of this West Virginia SIP approved rule (71 FR 64468) is tosatisfy the nonattainment area new source review permit program requirements in PartD of the CAA. 45CSR19 contains a significance level for lead of 0.6 tpy. A NSRsource in a lead non-attainment area may have a lead emission limitation in a permitunder 45CSR19 based upon a LAER analysis. West Virginia has no designated leadnon-attainment areas.45CSR34 - This West Virginia federal delegation rule establishes and adopts aprogram of national emission standards forhazardous air pollutants (such as leadcompounds) and other regulatory requirements promulgated by the United StatesEnvironmental Protection Agency (USEPA) pursuant to 40 CFR Parts 63 and Section112 of the federal Clean Air Act, as amended. West Virginia has delegation authoritypursuant to a January 2010letter from EPA Region III which continued authorizationfor West Virginia to implement and enforce certain federal National EmissionsStandards for Hazardous Air Pollutantsand New Source Performance Standards,including Subpart YYYYY - National EmissionStandards for Hazardous Air Pollutantsfor Area Sources: ElectricArc Furnace Steelmaking Facilities. Under Subpart YYYYY,the Standards and Compliance Requirementsset forth in 40 CFR §63.10685 containrequirements for the control of contaminantsfrom scrap, including chlorinated plastics,lead, and free organic liquids. Such requirements include either a pollution preventionplan or restrictionson metallic scrap.45CSR30 - This West Virginia rule establishes a permitting program pursuant to Title Vof the CAA. Any major stationary source subject to enforceable lead emissionlimitations or control measures pursuantto 45CSR7, 45CSR13, 45CSR14, 45CSR19or 45CSR34 will be contained in a permit issuedby West Virginia under its establishedTitle V permit program. The effective date ofinterim approval of West Virginia’s Title VProgram and 45CSR30 was 12/15/95. U.S.EPA fully approved the West Virginia Title Vprogram via DFR published on 10/03/01 (66 FR 50325). U.S.EPA approved revisionsto 45CSR30 contained in DAQ’s 07/01/01 rule via a separate DFR published on10/09/01 (66 FR 51318). These revisions became federally effective 11/23/01.Pursuant to West Virginia Code, §22-5-1 declares the state’s public policy “to fulfill itsprimary responsibility for assuring air quality pursuant to the‘Federal Clean Air Act’, asamended.”The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.4§110(a)(2)(B)provide for establishment andoperation of appropriate devices,methods, systems, andprocedures necessary tomonitor, compile, and analyzedata on ambient air quality, andupon request, make such dataavailable to the Administrator;Establishment of Monitoring System:Pursuant to West Virginia Code, §22-1-1(a)(1),“protecting the environment is fundamental to the health and welfare of individualcitizens,” and, the state “has a duty to provide and maintain a healthful environment forour citizens.” Under §22-1-1(a)(2), “thestate has the primary responsibility forprotecting the environment.” §22-1-1(b) “declares that the establishment of adepartment of environmental protection is in the public interest” and that “It is the policyof the state .....to use all practical means and measures to preventor eliminate harm tothe environment and biosphere, to createand maintain conditions under which manand nature can exist in productive harmony, .....”Additionally, §22-5-1 declares the state’s public policy “to fulfill its primary responsibilityfor assuring air quality pursuant to the‘Federal Clean Air Act’, as amended.”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies tomeet environmental goals.”Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of thedepartment” with the powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4.The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.Therefore, under manifold statute authority, West Virginia operates and maintains anestablished network of ambient air monitorsin West Virginia for the purpose ofassessing compliance with the National Ambient Air Quality Standards, whichCongress provided for in the CAA, and such standards promulgated by U.S.EPA toprotect the health and welfare of individual citizens.Monitoring System Operation:To assess NAAQS compliance, DAQ operates anetwork of monitors in West Virginia that have beendesignated by EPA as eitherFederal Reference or Federal Equivalentmonitors. All ambient air monitors aresubjected to the Quality Assurance requirements of 40 CFR Part 58, Appendix A.Additionally all monitors have met the minimum siting requirements of Part 58,Appendix E. WVDEP analyzes collected air quality data to determine attainment statusunder the NAAQS.As required under 40 CFR Part 58, Subpart B at §58.10, West Virginia’s 2010 AnnualAir Quality Monitoring Network DesignPlan was submitted to U.S.EPA on June 24,2010, and consequentlyapproved by U.S.EPA via letter received by West Virginia on5§110(a)(2)(B)(continued)December 20, 2010. On June 22, 2011, West Virginia has also submitted a 2011Annual Air Quality Monitoring Network Design Plan to U.S.EPA.On December 14, 2010, USEPA revised the lead NAAQS and lowered the emissionthreshold that states must use to determine if an air quality monitor should be placednear an industrial facility that emits lead.The new emission threshold for sources is 0.5tons per year (tpy), reducedfrom the previous threshold of 1.0 tpy. Any new monitorrequired to be located near an emissions source must be operational by December 27,2011. In accordance with paragraph 4.5(a) of 40 CFR Part 58, Appendix D (whichrequires states to conduct ambient air lead monitoring near lead sources whichcontribute to a maximum lead concentration inexcess of the NAAQS), West Virginia’s2011 Annual Air Quality Monitoring NetworkDesign Plan identified one lead emissionsource that requires lead monitoring as a result of the lead NAAQS revision. Acollocated TSP lead site is required to beinstalled at an existing Cabell County site inaccordance with EPA’s Lead Ambient Air Monitoring Requirements.Availability of Data:In order to keep U.S.EPA informed of planned changes to themonitoring site, WVDEP provides EPA Region III with adequateprior notification.Details of these changes and anticipated approvals of the changes are communicatedto EPA. On an annual basis, WVDEP submits to EPA a monitoring site design planrequired under 40 CFR §58.10, that describes how West Virginia is complying withmonitoring requirements and explains anychanges to the monitoring network. Thisplan also provides for a description of each change, the reason for each change, andany other information relevant to the change.As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §110(a)(2)(B) of theCAA, WVDEP will collect and report toEPA ambient air quality data for lead. Thereports will comply with the federal requirements of 40 CFR §58.16. The data isreviewed, edited, validated, and entered into the EPA air quality system (AQS) forupdating pursuant to prescribed AQS procedures. The EPA AQS receives each reportwithin 90 days after the end of the quarterly reporting period. Data is certified annuallyas required under 40 CFR §58.15.6§110(a)(2)(C)include a program to provide forthe enforcement of the measuresdescribed in subparagraph (A)and regulation of the modificationand construction of any stationarysource within the areas coveredby the plan as necessary toassure that national ambient airquality standards are achieved,including a permit program asrequired in parts C and D;Enforcement of Control Measures for the 2008 Lead NAAQS:Pursuant to §22-1-6(a), the WVDEP Cabinet Secretary “is thechief officer of the department” with thepowers, duties and authority pursuant to §§22-5-2(3) and 22-5-4.The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act(W.Va. Code §§ 29A3-1 et seq.)The Secretary has the authority under W.Va. Code §22-5-4(a)(5) “to enter ordersrequiring compliance withthe provisions of this article andthe rules lawfullypromulgated hereunder.”The Secretary has the authority under W.Va.Code §22-5-4(a)(9) “to enter and inspectany property, premise or place ....for the purpose of ascertaining the state ofcompliance with this article and the rulespromulgated under the provisions of thisarticle.”The Secretary has the authority under W.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare and submit a plan or plans for theimplementation, maintenance andenforcementof the Federal Clean Air Act .....”The Secretary also has the authority under W.Va. Code §22-5-5 to enter an orderdirecting a person tocease and desist activity which violates theprovisions of §22-5-1et seq and therules promulgated pursuant thereto.Pursuant to W.Va. Code §22-5-6,violators of theprovisions of §22-5-1 et seq and therules promulgated pursuant thereto are subject to civil penalty.West Virginia therefore has an established legal framework and inherent ability toprovide for the enforcement of the measures described the §110(a)(2)(A) element ofthis document, and contained in a permit issued under 45CSR13, 45CSR14, 45CSR19or 45CSR30 (see below).Regulation of the Modification and Construction of Stationary Sources:For thelead NAAQS, West Virginia's permitting program includes the following two SIPapproved rules: NSR rule 45CSR13 (68 FR9559) which provides a permitting programfor construction and modification of minorsources, PSD rule 45CSR14 (76 FR 30832)which satisfies the prevention of significant deterioration permit program requirementsin Part C of the CAA. West Virginiaalso has an approved Title V operating permitprogram (66 FR 50325).EPA has not proposed to amend the PSD regulations with regard to lead. However,West Virginia will revise its PSD program to address any applicable EPA amendments7§110(a)(2)(C)(continued)of the lead PSD rules within three years from the date of such amendments.West Virginia is authorized to implement its existing PSD permit program in order toensure that the construction and modificationof major stationary sources does notcause or contribute to a violation ofthe lead NAAQS through SIP-approved rule45CSR14. The purpose of 45CSR14 (76 FR 30832) is to satisfy the prevention ofsignificant deterioration permit program requirements in Part C of the CAA. 45CSR14contains a significance level for lead of 0.6 tpy and a de minimis air quality impactconcentration of 0.1μg/m3over a 3 month averaging time. A PSD source (new ormodified) in an attainment area may have a lead emission limitation in a permit under45CSR14 based upon a BACT analysis.West Virginia PSD rule 45CSR14 limits PSD applicability with respect to greenhousegas-emitting sources by adopting the applicability thresholds included in EPA’sTailoring Rule. West Virginia’s 2011 legislative rule 45CSR14 became effective onJune 16, 2011. The fully-adopted rule was submitted to EPA as a SIP revision onAugust 31, 2011. EPA has not proposed toamend the PSD regulations with regard tothe lead NAAQS.West Virginia’s SIP-approved minor NSRpermitting program under 45CSR13 (68 FR9559) provides regulation of the modification and construction of stationary sources asnecessary to assure that thelead NAAQS are achieved. West Virginia will revise itsminor NSR program to address any applicable EPA amendments of the lead PSD ruleswithin three years from the date of such amendments.8§110(a)(2)(D)contain adequate provisions -(i) prohibiting, consistent with theprovisions of this title, any sourceor other type of emissions activitywithin the state from emitting anyair pollutant in amounts whichwill-(I) contribute significantly tononattainment in, or interfere withmaintenance by, any other statewith respect to any such nationalprimary or secondary ambient airquality standard, or(II) interfere with measuresrequired to be included in theapplicable implementation planfor any other State under part Cto prevent significantdeterioration of air quality or toprotect visibility,(ii) ensuring compliance with theapplicable requirements ofsections 126 and 115 (relating tointerstate and internationalpollution abatement);State Assessment of Significant Contribution and Interference:Although initialarea attainment designations for lead havenot been determined, West Virginia hasidentified one source of lead emissions located within 2 miles of the state border thathas an emissions greater than EPA’s threshold of 0.5 tons per year or greater (EPADraft Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the2008 Lead NAAQS, June 17, 2011). The sourcehas emissions which could potentiallyimpact a neighboring state via interstate transport such that the source’s emissionsmay contribute to nonattainment by of interference with required measures. Basedupon West Virginia’s 2009 emissions inventory, Steel of West Virginia emitted 0.83tons of lead in 2009. The impact of these emissions will be assessed after area leadmonitoring data are obtained. In accordance with EPA guidelines, West Virginia isplanning to install a lead monitor near the source. The monitoring data will help toassess impact of these emissions, and determine whether the source is likely tocontribute to an air quality violation.Because there are no 2008 lead nonattainment areas within 100 miles of the source,and the physical properties of lead prevent lead emissions from experiencing the sametravel or formation phenomena as PM2.5or ozone, it is unlikely that this Cabell Countysource contributes significantly to nonattainment in, or maintenance by any other statewith regard to lead.As set forth in 45CSR14-4, ambient air quality increments and ceilingsare not confinedto a state boundary.Pursuant to the public review procedures set forth in 45CSR14-17,West Virginia mustprovide notice to any state affected by a proposed source or modification. The WVDAQmust send a copy of the advertisement to the applicant, to the Administrator, and toofficials and agencies having cognizance over the location where the proposedconstruction would occur as follows:any other State or local air pollution controlagencies, the chief executives of the cityand county where the source would belocated; any comprehensive regional landuse planning agency, any State, and anyFederal Land Manager, whose lands may be affected by emissions from the source ormodification.As set forth in 45CSR14-9, any person proposing to construct or relocate a majorstationary source or to make a major modification must demonstrate that allowableemission increases from the proposed sourceor modification, in conjunction with allother applicable emission increases or reductions (including secondary emissions)would not cause or contribute to air pollution in violation of any National Ambient AirQuality Standard or any applicable maximum allowable increase over the baselineconcentrationin any area.9§110(a)(2)(D)(continued)Interference With Required Measures Under Part C:West Virginia confirms thatnew major sources and major modifications in the state are subject to PSD underlegislative rule 45CSR14. The purpose of this West Virginia SIP approved rule (76 FR30832) is to satisfy the prevention ofsignificant deterioration permit programrequirements in Part C of the CAA. Under45CSR14, “.....all applications filed by anyperson to construct major new or modified stationary air pollution sources, intending tolocate in areas with air quality better than the levels set to protect the public health andwelfare, or that might impact those areas,must adequately meet the pre-constructionreview procedures and conditions of the Clean Air Act as amended ....”. This ruleincludes specific federal requirements which ensure that new or modified sources donot interfere with measures to prevent significant deterioration of air quality byproviding a mechanism to prevent thedevelopment of any new non-attainmentproblems. 45CSR14 requires the evaluation of sources of air pollutants and topreclude the construction or relocation of any major stationary source or majormodification in any area classified as attaining National Ambient Air Quality Standardsor unclassifiable in which the establishment of such source or modification mayinterfere with the goals of the prevention ofsignificant deterioration of air quality levels.Ensuring Compliance with Sections 126 and 115: West Virginia has demonstratedthat it has met its obligations pursuantto CAA Section 126(a) through the adoption of45CSR14-7,Public Review Procedureswhich requires notification to other states ofpotential impacts from a source. West Virginia has no currently pending obligationspursuant to CAA Section 126(b). West Virginia has submitted to EPA (August 31,2011) a fully-adopted PSD program under 45CSR14 that applies to all regulated NSRpollutants, including GHG. West Virginia has made the necessary submittals todemonstrate that West Virginia has adequate provisions ensuring future compliancewith the requirements of Sections 126 and 115 of the CAA as may be necessary.10§110(a)(2)(E)(i)provide(i) necessary assurances thatthe state (or, except where theAdministrator deemsinappropriate, the generalpurpose local government orgovernments, or a regionalagency designated by the stateor general purpose localgovernments for such purpose)will have adequate personnel,funding, and authority understate (and, as appropriate, local)law to carry out suchimplementation plan (and is notprohibited by any provision offederal or state law from carryingout such implementation plan orportion thereof);Personnel:WVDEP has demonstrated adequate personnel to carry out theimplementation plan with respect to the lead NAAQS requirements. The Secretaryemploys adequate personnel and retains specialists under W.Va. Code §22-5-4(a)(8)that are "necessary, incidentor convenient" to accomplish the statutory mandate tocarry out the implementation plan. A staff of approximately 90 full time employees isemployed at WVDAQ. The West Virginia AirDirector supervises the air monitoring,compliance and enforcement, hazardous waste, permitting and planning sections, aswell as three regional DAQ offices, and answers to the WVDEP Cabinet Secretary.Because of the nature of the national andstate economy, WVDAQ does not anticipateany changes in resources considered necessary during the 5 years following SIPsubmittal; and projects a similar resourceneed at 1, 3, and five year intervals.Funding:The APCA provides adequate funding under W.Va. Code §§22-1-10(a) and22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22-5-12 sets forth thestatutory operating permit requirements for stationary sources under Title V of the CAA.45CSR30 establishes fees sufficient to cover the direct and indirect costs ofadministering the air pollution control planning process, Title V operating permitprogram, and support the air pollution control program authorized by statute. TheAPCA also authorizes the establishment of fees to cover non-Title V permitting costsunder 45CSR22. The air quality program also receives revenue from fines andpenalties (Air Pollution Control Fund) and federal funds under Section 105 and 103 ofthe CAA, and state general appropriations.Legal Authority:The West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5-1,declares the state'spolicy "to fulfill its primary responsibility for assuring air quality"pursuant to the CAA. The WVDEP CabinetSecretary is authorized under W.Va. Code§§22-1-6(c)(1) and 22-5-4(a)(12) to carry outand represent the state in any and allmatters pertaining to the implementationplan. The Secretary has the authority underW.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare andsubmit a plan or plans for the implementation, maintenance and enforcement of theFederal Clean Air Act ....” The Secretary isnot prohibited by any provision of federalor state law from carrying out the implementation plan or portion thereof. The legalauthorities specified are available to TheWVDEP Cabinet Secretary at the time ofsubmission of this SIP revision.West Virginia has adopted emission standards and limitations and other measuresnecessary for attainment and maintenance ofnational standards. The Secretary hasthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) topromulgate rules in accordance with the Administrative Procedures Act (W.Va. Code§§ 29A3-1 et seq.). Approximately forty rules revised under the auspices of the APCAare currently in effect and codified at Title45 of the Code of State Rules, including theambient air quality standards for lead andother criteria pollutants contained in11§110(a)(2)(E)(i)(continued)45CSR8. Statutory permitting requirementsare set forth in W.Va. Code §§22-5-11 &12. West Virginia has anEPA-approved air permitting program for both major andminor facilities, under state rules 45CSR13, 45CSR14,45CSR19 and45CSR30 (asapplicable). Because there are no designated lead nonattainment areas or leadmaintenance areas, West Virginia has notpromulgated legislative rules that adoptemissions limitations or other measures necessary for attainment or maintenance ofthe 2008 lead NAAQS.The WVDEP Cabinet Secretary is authorized to enforce applicable laws, regulations,and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and 22-05-4(a)(6), andseek injunctive relief under WV Code §22-5-7.The WVDEP Cabinet Secretary is authorized to abate pollutant emissions on anemergency basis to prevent substantial endangerment to the health of persons. W.Va.Code §22-5-5 authorizes the Secretary toissue an order to cease and desist anyactivity that violates the Air Pollution Control Act. The Secretary may also suspend,modify or revoke a source’s permit. Under§22-5-6, the Secretary may also institutelawsuits for civil penalties. §22-5-7 authorizes the Secretary to seek applications forinjunctive relief. §22-5-8 authorizes the Secretary, with the written authorization of theGovernor, to shut down a source of leademissions, thereby preventing the emission ofair pollutants which substantially contributes to an emergency that requires immediateaction to protect public health. As provided in West Virginia Code, §§22-5-4(a)(2) and22-5-10, the Secretary may consult with EPA to affirm accuracy of any informationconsidered while executing authority under §§22-5-5, -6, -7 or -8.The WVDEP Cabinet Secretary is authorized toprevent construction, modification, oroperation of a facility, building,structure, or installation, or combination thereof, whichdirectly or indirectly results or may resultin emissions of any air pollutant at anylocation which will prevent the attainment or maintenance of a national standard. Newmajor sources and major modifications in West Virginia are subject to PSD underlegislative rule 45CSR14. The purpose of this West Virginia SIP approved rule (76 FR30832) is to satisfy the prevention ofsignificant deterioration permit programrequirements in Part C of the CAA. Under45CSR14, “.....all applications filed by anyperson to construct major new or modified stationary air pollution sources, intending tolocate in areas with air quality better than the levels set to protect the public health andwelfare, or that might impact those areas,must adequately meet the pre-constructionreview procedures and conditions of the Clean Air Act as amended ....”. This ruleincludes specific federal requirements which ensure that new or modified sources donot interfere with measures to prevent significant deterioration of air quality byproviding a mechanism to prevent thedevelopment of any new non-attainmentproblems. 45CSR14 requires the evaluation of sources of air pollutants and topreclude the construction or relocation of any major stationary source or majormodification in any area classified as attaining National Ambient Air Quality Standardsor unclassifiable in which the establishment of such source or modification may12§110(a)(2)(E)(i)(continued)interfere with the goals of the prevention ofsignificant deterioration of air quality levels.Under WV Code §22-5-4(a)(14), the WVDEP Cabinet Secretary is authorized to obtaininformation necessary to determine whether air pollution sources are in compliancewith applicable laws, regulations, and standards. Under WV Code §§22-5-4(a)(14) and22-5-4(a)(15), the WVDEP Cabinet Secretary isauthorized to require recordkeeping.Under WV Code §22-5-44(a)(9), the WVDEP Cabinet Secretary is authorized to and tomake inspections and conduct tests of air pollution sources.Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is authorized to requireowners or operators of stationary sources to install, maintain, and use emissionmonitoring devices and to make periodic reports to the State on the nature andamounts of emissions from such stationarysources. Under WV Code §22-5-10, theWVDEP Cabinet Secretary is authorized to makesuch data available to the public asreported and as correlated with any applicable emission standards or limitations.§110(a)(2)(E)(ii)(ii) requirements that the statecomply with the requirementsrespecting state boards undersection 128, andState Boards Under Section 128:Because West Virginia does not have a board whichapproves permits or enforcement orders, this element is not applicable.§110(a)(2)(E)(iii)(iii) necessary assurances that,where the state has relied on alocal or regional government,agency, or instrumentality for theimplementation of any planprovision, the state hasresponsibility for ensuringadequate implementation of suchplan provision;Responsibility for Implementation ofAssured Local Plan Provision:West Virginiahas not relied onany local or regional government, agency, or instrumentality for theimplementation of any state implementation planprovision for lead.West Virginia willretain primacy with respect to any future plan that relies on local or regionalgovernments, agencies or instrumentalities.By statute, West Virginia has primeresponsibility for ensuring adequate implementation of such a plan provision. TheSecretary has the authority under W.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare and submit a plan or plans for the implementation,maintenance and enforcement of the Federal Clean Air Act .....”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies to meet environmental goals.”13§110(a)(2)(F)require, as may be prescribed bythe Administrator -(i) the installation,maintenance, and replacementof equipment, and theimplementation of othernecessary steps by owners oroperators of stationary sourcesto monitor emissions from suchsources,(ii) periodic reports on thenature and amounts ofemissions and emissions-relateddata from such sources, and(iii) correlation of such reportsby the state agency with anyemission limitations or standardsestablished pursuant to this Act,which reports shall be availableat reasonable times for publicinspection;Monitoring:W.Va. Code §22-5-4(a)(15) authorizes the Secretary to require theinstallation, maintenance and replacement of equipment, and the implementation ofother necessary steps by owners or operators of stationary sources to monitor andreport emissions of lead from such sourcesas the Secretary may prescribe. Under thisauthority, West Virginia requires the installation, maintenance, and replacement ofmonitoring equipment at stationary sources through permits issued under 45CSR13,45CSR14, 45CSR19, 45CSR30, and via compliance orders. West Virginia is subject tothe Air Emission Reporting Rule (AERR) set forth in 40 CFR Part 51, Subpart A.WVDAQ’s emissions inventory program provides source-specific emissions data toU.S. EPA pursuant to the AERR reporting requirements. WVDAQ notes that therecurrently is no state or federal regulation that requires installation of continuousemission lead monitors at any stationary source in West Virginia.Reporting:In accordance with the emission reports and recordkeeping requirementsset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorizes the Secretary torequire periodic reports on the nature andamounts of emissions and emissions-relateddata from owners or operatorsof stationary sources (monitoring data) of lead. Pursuantto W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to require such informationas the Secretary may require in a formor manner prescribed by the Secretary(emissions inventory program). Under this authority, West Virginia requires periodicreports on the nature and amounts of emissions and emissions-related data fromstationary sources through permits issued under 45CSR13, 45CSR14, 45CSR19,45CSR30, and via compliance orders. WVDAQperiodically reports emission inventoryinformation to U.S.EPA as requiredby 40 CFR Part 51, Subparts A and K.Correlation of Reports:W.Va. Code §22-1-6(d)(3) authorizes the Secretary to“investigate for violations of statutes orrules which the department is charged withenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate periodic emissionsreports with any lead emission limitationsor standards established pursuant to45CSR13, 45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth in W.Va. Code §22-5-10, the Secretary makes available at reasonable times for public inspection theperiodic emissions reported under §§22-5-4(a)(14) & (15). The Secretary has theresponsibility of makingall records, reports or information obtained by the Departmentor referred to at public hearings under the provisions of the APCA available to thepublic, except to the extentthe records, reports or information are protected byconfidentiality pursuant to 45CSR31. The types of records DEP routinely providesaccess to include notifications, inspection reports, notices of violation, enforcementorders, applications, permit review letters, sample results, monitoring reports, permits,approvals and denials that would relate to §110(a)(2)(F). WVDEP generally makesinformation available for public access through its website, but also makes hard copyreports available upon written request.14§110(a)(2)(G)provide for authority comparableto that in section 303 andadequate contingency plans toimplement such authority;Comparable Authority:W.Va. Code §22-5-5 authorizes the Secretary to issue anorder to cease and desist any activity thatviolates the Air Pollution Control Act. TheSecretary may also suspend, modify or revoke a source’s permit. Under §22-5-6, theSecretary may also institute lawsuits for civil penalties. §22-5-7 authorizes theSecretary to seek applications for injunctive relief. §22-5-8 authorizes the Secretary,with the written authorization of the Governor,to shut down a source of lead emissions,thereby preventing the emission of air pollutants which substantially contributes to anemergency that requires immediate action toprotect public health. As provided in WestVirginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA toaffirm accuracy of any information considered while executing authority under §§22-5-5,-6, -7 or -8.Contingency Plans:West Virginia satisfies the criteria to be classified a Priority IIIRegion under 40 CFR §51.150(f) for lead, as it does not meet the criteria set forth in 40CFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classified as Priority III donot need to develop episode(contingency) plans. To date, EPA has not promulgated aclassification system for lead.§110(a)(2)(H)provide for revision of such plan-(i) from time to time as may benecessary to take account ofrevisions of such nationalprimary or secondary ambientair quality standard or theavailability of improved or moreexpeditious methods of attainingsuch standard, and(ii) except as provided inparagraph (3)(C), whenever theAdministrator finds on the basisof information available to theAdministrator that the plan issubstantially inadequate to attainthe national ambient air qualitystandard which it implements, orto otherwise comply with anyadditional requirementsestablished under this Act;Revision of NAAQS:To satisfy the SIP revision provisions set forth in § 51.104, W.Va.Code §22-5-4(a)(16) authorizes the Secretary to do all things necessary andconvenient to prepare and submit a plan for the implementation, maintenance andenforcement of the Clean Air Act. WVDEP hashistorically revised, and will continue torevise its NAAQS rules as necessary to take account of revisions of the nationalprimary or secondary ambient air quality standards or improved or more expeditiousmethods of attaining the standards. Below are brief recent history examples of howWest Virginia has promulgated various versions of NAAQS rule 45CSR8 to takeaccount of revisions and maintain the primary and secondary NAAQS:On February 8, 2009, West Virginia received full SIP approval of its 2008 NAAQS rule45CSR8 (74 FR 6552). This rule contains ambient air quality standards for all criteriapollutants, including the 2006 PM2.5NAAQS, equivalent to the national primary andsecondary ambient air quality standards established under Section 109 of the Clean AirAct, and promulgated by the United StatesEnvironmental Protection Agency under 40CFR Part 50 through June 1, 2007.The 2009 version of 45CSR8 includes the revised the 8-hour primary and secondaryozone NAAQS. Revisions to the rule also include deletion of references to the obsoleteone-hour ozone NAAQS. The 2009 rule became effective June 1, 2009. EPAannounced reconsideration of the 2008 primary and secondary ozone standards onSeptember 16, 2009. Subsequently, EPA Region III advised the WV DAQ that 45CSR815§110(a)(2)(H)(continued)may not be approvable into the SIP because the ozone standard is underreconsideration. At the request of EPA Region III, 45CSR8 was withdrawn as a revisionto the SIP on November 16, 2009.The 2010 version of 45CSR8 included revised the national primary and secondary leadNAAQS and deletion of redundant methods ofmeasurement language in section 4.The 2010 rule became effective June 1,2010. EPA Region III advised the WV DAQthat the 2010 version of 45CSR8 may not be approvable into the SIP because theozone standard is under reconsideration.At the request of EPA Region III, 45CSR8was not submitted as a revision to the SIP.West Virginia submitted a NAAQS SIP revision to EPA Region III on July 8, 2011.Revisions to the 2011 version of the rule provide for incorporation by reference of theNAAQS as promulgated by the U.S. EPA asof June 1, 2010, rather than reiterating theNAAQS in the rule. Additionally, the U.S. EPAhas revised the primary nitrogen dioxideNAAQS, and 45CSR8 incorporates by reference these revised standards. The 2011rule became effective June 16, 2011.Inadequate Plan:W.Va. Code §22-5-4(a)(16) authorizes the Secretary to do all thingsnecessary and convenient to prepare and submit a plan for the implementation,maintenanceand enforcement of the Clean Air Act. When, if ever, EPA finds the SIP issubstantially inadequate to attain the NAAQS which it implements or otherwise tocomply with the CAA, West Virginia will revise the plan as necessary for adequacy.§110(a)(2)(J)meet the applicable requirementsof section 121 (relating toconsultation) and section 127(relating to public notification)andpart C (relating to prevention ofsignificant deterioration of airquality and visibility protection)Consultation:Satisfying the applicable requirements of Section 121 of the CAA, theWV APCA provides adequate authority under W.Va. Code §22-5-4(a)(2) for WestVirginia’s practices of consultation withlocal governments, organizations and LandManagers for purposes of air pollution control.WVDEP also consults with such entitiesregarding implementation plans for air quality maintenance requirements,preconstruction review of direct sources,nonattainment requirements, and preventionof significant deterioration. For the lead NAAQS, West Virginia’s permitting programincludes three SIP approved rules: minor NSR rule 45CSR13 (68 FR 9559), PSD rule45CSR14 (76 FR 30832), and major NSR 45CSR19 (71 FR 64468). West Virginia alsohas an approved Title V operating permitprogram (66 FR 50325). WVDEP haspreviously demonstrated a commitment tosuch consultation through encouragementand support for an Early Action Compact, and through Federal Land Managerconsultation for the WV Haze SIP.Notification:W.Va. Code §22-4-(a)(10) authorizes the WVDAQ to notify the public ofimminent and serious hazards to public health. W.Va. Code §22-1-12 providesauthority for the public notification of NAAQS violations and education efforts asrequired by CAA Section 127. Each year,WVDEP issues a comprehensive Air QualityAnnual Report, which compares monitored air quality data with the NAAQS, and tracksthe Air Quality Index. The Report contains emissions information and air quality16§110(a)(2)(J)(continued)highlights from the previous year, and providespublic awareness of criteria pollutantsand their effects on health; educational website links to tips that improve air quality,links to technical websites and outreach efforts.PSD and Visibility:Pursuant to the CAA, if a regulated pollutant becomes subject toregulation under PSD, West Virginia’s PSD rule 45CSR14 provides for theimplementation of any new PSD requirementsthat are triggered upon the effective dateof any new NAAQS. West Virginia submitted 2011 PSD rule 45CSR14 to EPA RegionIII on August 31, 2011. Thisfully-adopted rule applies to all regulated NSR pollutants,including greenhouse gases.There are no new applicable visibility protection obligationsunder Section 110(a)(2)(J)as a result of the 2008 lead NAAQS.§110(a)(2)(K)provide for:(i) the performance of such airquality modeling as theAdministrator may prescribe forthe purpose of predicting theeffect on ambient air quality ofany emissions of any air pollutantfor which the Administrator hasestablished a national ambient airquality standard, and(ii) the submission, upon request,of data related to such air qualitymodeling to the Administrator;Air Quality Modeling:West Virginia Code, §§22-5-4(a)(1) & (3), authorizes theSecretary to “develop ways and means for theregulation and control of pollution of theair of the state” and “conduct such studiesand research relating to air pollution and itscontrol and abatement”. Inherent in West Virginia's authority to meet the NAAQS and toconduct studies and research is the obligation for WVDEP to perform modeling asrequired under the CAA to demonstrate attainment of the NAAQS, as prescribed by theAdministrator. WVDAQ employs one full timetechnical employee who is responsible forair quality modeling. WVDEP also participates in regional planning organizations suchas the Association for Southeastern Integrated Planning (ASIP), which performsNAAQS modeling for member states. West Virginia will perform modeling, as requiredunder the CAA to demonstrate attainment of the lead NAAQS. Air quality modeling tobe conducted with respect to the lead NAAQS may be source-oriented dispersionmodels such as AREMOD.Submission of Data:W.Va. Code §§22-5-4(a)(2), 22-5-10 and 22-5-4(a)(16)authorizes the Secretary to submit, upon request by the Administrator, modeling datapredicting the effect on ambient air qualityof any emissions of any air pollutant forwhich the Administrator has established a national ambient air quality standard. WestVirginia will submit to EPA current and future air qualitymodeling data as part of itsrelevant SIP submissions and through Federal grant commitments or in other ways thatEPA may request.§110(a)(2)(L)require the owner or operator ofeach major stationary source topay to the permitting authority,as a condition of any permitrequired under this Act, a feePermit Fees for Permit Review, Implementation and Enforcement:West Virginiahas SIP approved PSD rule 45CSR14 (76 FR 30832) and major NSR rule 45CSR19(71 FR 64468) (construction permits). Programpermit fees are contained in the rules.The collected fees have been sufficient to cover permit review, and implementation andenforcement of permit terms and conditions.17§110(a)(2)(L)(continued)sufficient to cover-(i) the reasonable costs ofreviewing and acting upon anyapplication for such a permit,and(ii) if the owner or operatorreceives a permit for suchsource, the reasonable costs ofimplementing and enforcing theterms and conditions of any suchpermit (not including any courtcosts or other costs associatedwith any enforcement action),until such fee requirement issuperseded with respect to suchsources by the Administrator'sapproval of a fee program undertitle V;West Virginia also has an approved Title V operating permit program under 45CSR30(66 FR 50325). Title V Program permit fees which satisfy the fee determination andcertification requirements set forth in 40CFR §70.9 are contained in the rule. Thecollected fees have been sufficient to cover permit review, and implementation andenforcement of permit terms and conditions.§110(a)(2)(M)provide for consultation andparticipation by local politicalsubdivisions affected by the plan;Consultation:The WVDEP Cabinet Secretary has the authority under W.Va. Code§22-5-4(a)(16) “to do all things necessary andconvenient to prepare and submit a planor plans for the implementation, maintenanceand enforcement of the Federal Clean AirAct .....” Under this statute, and pursuant tothe General Plan Requirements set forth in40 CFR §51.240, the West Virginia Division ofAir Quality is the organization authorizedto develop, implement and enforce the SIP.W.Va. Code §22-5-4(a)(2), authorizes theSecretary to advise, consult and cooperate with local political subdivisions affected bythe implementation plan. West Virginia consults with local governments, organizationsand Land Managers with respect to SIP development.WVDAQ also consults with such entities regarding implementation plans for air qualitymaintenance requirements, preconstruction review of direct sources, nonattainmentrequirements, and prevention of significant deterioration.Notice and Opportunity for Public Hearing:In accordance with the federalprocedural requirements at 40 CFR §51.102,any plan or plan revision, or individualcompliance schedule, prepared by WVDAQ is subject to a 30 day public notice periodwith public hearing, or in cases where there is little anticipated public interest, theopportunity for a public hearing. Staterules which contain such public noticeprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30.18

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west virginia department of envir o nmental pr o tection

Divi s ion o f Air Qualit y 601 57 t h Street S E Charl es t o n , WV 25 3 0 4 Phon e 30 4 / 92 6- 04 75 • F AX: 304 / 926

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## September 15
, 2011

Ms. Diana Esher, Director Air Protection Division USEP A Region III 1650 Arch Street (3APOO) Philadelphia
, PA 19103-2029

RE: Proposed West Virginia State Implementation Plan Revision for Clean Air Act Section 11 0(a)(2)(A)-(M) Requirements for Lead

Dear Ms. Esher:

Enclosed for your agency ' s review and comment is a copy of the proposed West Virg i nia State Implementation Plan (SIP) revision for the Clean Air Act Section 110(a)(2)(A)

- (M) requirements for lead

. In this proposed SIP revision
, the State is demonstrating that it has adequate resources and authorit y to implement the 2008 lead NAAQS. Compliance w ith specific CAA section 110(a)(2) requirements is detailed in a document demonstrating that the State
meets these express requirements through authorities granted under state laws and regulation s , as well as implementation of existing air programs.

DEP is seeking comments on whether the document adequately demonstrates West Virginia's compliance with the pertinent federal CAA mandates r e lated to these so

- called infrastructure elements

. We are announcing an opportunit y for public comment on this proposed SIP revision. The public comment period begins September 16
, 2011 and ends October 17
, 2011. A copy of the public notice is also enclosed.

Please submit any written comments to my attention at the above address. If you or your staffhas any question s or needs more information regarding this matter, p l ease contact me at (304) 926

- 0462.

Sincerely, 

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JAB / wfd Enclosures
Promoting a healthy environment

.west virginiadepartment of environmentalprotectionProposed West VirginiaState Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M)Requirements for LeadSeptember 1, 2011West Virginia Division of Air Quality601 57thStreet, SECharleston, W.Va. 25304Promoting a healthy environmentThis page intentionally left blank.1Proposed West Virginia State Implementation Plan Revision forClean Air Act Section 110(a)(2)(A)-(M) Requirements for LeadA State Implementation Plan (SIP) is a plan for each state thatidentifies how that state will attain and/or maintain the primary and secondaryNational Ambient Air Quality Standards (NAAQS). The SIP is a series of complex, fluid documentscontaining regulations, source-specificrequirements, non-regulatory items such as plans and inventories,and in some cases additional requirements promulgated by theU.S.Environmental Protection Agency (EPA). The initial SIPs for states were approvedby EPA on May 31, 1972. SIPs can be revised bythe statewith EPA approval as necessary. The federally enforceable SIP forWest Virginia is compiled in 40CFR Part 52, Subpart XX. In this revisionto the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NAAQS.This SIP revision addresses requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) many of which have been addressed inother SIP revisions. It is a compilation of elements that demonstrate how the2008 lead NAAQS is being implemented, maintainedandenforced in West Virginia. The elements of this SIP revision, once approved by EPA, will provide a federally enforceable compilation of howWest Virginia will continue to comply withthe Section 110(a)(2) requirements of the CAA.In 1961, the State Legislature passed the AirPollution Control Law of WestVirginia, making West Virginia the sixteenth stateto have astatewide air pollution control law. The lawprovided for a separate state agency composed of a seven member Commission, a Director andstaff. The powers, authorities and funding of the original Commission were subsequently conveyed to the Office of Air Quality and then tothe Division of Air Quality (WVDAQ) withinthe West Virginia Department of Environmental Protection (WVDEP). Staffing, fundingandlegal authorities now incorporate over 90 full time staff, with a multi-million dollar annual budget and approximately 40 legislative rules.DAQ has a variety of substantial funding sources, including construction/modification permit fees, Title V operating permit fees, non-Title Voperating fees, general State revenue and federal grant monies. The agency has demonstrated the ability to implement state andfederalrequirements for fifty years as most recently evidenced by federally approved 1997 ozone standard maintenance SIPs, and Section110(a)(2)Infrastructure Requirements for the 19978-Hour Ozone and the 1997 and 2006 Fine Particulate Matter NAAQS. Legislative authority for theWest Virginia air quality programrelating to the responsibilitiesin the Clean Air Act is codified in the West Virginia Air Pollution ControlAct, W.Va. Code §22-5, more specifically §22-5-1, which gives West Virginia the primary responsibility for assuring air qualitypursuant tothe CAA.Many elements of Section 110(a)(2)(A)-(M) already exist inthe approved SIP or recently submitted SIP revisions for other NAAQS. This SIPrevision may reiterate and/or reinforce some of these previously submitted and/or approved elements. Some requirements, such as those forintergovernmental consultation, air qualitymodeling and compliance with Part D of the CAA, are fulfilled during the development andsubmission to EPA, as a SIP revision, of attainment plans and related requirements due under Subpart 1and, in the case of lead, Subpart 5 ofthe CAA. West Virginia has no designated lead non-attainment areas.2Section110(a) elementThe implementation plan shall:West Virginia Implementation§110(a)(2)(A)include enforceable emissionlimitations and other controlmeasures, means, or techniques(including economic incentivessuch as fees, marketable permits,and auctions of emissions rights),as well as schedules andtimetables for compliance as maybe necessary or appropriate tomeet the applicable requirementsof this Act.Enforceable Emission Limitations and Other Control Measures:The Secretary hasthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) topromulgate rules in accordance with the Administrative Procedures Act (W.Va. Code§§ 29A3-1 et seq.). Approximately fortyrules implemented under the auspices of theAPCA are currently in effect and codified atTitle 45 of the West Virginia Code of StateRules, including the ambient air quality standards for criteria pollutants (including lead)contained in 45CSR8. Enforceable emission limitations and other control measures forlead may be found in the Code of State Rules as necessary or appropriate to meet theapplicable requirements of the CAA:45CSR7 - The purpose of this West Virginia SIP approved rule (50 FR 26732) is tocontrol particulate matter air pollution from manufacturing processes and associatedoperations. Section 4.13 of 45CSR7 addresses potential hazardous materialemissions. Persons responsible for manufacturing process source operations fromwhich hazardous particulate matter materialmay be emitted such as, but not limited to,lead, arsenic, beryllium and other such materials shall give the utmost care andconsideration to the potential harmful effects of the emissions resulting from suchactivities. Evaluations of these facilities as to adequacy, efficiency and emissionpotential will be made on an individual basis by the WVDAQ Director working inconjunction with other appropriate governmental agencies.45CSR13 - The purpose of this West Virginia SIP approved rule (68 FR 9559) is to setforth the procedures for stationary sourcereporting, and the criteria for obtaining apermit to construct and operate a new stationary source which is not a major stationarysource, to modify a non-major stationary source, to make modifications which are notmajor modifications to an existing major stationary source, to relocate non-majorstationary sources within the state of WestVirginia. Lead is a “regulated pollutant’” asdefined under 45CSR13-2.20.Lead has a plantwide permitting de minimus threshold of1200 lbs per year established in Table 45-13A.An increase of 10 percent of the deminimus level, or 120 lbs per year of lead is, triggers a modification under 45CSR13.45CSR14 - The purpose of this West Virginia SIP approved rule (76 FR 30832) is tosatisfy the prevention of significant deterioration permit program requirements in Part Cof the CAA. 45CSR14 contains a significance level for lead of 0.6 tpy and a de minimisair quality impact concentration of 0.1μg/m3over a 3 month averaging time. A PSDsource in an attainment area may have a lead emission limitation in a permit under45CSR14 based upon a BACT analysis.3§110(a)(2)(A)(continued)45CSR19 - The purpose of this West Virginia SIP approved rule (71 FR 64468) is tosatisfy the nonattainment area new source review permit program requirements in PartD of the CAA. 45CSR19 contains a significance level for lead of 0.6 tpy. A NSRsource in a lead non-attainment area may have a lead emission limitation in a permitunder 45CSR19 based upon a LAER analysis. West Virginia has no designated leadnon-attainment areas.45CSR34 - This West Virginia federal delegation rule establishes and adopts aprogram of national emission standards forhazardous air pollutants (such as leadcompounds) and other regulatory requirements promulgated by the United StatesEnvironmental Protection Agency (USEPA) pursuant to 40 CFR Parts 63 and Section112 of the federal Clean Air Act, as amended. West Virginia has delegation authoritypursuant to a January 2010letter from EPA Region III which continued authorizationfor West Virginia to implement and enforce certain federal National EmissionsStandards for Hazardous Air Pollutantsand New Source Performance Standards,including Subpart YYYYY - National EmissionStandards for Hazardous Air Pollutantsfor Area Sources: ElectricArc Furnace Steelmaking Facilities. Under Subpart YYYYY,the Standards and Compliance Requirementsset forth in 40 CFR §63.10685 containrequirements for the control of contaminantsfrom scrap, including chlorinated plastics,lead, and free organic liquids. Such requirements include either a pollution preventionplan or restrictionson metallic scrap.45CSR30 - This West Virginia rule establishes a permitting program pursuant to Title Vof the CAA. Any major stationary source subject to enforceable lead emissionlimitations or control measures pursuantto 45CSR7, 45CSR13, 45CSR14, 45CSR19or 45CSR34 will be contained in a permit issuedby West Virginia under its establishedTitle V permit program. The effective date ofinterim approval of West Virginia’s Title VProgram and 45CSR30 was 12/15/95. U.S.EPA fully approved the West Virginia Title Vprogram via DFR published on 10/03/01 (66 FR 50325). U.S.EPA approved revisionsto 45CSR30 contained in DAQ’s 07/01/01 rule via a separate DFR published on10/09/01 (66 FR 51318). These revisions became federally effective 11/23/01.Pursuant to West Virginia Code, §22-5-1 declares the state’s public policy “to fulfill itsprimary responsibility for assuring air quality pursuant to the‘Federal Clean Air Act’, asamended.”The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.4§110(a)(2)(B)provide for establishment andoperation of appropriate devices,methods, systems, andprocedures necessary tomonitor, compile, and analyzedata on ambient air quality, andupon request, make such dataavailable to the Administrator;Establishment of Monitoring System:Pursuant to West Virginia Code, §22-1-1(a)(1),“protecting the environment is fundamental to the health and welfare of individualcitizens,” and, the state “has a duty to provide and maintain a healthful environment forour citizens.” Under §22-1-1(a)(2), “thestate has the primary responsibility forprotecting the environment.” §22-1-1(b) “declares that the establishment of adepartment of environmental protection is in the public interest” and that “It is the policyof the state .....to use all practical means and measures to preventor eliminate harm tothe environment and biosphere, to createand maintain conditions under which manand nature can exist in productive harmony, .....”Additionally, §22-5-1 declares the state’s public policy “to fulfill its primary responsibilityfor assuring air quality pursuant to the‘Federal Clean Air Act’, as amended.”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies tomeet environmental goals.”Under §22-1-6(a), the WVDEP Cabinet Secretary “is the chief officer of thedepartment” with the powers, duties and authority pursuant to §§22-5-2(3) and 22-5-4.The Secretary has the authority under W.Va. Code §§22-5-4(a)(1) & (3) “to developways and means for the regulation and controlof pollution of the air of the state” and“conduct such studies and research relating to air pollution and its control andabatement”.Therefore, under manifold statute authority, West Virginia operates and maintains anestablished network of ambient air monitorsin West Virginia for the purpose ofassessing compliance with the National Ambient Air Quality Standards, whichCongress provided for in the CAA, and such standards promulgated by U.S.EPA toprotect the health and welfare of individual citizens.Monitoring System Operation:To assess NAAQS compliance, DAQ operates anetwork of monitors in West Virginia that have beendesignated by EPA as eitherFederal Reference or Federal Equivalentmonitors. All ambient air monitors aresubjected to the Quality Assurance requirements of 40 CFR Part 58, Appendix A.Additionally all monitors have met the minimum siting requirements of Part 58,Appendix E. WVDEP analyzes collected air quality data to determine attainment statusunder the NAAQS.As required under 40 CFR Part 58, Subpart B at §58.10, West Virginia’s 2010 AnnualAir Quality Monitoring Network DesignPlan was submitted to U.S.EPA on June 24,2010, and consequentlyapproved by U.S.EPA via letter received by West Virginia on5§110(a)(2)(B)(continued)December 20, 2010. On June 22, 2011, West Virginia has also submitted a 2011Annual Air Quality Monitoring Network Design Plan to U.S.EPA.On December 14, 2010, USEPA revised the lead NAAQS and lowered the emissionthreshold that states must use to determine if an air quality monitor should be placednear an industrial facility that emits lead.The new emission threshold for sources is 0.5tons per year (tpy), reducedfrom the previous threshold of 1.0 tpy. Any new monitorrequired to be located near an emissions source must be operational by December 27,2011. In accordance with paragraph 4.5(a) of 40 CFR Part 58, Appendix D (whichrequires states to conduct ambient air lead monitoring near lead sources whichcontribute to a maximum lead concentration inexcess of the NAAQS), West Virginia’s2011 Annual Air Quality Monitoring NetworkDesign Plan identified one lead emissionsource that requires lead monitoring as a result of the lead NAAQS revision. Acollocated TSP lead site is required to beinstalled at an existing Cabell County site inaccordance with EPA’s Lead Ambient Air Monitoring Requirements.Availability of Data:In order to keep U.S.EPA informed of planned changes to themonitoring site, WVDEP provides EPA Region III with adequateprior notification.Details of these changes and anticipated approvals of the changes are communicatedto EPA. On an annual basis, WVDEP submits to EPA a monitoring site design planrequired under 40 CFR §58.10, that describes how West Virginia is complying withmonitoring requirements and explains anychanges to the monitoring network. Thisplan also provides for a description of each change, the reason for each change, andany other information relevant to the change.As provided in West Virginia Code, §§22-5-4(a)(2), 22-5-10 and §110(a)(2)(B) of theCAA, WVDEP will collect and report toEPA ambient air quality data for lead. Thereports will comply with the federal requirements of 40 CFR §58.16. The data isreviewed, edited, validated, and entered into the EPA air quality system (AQS) forupdating pursuant to prescribed AQS procedures. The EPA AQS receives each reportwithin 90 days after the end of the quarterly reporting period. Data is certified annuallyas required under 40 CFR §58.15.6§110(a)(2)(C)include a program to provide forthe enforcement of the measuresdescribed in subparagraph (A)and regulation of the modificationand construction of any stationarysource within the areas coveredby the plan as necessary toassure that national ambient airquality standards are achieved,including a permit program asrequired in parts C and D;Enforcement of Control Measures for the 2008 Lead NAAQS:Pursuant to §22-1-6(a), the WVDEP Cabinet Secretary “is thechief officer of the department” with thepowers, duties and authority pursuant to §§22-5-2(3) and 22-5-4.The Secretary has the authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) to promulgate rules in accordance with the Administrative Procedures Act(W.Va. Code §§ 29A3-1 et seq.)The Secretary has the authority under W.Va. Code §22-5-4(a)(5) “to enter ordersrequiring compliance withthe provisions of this article andthe rules lawfullypromulgated hereunder.”The Secretary has the authority under W.Va.Code §22-5-4(a)(9) “to enter and inspectany property, premise or place ....for the purpose of ascertaining the state ofcompliance with this article and the rulespromulgated under the provisions of thisarticle.”The Secretary has the authority under W.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare and submit a plan or plans for theimplementation, maintenance andenforcementof the Federal Clean Air Act .....”The Secretary also has the authority under W.Va. Code §22-5-5 to enter an orderdirecting a person tocease and desist activity which violates theprovisions of §22-5-1et seq and therules promulgated pursuant thereto.Pursuant to W.Va. Code §22-5-6,violators of theprovisions of §22-5-1 et seq and therules promulgated pursuant thereto are subject to civil penalty.West Virginia therefore has an established legal framework and inherent ability toprovide for the enforcement of the measures described the §110(a)(2)(A) element ofthis document, and contained in a permit issued under 45CSR13, 45CSR14, 45CSR19or 45CSR30 (see below).Regulation of the Modification and Construction of Stationary Sources:For thelead NAAQS, West Virginia's permitting program includes the following two SIPapproved rules: NSR rule 45CSR13 (68 FR9559) which provides a permitting programfor construction and modification of minorsources, PSD rule 45CSR14 (76 FR 30832)which satisfies the prevention of significant deterioration permit program requirementsin Part C of the CAA. West Virginiaalso has an approved Title V operating permitprogram (66 FR 50325).EPA has not proposed to amend the PSD regulations with regard to lead. However,West Virginia will revise its PSD program to address any applicable EPA amendments7§110(a)(2)(C)(continued)of the lead PSD rules within three years from the date of such amendments.West Virginia is authorized to implement its existing PSD permit program in order toensure that the construction and modificationof major stationary sources does notcause or contribute to a violation ofthe lead NAAQS through SIP-approved rule45CSR14. The purpose of 45CSR14 (76 FR 30832) is to satisfy the prevention ofsignificant deterioration permit program requirements in Part C of the CAA. 45CSR14contains a significance level for lead of 0.6 tpy and a de minimis air quality impactconcentration of 0.1μg/m3over a 3 month averaging time. A PSD source (new ormodified) in an attainment area may have a lead emission limitation in a permit under45CSR14 based upon a BACT analysis.West Virginia PSD rule 45CSR14 limits PSD applicability with respect to greenhousegas-emitting sources by adopting the applicability thresholds included in EPA’sTailoring Rule. West Virginia’s 2011 legislative rule 45CSR14 became effective onJune 16, 2011. The fully-adopted rule was submitted to EPA as a SIP revision onAugust 31, 2011. EPA has not proposed toamend the PSD regulations with regard tothe lead NAAQS.West Virginia’s SIP-approved minor NSRpermitting program under 45CSR13 (68 FR9559) provides regulation of the modification and construction of stationary sources asnecessary to assure that thelead NAAQS are achieved. West Virginia will revise itsminor NSR program to address any applicable EPA amendments of the lead PSD ruleswithin three years from the date of such amendments.8§110(a)(2)(D)contain adequate provisions -(i) prohibiting, consistent with theprovisions of this title, any sourceor other type of emissions activitywithin the state from emitting anyair pollutant in amounts whichwill-(I) contribute significantly tononattainment in, or interfere withmaintenance by, any other statewith respect to any such nationalprimary or secondary ambient airquality standard, or(II) interfere with measuresrequired to be included in theapplicable implementation planfor any other State under part Cto prevent significantdeterioration of air quality or toprotect visibility,(ii) ensuring compliance with theapplicable requirements ofsections 126 and 115 (relating tointerstate and internationalpollution abatement);State Assessment of Significant Contribution and Interference:Although initialarea attainment designations for lead havenot been determined, West Virginia hasidentified one source of lead emissions located within 2 miles of the state border thathas an emissions greater than EPA’s threshold of 0.5 tons per year or greater (EPADraft Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the2008 Lead NAAQS, June 17, 2011). The sourcehas emissions which could potentiallyimpact a neighboring state via interstate transport such that the source’s emissionsmay contribute to nonattainment by of interference with required measures. Basedupon West Virginia’s 2009 emissions inventory, Steel of West Virginia emitted 0.83tons of lead in 2009. The impact of these emissions will be assessed after area leadmonitoring data are obtained. In accordance with EPA guidelines, West Virginia isplanning to install a lead monitor near the source. The monitoring data will help toassess impact of these emissions, and determine whether the source is likely tocontribute to an air quality violation.Because there are no 2008 lead nonattainment areas within 100 miles of the source,and the physical properties of lead prevent lead emissions from experiencing the sametravel or formation phenomena as PM2.5or ozone, it is unlikely that this Cabell Countysource contributes significantly to nonattainment in, or maintenance by any other statewith regard to lead.As set forth in 45CSR14-4, ambient air quality increments and ceilingsare not confinedto a state boundary.Pursuant to the public review procedures set forth in 45CSR14-17,West Virginia mustprovide notice to any state affected by a proposed source or modification. The WVDAQmust send a copy of the advertisement to the applicant, to the Administrator, and toofficials and agencies having cognizance over the location where the proposedconstruction would occur as follows:any other State or local air pollution controlagencies, the chief executives of the cityand county where the source would belocated; any comprehensive regional landuse planning agency, any State, and anyFederal Land Manager, whose lands may be affected by emissions from the source ormodification.As set forth in 45CSR14-9, any person proposing to construct or relocate a majorstationary source or to make a major modification must demonstrate that allowableemission increases from the proposed sourceor modification, in conjunction with allother applicable emission increases or reductions (including secondary emissions)would not cause or contribute to air pollution in violation of any National Ambient AirQuality Standard or any applicable maximum allowable increase over the baselineconcentrationin any area.9§110(a)(2)(D)(continued)Interference With Required Measures Under Part C:West Virginia confirms thatnew major sources and major modifications in the state are subject to PSD underlegislative rule 45CSR14. The purpose of this West Virginia SIP approved rule (76 FR30832) is to satisfy the prevention ofsignificant deterioration permit programrequirements in Part C of the CAA. Under45CSR14, “.....all applications filed by anyperson to construct major new or modified stationary air pollution sources, intending tolocate in areas with air quality better than the levels set to protect the public health andwelfare, or that might impact those areas,must adequately meet the pre-constructionreview procedures and conditions of the Clean Air Act as amended ....”. This ruleincludes specific federal requirements which ensure that new or modified sources donot interfere with measures to prevent significant deterioration of air quality byproviding a mechanism to prevent thedevelopment of any new non-attainmentproblems. 45CSR14 requires the evaluation of sources of air pollutants and topreclude the construction or relocation of any major stationary source or majormodification in any area classified as attaining National Ambient Air Quality Standardsor unclassifiable in which the establishment of such source or modification mayinterfere with the goals of the prevention ofsignificant deterioration of air quality levels.Ensuring Compliance with Sections 126 and 115: West Virginia has demonstratedthat it has met its obligations pursuantto CAA Section 126(a) through the adoption of45CSR14-7,Public Review Procedureswhich requires notification to other states ofpotential impacts from a source. West Virginia has no currently pending obligationspursuant to CAA Section 126(b). West Virginia has submitted to EPA (August 31,2011) a fully-adopted PSD program under 45CSR14 that applies to all regulated NSRpollutants, including GHG. West Virginia has made the necessary submittals todemonstrate that West Virginia has adequate provisions ensuring future compliancewith the requirements of Sections 126 and 115 of the CAA as may be necessary.10§110(a)(2)(E)(i)provide(i) necessary assurances thatthe state (or, except where theAdministrator deemsinappropriate, the generalpurpose local government orgovernments, or a regionalagency designated by the stateor general purpose localgovernments for such purpose)will have adequate personnel,funding, and authority understate (and, as appropriate, local)law to carry out suchimplementation plan (and is notprohibited by any provision offederal or state law from carryingout such implementation plan orportion thereof);Personnel:WVDEP has demonstrated adequate personnel to carry out theimplementation plan with respect to the lead NAAQS requirements. The Secretaryemploys adequate personnel and retains specialists under W.Va. Code §22-5-4(a)(8)that are "necessary, incidentor convenient" to accomplish the statutory mandate tocarry out the implementation plan. A staff of approximately 90 full time employees isemployed at WVDAQ. The West Virginia AirDirector supervises the air monitoring,compliance and enforcement, hazardous waste, permitting and planning sections, aswell as three regional DAQ offices, and answers to the WVDEP Cabinet Secretary.Because of the nature of the national andstate economy, WVDAQ does not anticipateany changes in resources considered necessary during the 5 years following SIPsubmittal; and projects a similar resourceneed at 1, 3, and five year intervals.Funding:The APCA provides adequate funding under W.Va. Code §§22-1-10(a) and22-5-4(a)(17) to carry out the implementation plan. W.Va. Code §22-5-12 sets forth thestatutory operating permit requirements for stationary sources under Title V of the CAA.45CSR30 establishes fees sufficient to cover the direct and indirect costs ofadministering the air pollution control planning process, Title V operating permitprogram, and support the air pollution control program authorized by statute. TheAPCA also authorizes the establishment of fees to cover non-Title V permitting costsunder 45CSR22. The air quality program also receives revenue from fines andpenalties (Air Pollution Control Fund) and federal funds under Section 105 and 103 ofthe CAA, and state general appropriations.Legal Authority:The West Virginia Air Pollution Control Act (APCA), W.Va. Code §22-5-1,declares the state'spolicy "to fulfill its primary responsibility for assuring air quality"pursuant to the CAA. The WVDEP CabinetSecretary is authorized under W.Va. Code§§22-1-6(c)(1) and 22-5-4(a)(12) to carry outand represent the state in any and allmatters pertaining to the implementationplan. The Secretary has the authority underW.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare andsubmit a plan or plans for the implementation, maintenance and enforcement of theFederal Clean Air Act ....” The Secretary isnot prohibited by any provision of federalor state law from carrying out the implementation plan or portion thereof. The legalauthorities specified are available to TheWVDEP Cabinet Secretary at the time ofsubmission of this SIP revision.West Virginia has adopted emission standards and limitations and other measuresnecessary for attainment and maintenance ofnational standards. The Secretary hasthe authority under W.Va. Code §§22-1-3(a), 22-5-4(a)(4) and 22-5-4(a)(17) topromulgate rules in accordance with the Administrative Procedures Act (W.Va. Code§§ 29A3-1 et seq.). Approximately forty rules revised under the auspices of the APCAare currently in effect and codified at Title45 of the Code of State Rules, including theambient air quality standards for lead andother criteria pollutants contained in11§110(a)(2)(E)(i)(continued)45CSR8. Statutory permitting requirementsare set forth in W.Va. Code §§22-5-11 &12. West Virginia has anEPA-approved air permitting program for both major andminor facilities, under state rules 45CSR13, 45CSR14,45CSR19 and45CSR30 (asapplicable). Because there are no designated lead nonattainment areas or leadmaintenance areas, West Virginia has notpromulgated legislative rules that adoptemissions limitations or other measures necessary for attainment or maintenance ofthe 2008 lead NAAQS.The WVDEP Cabinet Secretary is authorized to enforce applicable laws, regulations,and standards under WV Code §§22-1-6(d)(3), 22-05-4(a)(5) and 22-05-4(a)(6), andseek injunctive relief under WV Code §22-5-7.The WVDEP Cabinet Secretary is authorized to abate pollutant emissions on anemergency basis to prevent substantial endangerment to the health of persons. W.Va.Code §22-5-5 authorizes the Secretary toissue an order to cease and desist anyactivity that violates the Air Pollution Control Act. The Secretary may also suspend,modify or revoke a source’s permit. Under§22-5-6, the Secretary may also institutelawsuits for civil penalties. §22-5-7 authorizes the Secretary to seek applications forinjunctive relief. §22-5-8 authorizes the Secretary, with the written authorization of theGovernor, to shut down a source of leademissions, thereby preventing the emission ofair pollutants which substantially contributes to an emergency that requires immediateaction to protect public health. As provided in West Virginia Code, §§22-5-4(a)(2) and22-5-10, the Secretary may consult with EPA to affirm accuracy of any informationconsidered while executing authority under §§22-5-5, -6, -7 or -8.The WVDEP Cabinet Secretary is authorized toprevent construction, modification, oroperation of a facility, building,structure, or installation, or combination thereof, whichdirectly or indirectly results or may resultin emissions of any air pollutant at anylocation which will prevent the attainment or maintenance of a national standard. Newmajor sources and major modifications in West Virginia are subject to PSD underlegislative rule 45CSR14. The purpose of this West Virginia SIP approved rule (76 FR30832) is to satisfy the prevention ofsignificant deterioration permit programrequirements in Part C of the CAA. Under45CSR14, “.....all applications filed by anyperson to construct major new or modified stationary air pollution sources, intending tolocate in areas with air quality better than the levels set to protect the public health andwelfare, or that might impact those areas,must adequately meet the pre-constructionreview procedures and conditions of the Clean Air Act as amended ....”. This ruleincludes specific federal requirements which ensure that new or modified sources donot interfere with measures to prevent significant deterioration of air quality byproviding a mechanism to prevent thedevelopment of any new non-attainmentproblems. 45CSR14 requires the evaluation of sources of air pollutants and topreclude the construction or relocation of any major stationary source or majormodification in any area classified as attaining National Ambient Air Quality Standardsor unclassifiable in which the establishment of such source or modification may12§110(a)(2)(E)(i)(continued)interfere with the goals of the prevention ofsignificant deterioration of air quality levels.Under WV Code §22-5-4(a)(14), the WVDEP Cabinet Secretary is authorized to obtaininformation necessary to determine whether air pollution sources are in compliancewith applicable laws, regulations, and standards. Under WV Code §§22-5-4(a)(14) and22-5-4(a)(15), the WVDEP Cabinet Secretary isauthorized to require recordkeeping.Under WV Code §22-5-44(a)(9), the WVDEP Cabinet Secretary is authorized to and tomake inspections and conduct tests of air pollution sources.Under WV Code §22-5-4(a)(15), the WVDEP Cabinet Secretary is authorized to requireowners or operators of stationary sources to install, maintain, and use emissionmonitoring devices and to make periodic reports to the State on the nature andamounts of emissions from such stationarysources. Under WV Code §22-5-10, theWVDEP Cabinet Secretary is authorized to makesuch data available to the public asreported and as correlated with any applicable emission standards or limitations.§110(a)(2)(E)(ii)(ii) requirements that the statecomply with the requirementsrespecting state boards undersection 128, andState Boards Under Section 128:Because West Virginia does not have a board whichapproves permits or enforcement orders, this element is not applicable.§110(a)(2)(E)(iii)(iii) necessary assurances that,where the state has relied on alocal or regional government,agency, or instrumentality for theimplementation of any planprovision, the state hasresponsibility for ensuringadequate implementation of suchplan provision;Responsibility for Implementation ofAssured Local Plan Provision:West Virginiahas not relied onany local or regional government, agency, or instrumentality for theimplementation of any state implementation planprovision for lead.West Virginia willretain primacy with respect to any future plan that relies on local or regionalgovernments, agencies or instrumentalities.By statute, West Virginia has primeresponsibility for ensuring adequate implementation of such a plan provision. TheSecretary has the authority under W.Va. Code §22-5-4(a)(16) “to do all thingsnecessary and convenient to prepare and submit a plan or plans for the implementation,maintenance and enforcement of the Federal Clean Air Act .....”As set forth in §22-1-1(b)(5), the WVDEP, “insofar as federal environmental programsrequire state participation” must “endeavorto obtain and continue state primacy in theadministration of such federally-mandated programs,.....and to cooperate withappropriate federal agencies to meet environmental goals.”13§110(a)(2)(F)require, as may be prescribed bythe Administrator -(i) the installation,maintenance, and replacementof equipment, and theimplementation of othernecessary steps by owners oroperators of stationary sourcesto monitor emissions from suchsources,(ii) periodic reports on thenature and amounts ofemissions and emissions-relateddata from such sources, and(iii) correlation of such reportsby the state agency with anyemission limitations or standardsestablished pursuant to this Act,which reports shall be availableat reasonable times for publicinspection;Monitoring:W.Va. Code §22-5-4(a)(15) authorizes the Secretary to require theinstallation, maintenance and replacement of equipment, and the implementation ofother necessary steps by owners or operators of stationary sources to monitor andreport emissions of lead from such sourcesas the Secretary may prescribe. Under thisauthority, West Virginia requires the installation, maintenance, and replacement ofmonitoring equipment at stationary sources through permits issued under 45CSR13,45CSR14, 45CSR19, 45CSR30, and via compliance orders. West Virginia is subject tothe Air Emission Reporting Rule (AERR) set forth in 40 CFR Part 51, Subpart A.WVDAQ’s emissions inventory program provides source-specific emissions data toU.S. EPA pursuant to the AERR reporting requirements. WVDAQ notes that therecurrently is no state or federal regulation that requires installation of continuousemission lead monitors at any stationary source in West Virginia.Reporting:In accordance with the emission reports and recordkeeping requirementsset forth in 40 CFR §51.211, W.Va. Code §§22-5-4(a)(15) authorizes the Secretary torequire periodic reports on the nature andamounts of emissions and emissions-relateddata from owners or operatorsof stationary sources (monitoring data) of lead. Pursuantto W.Va. Code §§22-5-4(a)(14), the Secretary is authorized to require such informationas the Secretary may require in a formor manner prescribed by the Secretary(emissions inventory program). Under this authority, West Virginia requires periodicreports on the nature and amounts of emissions and emissions-related data fromstationary sources through permits issued under 45CSR13, 45CSR14, 45CSR19,45CSR30, and via compliance orders. WVDAQperiodically reports emission inventoryinformation to U.S.EPA as requiredby 40 CFR Part 51, Subparts A and K.Correlation of Reports:W.Va. Code §22-1-6(d)(3) authorizes the Secretary to“investigate for violations of statutes orrules which the department is charged withenforcing.” §22-5-4(a)(3) authorizes the Secretary to correlate periodic emissionsreports with any lead emission limitationsor standards established pursuant to45CSR13, 45CSR14, 45CSR19, 45CSR30 or the CAA. As set forth in W.Va. Code §22-5-10, the Secretary makes available at reasonable times for public inspection theperiodic emissions reported under §§22-5-4(a)(14) & (15). The Secretary has theresponsibility of makingall records, reports or information obtained by the Departmentor referred to at public hearings under the provisions of the APCA available to thepublic, except to the extentthe records, reports or information are protected byconfidentiality pursuant to 45CSR31. The types of records DEP routinely providesaccess to include notifications, inspection reports, notices of violation, enforcementorders, applications, permit review letters, sample results, monitoring reports, permits,approvals and denials that would relate to §110(a)(2)(F). WVDEP generally makesinformation available for public access through its website, but also makes hard copyreports available upon written request.14§110(a)(2)(G)provide for authority comparableto that in section 303 andadequate contingency plans toimplement such authority;Comparable Authority:W.Va. Code §22-5-5 authorizes the Secretary to issue anorder to cease and desist any activity thatviolates the Air Pollution Control Act. TheSecretary may also suspend, modify or revoke a source’s permit. Under §22-5-6, theSecretary may also institute lawsuits for civil penalties. §22-5-7 authorizes theSecretary to seek applications for injunctive relief. §22-5-8 authorizes the Secretary,with the written authorization of the Governor,to shut down a source of lead emissions,thereby preventing the emission of air pollutants which substantially contributes to anemergency that requires immediate action toprotect public health. As provided in WestVirginia Code, §§22-5-4(a)(2) and 22-5-10, the Secretary may consult with EPA toaffirm accuracy of any information considered while executing authority under §§22-5-5,-6, -7 or -8.Contingency Plans:West Virginia satisfies the criteria to be classified a Priority IIIRegion under 40 CFR §51.150(f) for lead, as it does not meet the criteria set forth in 40CFR §§51.150(a)-(e). Pursuant to 40 CFR §51.152(c), areas classified as Priority III donot need to develop episode(contingency) plans. To date, EPA has not promulgated aclassification system for lead.§110(a)(2)(H)provide for revision of such plan-(i) from time to time as may benecessary to take account ofrevisions of such nationalprimary or secondary ambientair quality standard or theavailability of improved or moreexpeditious methods of attainingsuch standard, and(ii) except as provided inparagraph (3)(C), whenever theAdministrator finds on the basisof information available to theAdministrator that the plan issubstantially inadequate to attainthe national ambient air qualitystandard which it implements, orto otherwise comply with anyadditional requirementsestablished under this Act;Revision of NAAQS:To satisfy the SIP revision provisions set forth in § 51.104, W.Va.Code §22-5-4(a)(16) authorizes the Secretary to do all things necessary andconvenient to prepare and submit a plan for the implementation, maintenance andenforcement of the Clean Air Act. WVDEP hashistorically revised, and will continue torevise its NAAQS rules as necessary to take account of revisions of the nationalprimary or secondary ambient air quality standards or improved or more expeditiousmethods of attaining the standards. Below are brief recent history examples of howWest Virginia has promulgated various versions of NAAQS rule 45CSR8 to takeaccount of revisions and maintain the primary and secondary NAAQS:On February 8, 2009, West Virginia received full SIP approval of its 2008 NAAQS rule45CSR8 (74 FR 6552). This rule contains ambient air quality standards for all criteriapollutants, including the 2006 PM2.5NAAQS, equivalent to the national primary andsecondary ambient air quality standards established under Section 109 of the Clean AirAct, and promulgated by the United StatesEnvironmental Protection Agency under 40CFR Part 50 through June 1, 2007.The 2009 version of 45CSR8 includes the revised the 8-hour primary and secondaryozone NAAQS. Revisions to the rule also include deletion of references to the obsoleteone-hour ozone NAAQS. The 2009 rule became effective June 1, 2009. EPAannounced reconsideration of the 2008 primary and secondary ozone standards onSeptember 16, 2009. Subsequently, EPA Region III advised the WV DAQ that 45CSR815§110(a)(2)(H)(continued)may not be approvable into the SIP because the ozone standard is underreconsideration. At the request of EPA Region III, 45CSR8 was withdrawn as a revisionto the SIP on November 16, 2009.The 2010 version of 45CSR8 included revised the national primary and secondary leadNAAQS and deletion of redundant methods ofmeasurement language in section 4.The 2010 rule became effective June 1,2010. EPA Region III advised the WV DAQthat the 2010 version of 45CSR8 may not be approvable into the SIP because theozone standard is under reconsideration.At the request of EPA Region III, 45CSR8was not submitted as a revision to the SIP.West Virginia submitted a NAAQS SIP revision to EPA Region III on July 8, 2011.Revisions to the 2011 version of the rule provide for incorporation by reference of theNAAQS as promulgated by the U.S. EPA asof June 1, 2010, rather than reiterating theNAAQS in the rule. Additionally, the U.S. EPAhas revised the primary nitrogen dioxideNAAQS, and 45CSR8 incorporates by reference these revised standards. The 2011rule became effective June 16, 2011.Inadequate Plan:W.Va. Code §22-5-4(a)(16) authorizes the Secretary to do all thingsnecessary and convenient to prepare and submit a plan for the implementation,maintenanceand enforcement of the Clean Air Act. When, if ever, EPA finds the SIP issubstantially inadequate to attain the NAAQS which it implements or otherwise tocomply with the CAA, West Virginia will revise the plan as necessary for adequacy.§110(a)(2)(J)meet the applicable requirementsof section 121 (relating toconsultation) and section 127(relating to public notification)andpart C (relating to prevention ofsignificant deterioration of airquality and visibility protection)Consultation:Satisfying the applicable requirements of Section 121 of the CAA, theWV APCA provides adequate authority under W.Va. Code §22-5-4(a)(2) for WestVirginia’s practices of consultation withlocal governments, organizations and LandManagers for purposes of air pollution control.WVDEP also consults with such entitiesregarding implementation plans for air quality maintenance requirements,preconstruction review of direct sources,nonattainment requirements, and preventionof significant deterioration. For the lead NAAQS, West Virginia’s permitting programincludes three SIP approved rules: minor NSR rule 45CSR13 (68 FR 9559), PSD rule45CSR14 (76 FR 30832), and major NSR 45CSR19 (71 FR 64468). West Virginia alsohas an approved Title V operating permitprogram (66 FR 50325). WVDEP haspreviously demonstrated a commitment tosuch consultation through encouragementand support for an Early Action Compact, and through Federal Land Managerconsultation for the WV Haze SIP.Notification:W.Va. Code §22-4-(a)(10) authorizes the WVDAQ to notify the public ofimminent and serious hazards to public health. W.Va. Code §22-1-12 providesauthority for the public notification of NAAQS violations and education efforts asrequired by CAA Section 127. Each year,WVDEP issues a comprehensive Air QualityAnnual Report, which compares monitored air quality data with the NAAQS, and tracksthe Air Quality Index. The Report contains emissions information and air quality16§110(a)(2)(J)(continued)highlights from the previous year, and providespublic awareness of criteria pollutantsand their effects on health; educational website links to tips that improve air quality,links to technical websites and outreach efforts.PSD and Visibility:Pursuant to the CAA, if a regulated pollutant becomes subject toregulation under PSD, West Virginia’s PSD rule 45CSR14 provides for theimplementation of any new PSD requirementsthat are triggered upon the effective dateof any new NAAQS. West Virginia submitted 2011 PSD rule 45CSR14 to EPA RegionIII on August 31, 2011. Thisfully-adopted rule applies to all regulated NSR pollutants,including greenhouse gases.There are no new applicable visibility protection obligationsunder Section 110(a)(2)(J)as a result of the 2008 lead NAAQS.§110(a)(2)(K)provide for:(i) the performance of such airquality modeling as theAdministrator may prescribe forthe purpose of predicting theeffect on ambient air quality ofany emissions of any air pollutantfor which the Administrator hasestablished a national ambient airquality standard, and(ii) the submission, upon request,of data related to such air qualitymodeling to the Administrator;Air Quality Modeling:West Virginia Code, §§22-5-4(a)(1) & (3), authorizes theSecretary to “develop ways and means for theregulation and control of pollution of theair of the state” and “conduct such studiesand research relating to air pollution and itscontrol and abatement”. Inherent in West Virginia's authority to meet the NAAQS and toconduct studies and research is the obligation for WVDEP to perform modeling asrequired under the CAA to demonstrate attainment of the NAAQS, as prescribed by theAdministrator. WVDAQ employs one full timetechnical employee who is responsible forair quality modeling. WVDEP also participates in regional planning organizations suchas the Association for Southeastern Integrated Planning (ASIP), which performsNAAQS modeling for member states. West Virginia will perform modeling, as requiredunder the CAA to demonstrate attainment of the lead NAAQS. Air quality modeling tobe conducted with respect to the lead NAAQS may be source-oriented dispersionmodels such as AREMOD.Submission of Data:W.Va. Code §§22-5-4(a)(2), 22-5-10 and 22-5-4(a)(16)authorizes the Secretary to submit, upon request by the Administrator, modeling datapredicting the effect on ambient air qualityof any emissions of any air pollutant forwhich the Administrator has established a national ambient air quality standard. WestVirginia will submit to EPA current and future air qualitymodeling data as part of itsrelevant SIP submissions and through Federal grant commitments or in other ways thatEPA may request.§110(a)(2)(L)require the owner or operator ofeach major stationary source topay to the permitting authority,as a condition of any permitrequired under this Act, a feePermit Fees for Permit Review, Implementation and Enforcement:West Virginiahas SIP approved PSD rule 45CSR14 (76 FR 30832) and major NSR rule 45CSR19(71 FR 64468) (construction permits). Programpermit fees are contained in the rules.The collected fees have been sufficient to cover permit review, and implementation andenforcement of permit terms and conditions.17§110(a)(2)(L)(continued)sufficient to cover-(i) the reasonable costs ofreviewing and acting upon anyapplication for such a permit,and(ii) if the owner or operatorreceives a permit for suchsource, the reasonable costs ofimplementing and enforcing theterms and conditions of any suchpermit (not including any courtcosts or other costs associatedwith any enforcement action),until such fee requirement issuperseded with respect to suchsources by the Administrator'sapproval of a fee program undertitle V;West Virginia also has an approved Title V operating permit program under 45CSR30(66 FR 50325). Title V Program permit fees which satisfy the fee determination andcertification requirements set forth in 40CFR §70.9 are contained in the rule. Thecollected fees have been sufficient to cover permit review, and implementation andenforcement of permit terms and conditions.§110(a)(2)(M)provide for consultation andparticipation by local politicalsubdivisions affected by the plan;Consultation:The WVDEP Cabinet Secretary has the authority under W.Va. Code§22-5-4(a)(16) “to do all things necessary andconvenient to prepare and submit a planor plans for the implementation, maintenanceand enforcement of the Federal Clean AirAct .....” Under this statute, and pursuant tothe General Plan Requirements set forth in40 CFR §51.240, the West Virginia Division ofAir Quality is the organization authorizedto develop, implement and enforce the SIP.W.Va. Code §22-5-4(a)(2), authorizes theSecretary to advise, consult and cooperate with local political subdivisions affected bythe implementation plan. West Virginia consults with local governments, organizationsand Land Managers with respect to SIP development.WVDAQ also consults with such entities regarding implementation plans for air qualitymaintenance requirements, preconstruction review of direct sources, nonattainmentrequirements, and prevention of significant deterioration.Notice and Opportunity for Public Hearing:In accordance with the federalprocedural requirements at 40 CFR §51.102,any plan or plan revision, or individualcompliance schedule, prepared by WVDAQ is subject to a 30 day public notice periodwith public hearing, or in cases where there is little anticipated public interest, theopportunity for a public hearing. Staterules which contain such public noticeprocedures include permitting rules 45CSR13, 45CSR14, 45CSR19 and 45CSR30.18

# NOTICE OF PUBLIC COMMENT PERIOD

The West Virginia Department of Environmental Protection (DEP) is announcing an opportunity for public comment on a proposed revision to the State Implementation Plan (SIP) regarding the most recently promulgated National Ambient Air Quality Standards (NAAQS) for lead. The SIP is the plan developed by West Virginia in order to fulfill its responsibilities under the Clean Air Act (CAA) to attain and maintain the NAAQS promulgated by the U.S. Environmental Protection Agency (U.S. EPA). The public comment period begins September 16, 2011 and ends October 17, 2011.

In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NAAQS. Compliance with specific CAA section 110(a)(2) requirements is detailed in a document demonstrating that the State meets these express requirements through authorities granted under state laws and regulations, as well as implementation of existing air programs. DEP is seeking comments on whether the document adequately demonstrates West Virginia’s compliance with the pertinent federal CAA mandates related to these so-called infrastructure elements.

Upon completion of the public notice period, and after addressing any written comment, the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. This proposed SIP revision is considered to be non-controversial in nature. Therefore, a public hearing will be held only if requested in writi ng, and the written request is received by October 17, 2011. Any person who requests a public hearing should identify any substantive issue they intend to raise in a hearing. If properly requested, the hearing will be held beginning at 6:00 p.m. on October 24, 2011 at the address below and the public comment period will be extended until the close of the hearing. A public notice announcing whether a hearing will be held will be posted in the West Virginia Register published on October 21, 2011.

Copies of the proposed CAA §110(a)(2) SIP revision may be viewed between 8:30 a.m. and 4:30 p.m. at the DEP-Division of Air Quality, 601 57 th 

# SE, Charleston, WV 25304, beginning September 16, 2011, or electronically upon e-mail request to: Tammy.L.Mowrer@wv.gov. The proposal may also be accessed via the following web address: http://www.dep.wv.gov/daq/General/Pages/PublicNoticeandComment.aspx

Send written comments to be included in the formal record to John A. Benedict, Director, Division of Air Quality at the above address. Please identify the document to which the comments apply, the commenter’s name, address, and telephone number. Comments will also be accepted by e-mail if received by 5:00 p.m. on October 17, 2011 to: Tammy.L.Mowrer@wv.gov. Comments submitted by U.S. Mail must be postmarked by October 17, 2011.

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was d ul y pu bl i s h ed in s a id ne w s pap e r ( s) a t t h e s ta t e d pri c e f o r t h e r es p ec ti v e n e ws p ap e r (s) a n d du rin g t h e d a t e s li s ted b e l o w , 

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The W es t V i r gini a D epartment of En v ironmental

, Protection (DEP) is announcing an opportunitvtor public comment on a proposed revision to the State

, Implementation Plan (SIP) regarding the most recently promulgated National Ambient Air Quality Standards (NAAQS) for lead. The SI P is the plan developed

I by West Virg i nia in order t o fulf i ll its responsibili

t i e s under the Clean A i r Act (CAA ) to attain and
ma i n t a i n the N AAQS pro
mu l ga t e d by the U

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. The ' p ublic comment pe r -iod b egins September 16, 2011
a nd ends O ctober 17, 2011

. I n t his p r oposed revis i on to t he SIP

, West V i rgin i a i s demonstra ti ng t hat it has adequate resources a nd autho r ity t o implement t he ' 2008 lead N A A QS

. Compliance w i th speci fi c C A A sect i on 1 10{a){2 ) r equ i rements is detailed in ' a document d emonstrating that the State meets these e x press requirements through author i ties granted ' under state la w s an d regula- ' tlon s, as w el l as i mplementation of e x isting air programs

. DEP lsseeklns comments on w hether the document adequately d e monst r ates West Virg ini a's c o m p l ia nce with th e pe r t i nen t f ed er a l C A t >

. m a nd a t es r e l a t e d t o t he s e so
- c a l l e d i n fr astr u c t ure e i em e n t s.



# _ I I I U p o n c om p le t i o n o f t he p u b l i c n o tic e pe ri o d

, an d
a f t e r a d d r es s ing a n y w r i t

t e n c o m m ent, t he DE P wi ll subm i t the f in a l doc umentation to the U.S. EPA
as a revision' to the 5 I P. This proposed 5 I P revis ion is considered to be non-controversial in nature : Therefore

, a public hearing w i ll be held only if requested in wr i ting

, and t h e written request is re
ce i ved by October 1 7, 2011

. Any person who requests a publ i c hearing should .identif y an y substant i ve i ssue the y intend to raise in a heari n g. I f properly

, re quested

, the hearing
w il l be held beg i nn i ng at 6 : 0 0 p

. m

. on , October 24
, 20 11 at the address below and t he publ i c comment pe r iod wi II be ' extended
un t il the close o f the hearing

. A pub l ic notice announc i ng w h ether a h ear
ing 

### w t u be .held will be posted i n the West Virginia Reg i ster publ i shed on October 21
, 2011,
Copies of the proposed CAA § 110(a){2) 51 P revision ma y be viewed bet ween 8 : 30 a.m

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. at the DEP

~ Division of Air Quality, 601 57th SE, Charleston, WV 25304, be

ginning September 16, 2011, or electronically

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No t a i y 

# P u (5 1 o f K a naw h a Count y , W es t V i r g ini a

# F INAL WEST VIRG INIA STATE IMP LEMENTATIO N P LAN REVISION

F OR CLEAN AIR ACT SECTION 110(A)(2) (A)- (M) REQUIREMENTS F OR LEAD

RESPONSE TO COMMENTS

On September 16, 2011, the Division of Air Quality (DAQ ) commence d a thirty day public
comment period to acc ept written comments and/or a written reque st for a public hear ing on a proposed revision to the State I mplementation Plan which demonstrates that West Virgi nia has adequate re source s and authority to implement the 2008 lead NAA QS.

Writt en comments wer e ac cepted throug h 6:00 PM on Monday
, October 17, 2011. No
commenter submitt ed written comments reg arding the proposed implementation plan revision, and

no person reque sted a public hear ing. Consequently
, DAQ published in the West Virg inia Reg ister on October

21, 2011, a public notice a nnouncing that a public hea ring will not be held.

# NOTICE OF P UBLIC HEARING CA NCELLATIO N

I n the September

16, 2011 W

est Virginia Register , the West Virg inia Depa rtment of Environmental Protec tion (DEP) announc ed an oppor tunity for a public hear ing on a

proposed revision to the State I mplementation Plan (SI P) reg arding the most rece ntly

promulg ated National Ambient Air Q uality Standards (N AAQS) for

lead. I n this proposed revision to the SI P, West Virginia is de monstrating tha t it has adequa te re source s and authority to implement the 2008 lead NA AQS. Compli ance with specific CAA section 110(a )(2) require ments is detailed in a docume nt demonstrating that the State meets these express require ments throug h authorities
g rante d under state laws and r eg ulations, as well as implementation of e x isting air pr og rams. DEP sought c omments on whether the document ade quately demonstrates West Virg inia’s compliance with the pertinent fe dera l CAA mandates r elated to these so-ca lled infrastruc ture elements. The public comment per iod beg an September 16, 2011 and ende d October 17, 2011. No comments we re r ece ived and no pe rson re quested a public hear ing. T here fore the public hear ing te ntatively

schedule d for Oc tober 24, 2011 is her eby canc elled.

## Volume XXVIII



## Issue 42

October 21, 2011



## Pages 1774- 1825



## A Weekly Publication

Administrative Law Division Judy Cooper, Manager

Natalie E. Tennant Secretary of State Administrative Law Division Bldg. 1, Suite 157K 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 ofTaxAppeal Decisions

X. Other Documents or Information Filed

XI. Publication Deadlines and Publication Dates

## AGENCY

Affordable Housing Trust Fund Agriculture Appalachian EMS, Inc. BHHF Blue Ridge CTC Broadband Deployment Council Children's Health Insurance Program Commerce Community and Technical College Education Concord University Corridor G Regional Development Authority Courthouse Facilities Improvement Authority Dental Examiners DHHR, WV Early Childhood Advisory Council of WV Eastern WV Community Action Agency Environmental Protection, Dept. of Ethics Commission Family Protection Services Board Fayette County Bd. of Health Funeral Service Examiners Grievance Decisions Harrison County Commission Health Care Authority Higher Education Policy Commission Infrastructure & 

### Jobs Development Council Insurance Commission Justice and Community Services, Div. of Labor Lottery Marion County Health Dept. Massage Therapy Licensure Board, WV Medicine Monongalia County Solid Waste Authority Motor Vehicles North Central Regional EMS Inc. Nursing Home Administrators Licensing Board Osteopathy Pierpont Community & 

### Technical College Pharmacy Public Defender Corporations Public Health Public Works, WV Board of Real Estate Appraiser Board Registered Professional Nurses, WV Bd. of Exam. Ron Yost Personal Assistance Services Program State Rail Authority Tax Department Webster Co. Memorial Hospital Inc. West Virginia Northern Community College West Virginia State University Bd. of Gov. West Virginia University Hospital Inc Women's Commission WorkForce West Virginia WV Massage Therapy Licensure Board WVU Parkersburg 

## PAGE(S)



## 1775 1802, 1810-11 1775 1775 1775 1775 1775 1775 1809 1776 1776 1776 1777 1777 1778 1778 1778, 1822 1817-19 1778 1778 1811 1820-1 1778 1816, 1822 1779 1779 1779, 1812, 1816 1779 1812-13 1779-80, 1803-7 1780 1780 1816 1780 1814 1780 1807 1823 1780 1814-15 1780 1823-4 1780, 1824 1781 1781 1781 1781 1808, 1825 1781 1781 1781 1782 1782 1782 1782 1782

## AGENCY 

# I I

AGENCY CHRONOLOGICAL INDEX, VOLUME XXVIII ISSUE 42 NO NEW PROPOSED RULES WERE FILED FOR PUBLIC COMMENT THIS WEEK RULE/TYPE 

# I AUTHORITY 

# I HEARING/COMMENT PERIOD/LOCATION 

# I I

NO NEW EMERGENCY RULES WERE FILED THIS WEEK
RULE/TYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING**~** '-J '-J 

# ..,.

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

# I Date Filed 

# I Purpose

Affordable Housing Trust Fund, 10/19/2011 Review current budget projections. 

# wv 11:42:19 AM

Finance Committee Meeting Appalachian EMS, Inc. 10/19/2011 Regular Quarterly Meeting 2:54:58 PM

BHHF 10/12/2011 Regular Commission meeting 1:31:34 PM Comprehensive Behavioral Health Commission Blue Ridge CTC 8/26/2011 Regularly scheduled business meeting 8:49:24AM Board of Governors

Broadband Deployment Council 5/5/2011 regular monthly meeting 11:08:17 AM Children's Health Insurance 10/13/2011 Regular Quarterly Meeting, Agenda: Call to Order; Approval of Program 3:37:58 PM Minutes from Previous Meeting; Directors Report; Review of Financial Statements; Review of Quarterly Actuarial Report; Other Business Public Comment; Next Meeting Date: Thursday, January 26, 2012; Adjournment; This is the preliminary agenda as of the date submitted to Secretary of States Office. The final agenda will be posted on our website at www.chip.wv.gov no later than three days prior to the meetin_g. Commerce 10/12/2011 Regular monthly meeting 4:04:53 PM Miner Training, Education Board Commerce 9/26/2011 Monthly meeting 9:57:02AM Mine Safety Technology Task Force

Commerce 9/26/2011 Regular Monthly meeting 9:58:23 AM Mine Safety Technology Task Force

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

# I Meeting Date/Location

1 0/28/2011 10:00:00 AM 5710 MacCorkle A venue, SE Conference Room 2A Charleston, WV 25313 10/27/2011 10:00:00 AM WV EMS-TSN, Inc. Huntington Field Office 722 31st Street, East Huntington WV 25702 10/27/2011 2:30:00 PM Capital Conference Center Coyle Conference Room

11/2/2011 11:30:00 AM Blue Ridge CTC Technology Center 5550 Winchester Avenue Martinsburg, WV 25405 10/31/20119:00:00AM Governor's Press Conference Room 10/27/2011 10:00:00 AM 2 Hale Street Suite 101 Charleston, WV 25301

10/31/2011 10:00:00 AM Days Hotel Sutton (Flatwoods), WV 10/27/2011 10:00:00 AM Hampton Inn 1 Virginia St.,W. Charleston, WV (will also meet 1028) 10/28/2011 9:00:00 AM Hampton Inn 1 Virginia St.,W., Charleston, WV**~**



## .....

..... U1

## MEETING NOTICES

en Governmental Proceedin s Act §6-9A et se

. Agency Date Filed Purpose Meeting Date/Location

Concord University 10/18/2011 Prepare for the November 8, 20 II Board of Governors' meeting 11/1/2011 8:30:00 AM 11:30:04 AM Teleconference 

## Student Affairs Committee of the Concord University 

## Board of Governors The Concord Room 201A Marsh Hall Athens, VV11 24712 Concord University 10/18/2011 Prepare for the November 8, 2011 Board of Governors' meeting. 11/1/2011 10:00:00 AM 11:32:08 AM Teleconference 

## Academic Affairs Committee of the Concord University 

## Concord University Board of The Concord Room 

## Governors 201A Marsh Hall Athens, WV 24712 Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/1/2011 11 :30:00 AM 11:33:46AM meeting Teleconference 

## External Affairs of the Concord Concord University 

## University Board of Governors The Concord Room 201A Marsh Hall Athens, WV 24712 Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/l/2011 !:OO:OOPM 11:36:27 AM meeting Teleconference 

## Finance and Facilities Committee Concord University 

## of the Concord University Board of The Concord Room 201A Marsh Hall 

## Governors Athens, WV 24712 Concord University 10/18/2011 Prepare for the November 8 Concord University Board of Governors' 11/l/2011 2:30:00 PM 11:37:52 AM meeting Teleconference 

## Executive Committee ofthe Concord University 

## Concord University Board of The Concord Room 

## Governors 201A Marsh Hall Athens, VV11 24712 Corridor G Regional Development 10/17/2011 Regular monthly meeting. 10/26/2011 9:00:00 AM Authority 2:16:19 PM Room 227, Building B Southern West Virginia Community and Technical College Mount Gay, West Virginia Courthouse Facilities Improvement 9/6/2011 9th Cycle Grant Applications 10/28/2011 10:00:00 AM Authority 2:56:50 PM Flatwoods, WV



## Advisory Board

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



# - .J -.J 0"1

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

# I Date Filed 

# I Purpose

------ -



## Dental Examiners 1017/2011 Complaint Committees meet with Counsel concerning complaint and 8:47:03 AM disciplinary matters.

Dental Examiners 1017/2011 To conduct business in exeuctive andor general session, check agenda 8:48:30AM for session times. An agenda will be made available at least 3 days prior
to the meeting on the Board's website.

Dental Examiners 1017/2011 To conduct business in executive or general session. Law exams and 8:49:56AM interviews of applicants for licensure will be conducted. Check agenda for session times. An agenda will be made available 3 days prior to the meeting on the Board's website. DHHR, WV I 

## 0118/201 I 

## Second meeting of region one task force to address substance abuse in 6:52:12 PM 

# wv. Governor's Substance Abuse Task Force -Region 1 DHHR,WV 10118/2011 Emergency meeting

- Second meeting of region two task force to 6:54:36 PM address substance abuse in WV. 

## Governor's Task Force on Substance Abuse

- Region 2 DHHR, WV 10118/2011 Emergency meeting

- Second meeting for Region 3 of the Governor's 7:00:29 PM Regional Task Force. Region 3 includes Tyler, Pleasants, Wood, 

## Governor's Task Force on Ritchie, Jackson, Wirt, Roane, Calhoun. 

## Substance Abuse

- Region 3 DHHR,WV 10118/2011 Second meeting of the Governor's Regional Task Force for Region 4. 7:03:56 PM Region 4 includes Monongalia, Preston, Marion, Doddridge, Harrison, 

## Governor's Regional Task Force on Taylor, Barbour, Tucker, Gilmer, Lewis, Upshur, Randolph & 

## Braxton 

## Substance Abuse

- Region 4 DHHR, WV 10/18/2011 Second meeting for Governor's Regional Task Force for Region 5. 7:05:57 PM Region 5 includes Mason, Putnam, Kanawha, Clay, Cabell, Wayne, 

## Governor's Regional Task Force on Mingo, Logan, Lincoln & 

## Boone counties. 

## Substance Abuse

- Region 5 DHHR, WV 10118/2011 Second meeting of Governor's Regional Task Force on Substance 7:08:16 PM Abuse, Region 6. Region 6 includes Webster, Pocahontas, Nicholas, 

## Governor's Regional Task Force on Fayette,Greenbrier, Raleigh, Summers, Monroe, Wyoming, Mercer & 

## Substance Abuse

- Region 6 McDowell counties.

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

## Meeting Date/Location

10/27/2011 3:00:00 PM Wingate I 

## 502 Grand Central A venue Vienna, WV 26105 10/28/2011 8:00:00 AM Wingate 1502 Grand Central Avenue Vienna, WV 26105 10/29/2011 8:00:00 AM Wingate 1502 Grand Central Avenue Vienna, WV 26105 10/26/2011 6:00:00 PM Weirton Regional Medical Center Weirton

10/25/2011 6:00:00 PM The Candlewyck Inn 65 South Mineral Street Keyser 10/24/2011 9:00:00 AM Jackson County DHHR Office 2139 Cedar Lakes Road Ripley 10/27/2011 9:00:00 AM Randolph County DHHR Office 1027 N. Randolph Ave. Elkins 1111/2011 5:00:00 PM Prestera Pinecrest 5600 US Rt. 60 East Huntington 10/27/2011 7:00:00 PM Mercer County Vocational School I

I

i

I

I

!

I



## I**~**



### ......

......

......

## MEETING NOTICES

en Governmental Proceedin s Act §6-9A et se •**·-~ncy** 

## ___ Date Filed Purp.Qse

Early Childhood Advisory Council 10/19/2011 Regular Business ofWV 3:04:44 PM

Executive Committee

Early Childhood Advisory Council 10/19/2011 Regular Business ofWV 3:05:43 PM

Communications Committee

Early Childhood Advisory Council 10/19/2011 Regular Business ofWV 3:06:36 PM

Family Education and Engagement Committee

Eastern West Virginia Community 10/18/2011 Regular Board Meeting Action Agency 1:16:08 PM

Entire Board

Environmental Protection, Dept. of 8/11/2011 SRF Advisory Council Quarterly Progress Meeting 9:14:05 AM Special Reclamation Fund Advisory Council

Family Protection Services Board 10/13/2011 Regular meeting 2:27:39 PM

Fayette County Board of Health 10/17/2011 Regular Meeting of the Fayette County Board of Health 10:04:18 AM

Harrison County Commission 10/12/2011 Oversee Community Corrections Program 9:04:09 AM Community Corrections Advisory Board

*This meeti11g was filed late and does not comply with the Opm Govemmental Proceedi11gs Act 

## Meeting Date/Location

10/26/2011 10:00:00 AM Department of Education and the Arts Conference Room State Capitol Complex Building 5, Room 205 1900 Kanawha Blvd., E Charleston, WV 25305 10/28/2011 10:30:00 AM Department of Education and the Arts Conference Room State Capitol Complex Building 5, Room 205 1900 Kanawha Blvd., E Charleston, WV 25305 1111/2011 10:00:00 AM Department of Education and the Arts Conference Room State Capitol Complex Building 5, Room 205 1900 Kanawha Blvd., E Charleston, WV 25305 11/1/2011 6:15:00 PM HARCO Building Second Floor Conference Room Rt. 55 Moorefield, WV 26836 1112/2011 10:00:00 AM WVDEP 601 57th Street Charleston WV 25304 Room 3001 10/27/2011 10:00:00 AM Division of Justice and Community Services 1204 Kanawha Boulevard, East Charleston 10/27/2011 4:00:00 PM Fayette County Health Center 202 Church Street Fayetteville, WV 25840 10/27/2011 12:01:00 PM Harrison County Commission Board Room, Harrison County Courthouse 301 West Main Street Clarksburg, WV 26301 I

'**~**



### ......

...... 00

## MEETING NOTICES

en Governmental Proceedin s Act §6-9A et se

. A em:y- Date Filed Purpose

Higher Education Policy 10113/2011 Subcommittee on Improvements to the Higher Education Adult PartCommission 2:37:40PM Time Student Grant Program.

Higher Education Student Financial Aid Advisory Board Higher Education Policy 10113/2011 Subcommittee on Community Service for PROMISE Scholars Commission 2:24:35 PM

Higher Education Student Financial Aid Advisory Board Higher Education Policy 10113/2011 To conduct regular business. Commission 2:27:24PM

Higher Education Student Financial Aid Advisory Board Infrastructure 

## & Jobs Development 10/6/2011 The purpose of the Funding Committee meeting wiii be to conduct Council 3:45:49 PM general business and consider other matters as may be brought to the attention of the Funding Committee. Combined Staff Work SessionFunding Committee Meeting Infrastructure 

## & Jobs Development 10/6/2011 Conduct General Council Business Council 3:46:57 PM

COUNCIL MEETING

Insurance Commissioner 10119/2011 Office of Judges Report; 1:37:32 PM Report from Office of Inspector General; Workers' Compensation Industrial Old Business; Council New Business; Executive Session, Self-Insurance Annual Renewals Justice and Community Services, 10/2112010 To address training and certification matters concerning West Virginia Division of 1:31:44PM law enforcement officers

Law Enforcement Training (LET) Subcommittee Lottery 1011112011 Monthly committee meeting 8:57:01 AM Building Committee

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

## Meeting Date/Location

10/26/2011 9:30:00 AM Ninth Floor Conference Room Boulevard Tower 1018 Kanawha Boulevard, East Charleston, WV 25301 11/l/2011 9:30:00 AM Ninth Floor Conference Room Boulevard Tower 1018 Kanawha Boulevard, East Charleston, WV 25301 11/l/2011 1:00:00 PM Ninth Floor Conference Room Boulevard Tower 1018 Kanawha Boulevard, East Charleston, WV 25301 10/28/2011 9:30:00 AM Northgate Business Park Water Development Authority I 80 Association Drive Charleston, WV 25311

1112/2011 9:30:00 AM Northgate Business Park Water Development Authority 180 Association Drive Charleston, WV 25311 10/27/2011 3:00:00 PM Offices of the WV Insurance Commissioner 1124 Smith Street Greenbrooke Building, Room 400 Charleston 10/27/2011 9:00:00 AM Profesional Development Center West Virginia State Police Academy Dunbar, WV

10/3112011 9:00:00 AM Lottery Headquarters 312 MacCorkle Avenue Charleston, WV I

i I i

I

I

I

I**~**



## .....

..... ID

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

# I Date Filed 

# I Purpose

Lottery 10/11/2011 Monthly committee meetings 9:00:07 AM 

## Finance- Audit & 

## Games- RulesSecurity- MarketinR Committees Lottery 10/11/2011 Monthly business meetng 9:01:39 AM 

## Commission meeting

Marion County Health Department 1011812011 Regular meeting 2:26:17 PM 

## Committee

Massage Therapy Licensure Board, 1017/2011 To conduct regular board business and review complaints. 

# wv 10:05:43 AM

Monongalia County Solid Waste 10/18/2011 Regular Monthly Board Meeting Authority 12:48:33 PM

North Central Regional EMS Inc 9/6/2011 Annual meeting of the Board of Directors 1:31:24 PM 

## Board of Directors

Pierpont Community & 

## Technical 6/22/2011 To conduct regular business of the Finance Committee. College 1:17:31 PM



## Finance Committee Public Defender Corp-6th and 24th 10/18/2011 Review results of 2011 audit, FY 2012 budget update, Proposed new Circuits 9:27:00AM employee evaluation forms.



## Board of Directors Public Defender Corporation (18th) 10/11/2011 Quarterly Board of Director's Meeting 7:58:29 AM

Public Works WV Board of 10/5/2011 Pursuant to WV Code 11-6-11 the primary purpose of this meeting is to 3:10:41 PM conduct a public hearing to provide an opportunity for public utility companies to comment concerning the notices of tentative assessed values for tax year 2012. The Board will also consider property transfers and other business. A detailed agenda will be available in the Secretary of State's office prior to the meeting.
*This meeting was filed late and does not comply with the Open Govemmental Proceedings Act 

# I Meeting**Date/Loc_l!~iQ!!__**



## 10/3112011 10:00:00 AM Lottery headquarters 312 MacCorkle Avenue Charleston, WV 10/3112011 11:00:00 AM Lottery Headquarters 312 MacCorkle Avenue Charleston, WV 10/26/2011 12:00:00 PM Fairmont Waste Water Treatment Plant Washington Street Extension Fairmont, WV 26554 I 0/30/2011 10:00:00 AM Peoples Building 179 Summers Street Conference Room 509 Charleston, WV 25301 10/3112011 3:00:00 PM WVU Extension Office Wes-Mon Plaza Morgantown WV 1111/2011 12:00:00 PM Valley VFD 1707 Pleasant Valley Road Fairmont, WV 26554 111112011 11:30:00 AM Falcon Center Conference Room 3

1111/2011 12:00:00 PM Marshall University Hall of Fame Cafe Huntington, WV

10/26/2011 8:00:00 AM 202 Tunnelton Street, Suite 303 Kingwood, WV 26537 1112/2011 10:00:00 AM Governor's Cabinet and Conference Room Building 1, Suite 10 State Capitol Complex Charleston, WV

I I**~**



### ...... 00 0

## MEETING NOTICES Open Governmental Proceedings Act §6-9A et seq. A2encv Date Filed Purpose

Real Estate Appraiser Board 8116/2011 To discuss complaints & disciplinary actions and make 10:05:54 AM recommendations to the Board Standards Committee Registered Professional Nurses, 10/13/2011 Emergency meeting to make final determinations on information West Virginia Board of Examiners 10:39:03 AM provided on October 20, 2011 at 10:45am for

Disciplinary Review Committee Registered Professional Nurses, *10113/2011 To review disciplinary cases and related issues. Closed to the Public. WV Board of Examiners 9:45:56AM

Disciplinary Review Committee Ron Yost Personal Assistance 9/20/2011 Monthly Board Meeting Services Program 2:35:50 PM

State Rail Authority 10/12/2011 Regular Board of Directors Meeting 9:14:16 AM Board of Directors Webster County Memorial 3/28/2011 General Business Meeting Hospital, Inc. 8:54:28 AM

Board of Trustees West Virginia Northern 10118/2011 Monthly Board Meeting. Agenda is as follows: Call to Order; Roll Community College 12:02:09 PM Call; Approval of Minutes of September 22, 2011; Auditor's Report; Board Chair Report: Hearings & Petitions; President's Report; Administrative Staff Reports: ECS Renovation Estimate, Census Numbers, Title III Report; Old Business; New Business; Executive Session: ECS Building West Virginia State University I 0/5/2011 To discuss and consider various University matters. Board of Governors 2:32:23 PM

Executive Committee West Virginia State University 10/12/2011 To review final RFP for Presidential Search Consultant and consider Board of Governors 3:07:31 PM personnel matters; possible executive session on personnel matters; and, possible action item(s) on personnel matters. Special Committee on Personnel Matters and Policy

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

## Meeting Date/Location

11/1/2011 9:00:00 AM 2110 Kanawha Blvd., East Charleston, WV 25301 10/21/2011 8:30:00 AM Board Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311

10/20/2011 2:45:00 PM Board Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311 1111/2011 1:30:00 PM WV Statewide Independent Living Council 5010 C Fairlawn Ave. Institute, WV 11/1/2011 10:30:00 AM Railyard Restaurant Elkins, WV 1111/2011 5:30:00 PM Webster County Memorial Hospital 2nd Floor conference room

10/27/2011 5:00:00 PM West Virginia Northern Community College B&O Board Room (Room 126A) Wheeling Campus

10/27/2011 9:00:00 AM 113 Ferrell Hall 

# wvsu Institute 10/21/2011 2:00:00 PM 113 Ferrell Hall West Virginia State University Institute**~** -...1 00**~**

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

# I Date Filed 

# I _Purpose

West Virginia University Hospitals 9/12/2011 For discussion of business matters pertaining to West Virginia Inc 1:34:03 PM University Hospitals.



## Board of Directors West Virginia University Hospitals 9/12/2011 For discussion of financial matters pertaining to West Virginia Inc 1:35:20 PM University Hospitals.



## Finance & 

## PlannillR Committee West Virginia University Hospitals 9/12/2011 For discussion of quality matters pertaining to West Virginia University Inc 1:36:23 PM Hospitals.



## Quality & 

## Patient Safety Committee Women's Commission 10/3/2011 Discuss 2012 Legislative Agenda 10:58:51 PM 

## Public Policy Committee WorkForce West Virginia 5/16/2011 Mandatory monthly ICT meeting. Rehabilitation Facility closure. 11:44:11 AM 

## Interagency Collaborative Team (ICT) WorkForce West Virginia 12/2/2010 Regular monthly meeting. 11:34:32 AM 

## Interagency Collaborative Team WV Massage Therapy Licensure 917/2011 Regular scheduled board meeting to conduct business and review Board 3:55:18 PM complaints, etc.

WVU Parkersburg 10/14/2011 Regular meeting of the WVU Parkersburg Board of Governors. 8:55:21 AM Agenda items include: audit report, building acquisition, salary policy, 

## Board of Governors fiscal update and accrediation updates. A complete agenda will be posted online at www.wvup.edu/board_of_governors prior to the meeting. WVU Parkersburg 10/14/2011 The WVU Parkersburg Board of Governors Executive Committee will 9:19:25 AM meet to review college transitions (contracts, legislative support, 

## Board of Governors Executive process) 

## Committee WVU Parkersburg 10/14/2011 The WVU Parkersburg Board of Governors Audit Committee will meet 9:21:26AM to review the audit report. 

## Board of Governors Audit Committee

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

## Meeting Date/Location

10/21/2011 12:30:00 PM J.W. Ruby Boardroom 2nd floor of Ruby Memorial Hospital Morgantown, WV 10/2l/2011 9:00:00 AM J.W. Ruby Boardroom 2nd floor of Ruby Memorial Hospital Morgantown, WV l0/2l/2011 9:00:00 AM Administrative Conference Room, 2nd floor of Ruby Memorial Hospital, Morgantown, WV

ll/l/2011 5:00:00 PM TBA

10/27/2011 9:00:00 AM MEETING LOCATION CHANGE PLAZA EAST EXECUTIVE CONFERENCE ROOM. l0/27/20ll 9:00:00 AM West Virginia Rehabilitation Center Institute, West Virginia 10/30/2011 10:00:00 AM Peoples Building 179 Summers Street Conference Room 509 Charleston, WV 25301 ll/2/2011 5:15:00 PM 300 Campus Drive Parkersburg, WV 26104

ll/2/2011 8:00:00 AM 300 Campus Drive Parkersburg, WV

11/2/2011 3:30:00 PM 300 Campus Drive Parkersburg, WV**~** ""-1 00



### ......

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### Office of the Secretary of State Building I, Suite 157-K 

# Natalie E. Tennant

1900 Kanawha Blvd., East Charleston, West Virginia 25305 

### 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 1784

## TITLE NUMBER

TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE 

### 3 7 

### 10 11 13 

### 14 

### 15 16 

### 17 20 24 25 

### 26 27 29 

### 33 

### 35 36 38 

### 42 45 

### 47 

### 48 

### 56 58 

### 60 61 63 

### 64 

### 65 69 76 

### 78 81 

### 82 85 

### 86 

### 87 90 91 94 

### 96 

### 110 112 113 

### 114 

### 126 127 133 

### 135 143 

### 144 

### 146 148 149 

### 150 

### 153 157 

### 158 162 

### 172 175 176 

### 177 

### 178 179 

### 184 

### 190 191 199 

### 204 205 

### 207 210 

## 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 1785

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION 

### LEGIS FINAL FILE EFFECTIVE
Accountancy Board Rules and Rules of 6/2212011 7/2212011 6/2212011 7/28/20011 Approved (1-1) Professional Conduct Effective 9/14/2011 $8.00 8/3/2011 Legislative Amendment 7/28/2011 Effective 9/8/2011

Administration Certification for Small, Women and 5/31/2011 7/1/2011 7/15/2011 Modified & (148-22) Minority-Owned Business Approved $4.40 9/14/2011 Legislative Filed 9/19/2011
Agriculture Labeling of Imported Honey, Honey 6/27/2011 7/27/2011 7/29/2011 Modified & (61-2A) Products or Honey Bee By- Approved Products, Adulterated Honey, 10/1212011 Honey Products or Honey Bee By- Filed Products Rule 10/19/2011 $3.00 Legislative
Agriculture Nutrient Management Certification 6/10/2011 7/13/2011 7/29/2011 Modified & (61-6D) $3.00 Approved Legislative 10/1212011 Filed 10/19/2011

Agriculture Inspection of Meat and Poultry 6/212011 7/15/2011 7/27/2011 Approved (61-16) $4.60 10/1212011 Legislative

Air Quality Ambient Air Quality Standards 6/9/2010 7/1212010 7/28/2010 Approved SB 114 6/16/2011 6/16/2011 (45-8) $2.60 1/9/2011 HB 2580 Legislative Bundled SB 121

Air Quality Ambient Air Quality Standards 6/8/2011 7/11/2011 7/29/2011 (45-8) $17.70 Legislative

Air Quality Permits for Construction and Major 6/9/2010 7/1212010 7/28/2010 Modified & SB289 6/16/2011 6/16/2011 (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 7/29/2011 (45-14) Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality $15.20 Legislative



# - -...1 00 0'1

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION 

### LEGIS FINAL FILE EFFECTIVE



### Air Quality Standards of Performance for New 6/9/2010 7/12/2010 7/28/2010 Approved SB 115 6/16/2011 6/16/2011 (45-16) Stationary Sources 1/9/2011 HB 2576 $2.80 Bundled Legislative SB 121

Air Quality Standards of Performance for New 6/8/2011 7/11/2011 7/29/2011 (45-16) Stationary Sources $22.90 Legislative

Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 7/28/2010 Modified 

### & SB290 6/16/2011 6/16/2011 (45-18) Combustion of Solid Waste Approved HB 2900 $9.00 1/9/2011 Bundled Legislative Filed SB 121 1/11/2011

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 7/29/2011 (45-18) Combustion of Solid Waste $23.10 Legislative

Air Quality Permits for Construction and Major 6/9/2010 7/12/2010 7/28/2010 Approved SB 117 6/16/2011 6/16/2011 (45-19) Modification of Major Stationary 1/9/2011 HB 2577 Sources of Air Pollution Which Bundled Cause or Contribute to SB 121 Nonattainment $11.20 Legislative

Air Quality Permits for Construction and Major 6/8/2011 7/11/2011 7/29/2011 (45-19) Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas $14.20 Legislative

Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 7/28/2010 Approved SB 118 6/16/2011 6/16/2011 (45-25) Hazardous Waste Treatment, 1/9/2011 HB 2578 Storage and Disposal Facilities Bundled $6.40 SB 121 Legislative

Air Quality Control of Air Pollution from 6/8/2011 7/11/2011 7/29/2011 (45-25) Hazardous Waste Treatment, Storage and Disposal Facilities $12.40 Legislative

Air Quality Requirements for Operating Permits 1/11/2011 2/14/2011 12/21/2010 3/16/2011 (45-30) $12.80 6/8/2011 7/11/2011 Effective Legislative 2/1/2011

Air Quality Emission Standards for Hazardous 6/9/2010 7/12/2010 7/28/2010 Approved SB 119 6/16/2011 6/16/2011 (45-34) Air Pollutants 1/9/2011 HB 2579 $2.80 Bundled Legislative SB 121



# -

..... 00



## .....

### AGENCY/SERIES NO RULE

Air Quality Emission Standards for Hazardous 

### (45-34) Air Pollutants 

### $41.60 Le islative

Air Quality Determining Conformity of General 

### (45-35) Federal Actions to Applicable Implementation Plans 

### $11.80 Le islative

Air Quality Repeal of- Greenhouse Gas 

### (45-42) Emissions Inventory Program 

### $8.60 Le islative

Alcohol Beverage Licensed Retailer Operations Control Comm. 

### $7.80 (175-1) Le9islative

Alcohol Beverage Licensing of Retail Outlets Control Comm. 

### $10.20 (175-5) Le9islative

Athletic Commission Administrative Rules of the WV 

### (177-2) State Athletic Comm. Regulating Mixed Martial Arts 

### $16.70 Le islative

Auditor's Office Standards for Requisitions for 

### (155-1) Payment Issued by State Officers

on the Auditor 

### $4.8 0 Le islative

Auditor's Office Transaction Fee and Rate Structure 

### (155-4) $4.20 Le islative
Banking Rule Pertaining to Residential 

### (106-5) Mortgage Lenders, Brokers and Loan Originators 

### $6.80 Le islative

Barbers & Procedures, Criteria and Curricula Cosmetologists for Examination and Licensure of 

### (3-1) Barbers, Cosmetologists, Manicurists and Aestheticians 

### $12.50 Legislative RULE MONITOR

NOTICE HEARING EMER RULE



### 6/8/2011 7/11/2011

6/8/2011 7/11/2011

6/8/2011 7/11/2011

6/2/2011 7/5/2011

6/2/2011 7/5/2011

6/17/2011 7/18/2011 9/21/2011 ERD by 

### 11/2/2011

6/27/2011 7/27/2011

6/23/2011 7/23/2011

5/27/2011 7/1/2011

6/13/2011 7/18/2011 SEC/STATE



### 7/29/2011

7/29/2011

7/29/2011

7/13/2011

7/13/2011

7/28/2011

7/29/2011

7/29/2011

7/21/2011

7/29/2011 LRMRC-ACTION 

### LEGIS

Approved 

### 9/14/2011

Approved 

### 9/14/2011

Approved 

### 9/14/2011 FINAL FILE EFFECTIVE



# - ...1 00 00

### AGENCY/SERIES NO RULE

Barbers & 

### Rules and Regulations for Licensing Cosmetologists Schools of Barbering and Beauty (3-3) Culture $3.20 Legislative

Barbers & 

### Shampoo Assistants Cosmetologists $5.00 (3-8) Le9islative

Coal Mine Health and Hoisting Machinery; Telephones; Safety Safety Devices; Hoisting Engineers (36-47) and Drum Runners Le9isaltive Exemet Community & 

### Workforce Development Initiative Technical College Ed. Program (135-27) $4.80 Le islative Community & 

### Tuition and Fees Technical College Ed. $4.00 (135-32) Procedural

Consolidated Public Public Employees Retirement Retirement Board System (162-5) $4.00 Legislative

Consolidated Public Refund, Reinstatement, Retroactive Retirement Board Service, Loan and Employer Error (162-7) Interest Factors $5.00 Le islative

Consolidated Public West Virginia State Police Retirement Board $5.60 (162-9) Legislative

Corrections Fees for Electronic Monitoring of (90-8) Offenders $3.60 Legislative

Courthouse Facilities Courthouse Facilities Improvement Improvement Auth. Authority (203-1) $4.60 Le islative

Courthouse Facilities Open Governmental Proceedings Improvement Auth. $2.80 (203-2) Procedural RULE MONITOR

NOTICE HEARING EMER RULE

6/13/2011 7/18/211

6/13/2011 7/18/2011

10/5/2011 11/6/2011

4/22/2011 5/23/2011 4/22/2011 Effective 4/22/2011

8/24/2011 9/26/2011

6/3/2011 7/5/2011 5/12/2011 Effective 6/23/2011

6/3/2011 7/5/2011

6/3/2011 7/5/2011 5/12/2011 Effective 6/23/2011

4/11/2011 5/16/2011

7/26/2011 8/31/2011

7/26/2011 8/31/2011 SEC/STATE LRMRC·ACTION

7/29/2011 Modified & 

### Approved 9/14/2011 Filed 9/20/2011

7/29/2011 Approved 9/14/2011

6/15/2011 Approved 10/11/2011

7/27/2011 Modified & 

### Approved 9/14/2011 Filed 9/23/2011

7/27/2011 Approved 9/14/2011

7/27/2011 Approved 9/14/2011

5/23/2011 Modified & 

### Approved 7/13/2011 Filed 7/20/2011

9/1/2011 

### LEGIS FINAL FILE

9/1/2011 EFFECTIVE

10/3/2011**~** '-J 00 

# "'

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION 

### LEGIS FINAL FILE EFFECTIVE
Crime, Delinquency Law Enforcement Training 6/2/2011 7/6/2011 6/2/2011 7/28/2011 and Correction Standards Approved (149-2) $12.80 7/6/2011 Le islative
Crime, Delinquency Motor Vehicle Search Standards 6/3/2011 7/6/2011 7/28/2011 and Correction $5.00 (149-6) Le9islative

Deaf and Hard of Fees for Qualified Interpreters 6/30/2011 7/29/2011 7/29/2011 Hearing $5.80 (192-1) Le9islative

Deaf and Hard of Establishment of Required 6/30/2011 7/29/2011 7/29/2011 Hearing Qualifications and Ethical Standards (192-3) for Interpreters and Transliterators $5.20 Le islative

Dental Examiners Fees Established by the Board 6/24/2011 7/26/2011 7/29/2011 Modified & 

### (5-3) $11.80 Approved Legislative 10/11/2011
Development Office Neighborhood Investment Program 8/3/2011 9/3/2011 (145-7) Act $6.20 Procedural
Development Office Brownfield Economic Development 6/1/2011 7/1/2011 7/5/2011 (145-11) Districts $6.40 Le islative
Development Office Use of Coal bed Methane Severance 6/13/2011 7/13/2011 6/13/2011 7/14/2011 (145-13) Tax Proceeds Approved $4.00 7/6/2011 Le islative

Education Local School Improvement 9/9/2011 10/11/2011 (126-11A) Councils: Engaging Parents, Families, Students, Business and Community in Education (2200) $4.80 Le9islative**Exem~t** 

### Education 7/15/2011 8/15/2011 9/9/2011 10/11/2011 (126-14)

Education Next Generation Content Standards 5/12/2011 6/13/2011 7/15/2011 8/15/2011 (126-4488) and Objectives for Mathematics in WV Schools (2520.28) $28.50 Le islative Exem t**~** -...1 <0 0

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION 

### LEGIS FINAL FILE EFFECTIVE



### Education Next Generation Health Education 10/7/2011 11/7/2011 (126-44E) 5-12 Content Standards and Objectives for WV Schools(2520.5) $14.40 Le islative Exem t

Education Next Generation Driver Education 5/12/2011 6/13/2011 8/11/2011 9/12/2011 (126-44H) Content Standards and Objectives for WV Schools (2520.8) $6.20 Le islative Exem t

Education Education Innovation Zones (3236) 7/15/2011 8/15/2011 9/9/2011 10/11/2011 (126-75) $4.20 Le9islative Exemet

Education Expected Behavior in Safe and 9/9/2011 11/8/2011 (126-99) Supportive Schools (4373) $15.00 Le9islative Exemet

Education Approval of Educational Personnel 7/15/2011 8/15/2011 9/9/2011 10/11/2011 (126-114) Preparation Programs (51 00) $17.70 Le islative Exem t

Education Athletic Trainers in the Public 8/11/2011 9/12/2011 10/7/2011 11/7/2011 (126-118) Schools of WV (5112) $11.20 Procedural

Education Minimum Requirements for the 7/15/2011 8/15/2011 9/9/2011 10/11/2011 (126-136) Licensure of Professional 

### I Paraprofessional Personnel and Advanced Salary Classifications (5202) $24.40 Le9islative Exemet

Environmental Voluntary Remediation and 6/10/2011 7/12/2011 7/29/2011 Protection Secretary's Redevelopment Rule Office $18.60 (60-3l Le9islative

Foresters Certification of Registered Foresters 6/30/2011 7/29/2011 8/3/2011 (200-1) $4.40 Le islative

Foresters Schedule of Fees 6/30/2011 7/29/2011 8/3/2011 (200-4) $3.40 Le islative

Foresters Code of Ethics 6/30/2011 7/29/2011 8/3/2011 (200-5) $3.80 Le islative**~** '"-I <0

### AGENCY/SERIES NO RULE
Forestry 

### (22-2)

Forestry 

### (22-3)

Funeral Service Examiners 

### (6-2)

Gov. Office of Health Enhancement 

### & Lifestyle Planning 

### (210-1)

Health 

### (64-3)

Health 

### (64-4)

Health 

### (64-5)

Health 

### (64-32)

Health 

### (64-40)

Health 

### (64-64)

Health 

### (64-77)

Health 

### (64-898) Sediment Control During Commercial Timber-Harvesting Operations-Licensing 

### $4.40 Legislative

Sediment Control During Commercial Timber-Harvesting Operations-Logger Certification 

### $4.20 Legislative Crematory Requirements 

### $10.40 Legislative
Prescription Drug Advertising Expense Reporting 

### $5.20 Legislative

Public Water Systems 

### $5.20 Le islative

Public Water Systems Operators Regulations 

### $9.60 Le islative

Wastewater Systems and Operators 

### $8.20 Le islative

Vital Statistics 

### $7.40 Le islative

Manufactured Home Communities 

### $6.60 Le islative

Aids-Related Medical Testing and Confidentiality 

### $9.80 Le islative

Public Water Systems Design Standards 

### $16.50 Le islative Credentialing Verification Organization 

### $5.20 Le islative RULE MONITOR

NOTICE HEARING EMER RULE



### 5/27/2011 6/28/2011

5/27/2011 6/28/2011

6/15/2011 7/20/2011

6/3/2011 7/5/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/17/2011 7/18/2011

6/8/2011 7/8/2011 SEC/STATE



### 7/20/2011

7/20/2011

7/21/2011

7/20/2011

7/29/2011

7/29/2011

7/29/2011

7/29/2011

7/29/2011

7/29/2011

7/29/2011

7/28/2011 LRMRC-ACTION 

### LEGIS
Approved 

### 9/14/2011

Approved 

### 9/14/2011

Approved 

### 10/11/2011 FINAL FILE EFFECTIVE

---**~**



## ..... 

# "' N

### AGENCY/SERIES NO RULE



### Health Safety and Treatment Program 

### (64-98) $5.40 Legislative

Health Insurance Plan Premium Subsidy 

### (113-1) $4.00 Legislative
Higher Education Tuition and Fee Policy Policy Comm. 

### $7.00 !133-32) Leeislative
Highways Construction and Reconstruction of 

### (157-3) State Roads 

### $17.80 Le islative
Highways Transportation of Hazardous 

### (157-7) Wastes Upon the Roads and Highways 

### $4.80 Le islative

Human Rights Comm. Housing Discrimination Against 

### (77-9) Persons with Disabilities Who Utilize Assistance Animals 

### $4.20 Le islative

Human Services Child Care Centers Licensing 

### (78-1) $23.80 Le islative

Human Services Family Child Care Facility Licensing 

### (78-18) Requirements 

### $11.60 Le islative

Human Services Family Child Care Home 

### (78-19) Registration Requirements 

### $11.20 Le islative

Human Services Child Care Quality Rating and 

### (78-22) Improvement System 

### $5.20 Le islative

Insurance Commission Licensing and Conduct of Insurance 

### (114-2) Producers and Agencies 

### $5.80 Legislative RULE MONITOR

NOTICE HEARING EMER RULE



### 6/30/2011 7/29/2011 6/30/2011 Effective 

### 8/11/2011

6/8/2011 7/8/2011 6/9/2011 Approved 

### 6/30/2011

8/9/2011 9/8/2011 9/13/2011 10/13/2011

5/27/2011 6/27/2011

5/27/2011 6/27/2011

6/29/2011 7/29/2011

6/21/2011 7/22/2011

6/24/2011 7/27/2011

6/24/2011 7/25/2011

6/24/2011 7/27/2011

6/8/2011 7/8/2011 SEC/STATE



### 7/29/2011

7/28/2011

7/21/2011

7/8/2011

7/29/2011

7/27/2011

7/29/2011

7/29/2011

7/29/2011

7/28/2011 LRMRC-ACTION



### Approved 

### 10/11/2011

Approved 

### 10/11/2011 LEGIS FINAL FILE EFFECTIVE

-..1 «> 

### w

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION 

### LEGIS FINAL FILE EFFECTIVE



### Insurance Commission Surplus Lines Insurance 6/8/2011 7/8/2011 6/9/2011 7/28/2011 Approved (114-20) $11.20 Approved 10/11/2011 Legislative 6/30/2011 Amendment 8/3/2011 ERDby 9/14/2011

Insurance Commission Insurance Holding Company 6/8/2011 7/8/2011 7/28/2011 Modified & 

### (114-35) Systems Approved $12.00 10/12/2011 Le islative

Insurance Commission Continuing Education for Individual 6/8/2011 7/8/2011 7/28/2011 Modified & 

### (114-42) Insurance Producers Approved $6.00 10/11/2011 Le islative

Insurance Commission Mini COBRA 6/8/2011 7/8/2011 7/28/2011 Approved (114-93) $5.80 10/11/2011 Legislative

Insurance Commission Workers' Compensation Insurance 6/24/2011 7/25/2011 6/24/2011 7/28/2011 Approved (114-94) for State Agencies Approved 10/11/2011 $4.40 7/15/2011 Legislative

Labor Zipline and Canopy Tour 6/8/2011 7/8/2011 6/8/2011 7/28/2011 Modified & 

### (42-10) Responsibility Act Approved Approved $5.40 6/23/2011 10/12/2011 Legislative

Labor Amusement Rides and Amusement 6/27/2011 7/27/2011 7/28/2011 Modified & 

### (42-17) Attractions Safety Act Approved $7.20 10/12/2011 Legislative

Labor Supervision of Elevator Mechanics 6/27/2011 7/27/2011 7/28/2011 Modified & 

### (42-21A) and Apprentices Approved $6.00 10/12/2011 Legislative
Massage Therapy General Provisions 6/17/2011 7/18/2011 6/17/2011 7/29/2011 Approved Licensure Bd. $9.60 Approved 9/14/2011 (194-1) Legislative 7/22/2011
Massage Therapy Schedule of Fees 6/17/2011 7/18/2011 6/17/2011 7/29/2011 Licensure Bd. $8.40 Approved (194-4) Legislative 7/22/2011

Medicine Formation and Approval of 5/18/2011 6/24/2011 7/12/2011 Approved (11-7) Professional Limited Liability 9/14/2011 Companies $4.60 Legislative



# -

..... 

# "' .1:>

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION 

### LEGIS FINAL FILE EFFECTIVE

Miners' Health, Safety Rules & Regulations Governing the 6/28/2011 7/28/2011 7/29/2011 and Training Application Process for the WV (56-14) Innovative Mine Safety Technology Tax Credit Act $3.80 Legislative

Motor Vehicles Compulsory Motor Vehicle Liability 6/14/2011 7/19/2011 7/29/2011 Modified & (91-13) Insurance Approved $8.60 10/12/2011 Legislative

Natural Resources Special Boating Rules 6/10/2011 7/11/2011 7/25/2011 Modified & (58-26) $3.40 Approved Legislative 9/14/2011 Filed 9/22/2011

Natural Resources Special Motorboating Regulations 6/8/2011 7/8/2011 5/25/2011 7/26/2011 Modified & (58-27) $2.60 Effective Approved Legislative 7/6/2011 9/14/2011 Filed 9/22/2011

Natural Resources Hunting and Trapping Rules 9/1/2011 (58-45) $4.40 Legislative

Natural Resources Hunting, Trapping and Fishing 6/10/2011 7/11/2011 7/26/2011 Approved (58-45A) Provisions 9/14/2011 $3.60 Legislative

Natural Resources Terms Defining the Terms to be 6/10/2011 7/11/2011 7/25/2011 Modified & (58-46) Used Concerning All Hunting and Approved Trapping Rules 9/14/2011 $2.60 Filed Legislative 9/22/2011

Natural Resources Prohibitions When Hunting and 6/10/2011 7/11/2011 7/25/2011 Modified & (58-47) Trapping Approved $2.80 9/14/2011 Legislative Filed 9/22/2011

Natural Resources General Trapping Rule 6/10/2011 7/11/2011 7/25/2011 Modified & (58-53) $2.60 Approved Legislative 9/14/2011 Filed 9/22/2011

Natural Resources Migratory Bird Hunting Rule 9/1/2011 (58-55) $3.40 Legislative



# - "'-J 1.0 U1

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE

Natural Resources Waterfowl Hunting Rule (58-57) $3.80 Legislative

Natural Resources Special Waterfowl Hunting Areas (58-59) $3.40 Legislative

Natural Resources Special Fishing Rule 6/10/2011 7/11/2011 (58-61) $3.20 Legislative

Nursing Home Nursing Home Administrators 2/14/2011 3/16/2011 Administrators $5.00 Licensing Bd. Legislative (21-1)

Occupational Therapy Fees for Services Rendered by the 5/17/2011 6/30/2011 (13-3) Board $4.00 Legislative

Oil and Gas Rules Governing Horizontal Well 9/8/2011 10/11/2011 8/22/2011 (35-8) Development Approved $4.60 B/29/2011 Legislative
Optometry Rules of the WV Bd. of Optometry 6/25/2010 7/26/2010 (14-1) $3.00 Legislative

Optometry Expanded Prescriptive Authority 6/25/2010 7/26/2010 (14-2) $2.80 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) $2.40 Legislative 

### SEC/STATE LRMRC-ACTION

7/25/2011 Modified & Approved 9/14/2011 Filed 9/22/2011

3/28/2011 Modified & Approved 10/11/2011 Filed 10/18/2011

7/14/2011 Approved 9/14/2011

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 

### LEGIS

SB 157 HB 2630 Bundled HB 2639

SB 296 HB 2906 Bundled HB 2639

SB 159 HB 2632 Bundled HB 2639

SB 160 HB 2633 Bundled HB 2639 

### FINAL FILE

B/12/2011

8/12/2011

B/12/2011

8/12/2011 

### EFFECTIVE

9/1/2011

9/1/2011

8/15/2011

8/19/2011

8/15/2011

8/15/2011

--..1 1.0 0'1

### AGENCY/SERIES NO RULE NOTICE HEARING
Optometry Licensure by Endorsement 6/25/2010 7/26/2010 (14-8) $2.60 Legislative

Optometry Contact Lenses that Contain and 6/25/2010 7/26/2010 (14-9) Deliver Pharmaceutical Agents Certificate $2.40 Legislative
Optometry Continuing Education 6/25/2010 7/26/2010 (14-10) $2.80 Legislative

Optometry Injectable Pharmaceutical Agents 6/24/2010 7/23/2010 (14-11) Certificate $3.00 Legislative

Osteopathy Licensing Procedures for 6/1/2011 7/1/2011 (24-1) Osteopathic Physicians $14.40 Legislative

Personnel Administrative Rule of the WV Div. 5/20/2011 6/30/2011 (143-1) of Personnel $19.40 Le islative

Personnel Workers' Compensation Temporary 5/20/2011 6/30/2011 (143-3) Total Disability $5.80 Le islative
Pharmacy Licensure and the Practice of 6/17/2010 7/18/2010 (15-1) Pharmacy $12.60 Legislative

Pharmacy Rules of the Bd. of Pharmacy for the 6/23/2011 7/25/2011 (15-2) Uniform Controlled Substances Act $9.40 Legislative 

### RULE MONITOR

EMER RULE SEC/STATE LRMRC-ACTION

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

7/30/2010 Modified with certain amendments and approved 12/14/2010 Filed 12/23/2010

7/28/2011 Approved 9/14/2011

7/22/2011

7/22/2011

7/29/2010 Approved 11/16/2010

7/29/2011 Approved 10/12/2011 

### LEGIS

SB 161 HB 2634 Bundled HB 2639

SB 162 HB 2635 Bundled HB 2639

SB 158 HB 2631 Bundled HB 2639

SB297 HB 2907 Bundled HB 2639

SB 165 HB 2597 Bundled HB 2639 

### FINAL FILE

8/12/2011

8/12/2011

8/12/2011

8/12/2011

6/29/2011 

### EFFECTIVE

8/15/2011

8/15/2011

8/15/2011

11/1/2011

7/1/2011**~**



## ..... <.D



## .....

### AGENCY/SERIES NO RULE NOTICE
Pharmacy Bd. of Pharmacy Rules for the 6/23/2011 (15-3) Continuing Education for Licensure of Pharmacists $5.60 Le islative
Pharmacy Licensure of Wholesale Drug 6/23/2011 (15-5) Distributors $5.80 Le islative
Pharmacy Controlled Substances Monitoring 6/17/2010 (15-8) $3.40 Legislative

Pharmacy Bd. of Pharmacy Rules Regarding 9/14/2011 (15-12) Immunizations Administered by Pharmacists $4.40 Le islative

Professional Examination and Licensing of 5/17/2011 Surveyors Professional Surveyors in WV (23-1) $5.60 Le islative

Public Service Rules and Regulations for the 3/22/2011 Commission Government of Electric Utilities (150-3) $12.30 Legislative ExemBt

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 Motor Carriers, 7/28/2011 Commission Private Commercial Carriers, and (150-9) the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers $15.50 Le9islative ExemBt

Public Service Rules Governing Innovative, 2/9/2011 Commission Alternative Sewer Systems (150-35) $5.60 Legislative Exempt RULE MONITOR

HEARING EMER RULE SEC/STATE

7/25/2011 7/29/2011

7/25/2011 7/29/2011

7/18/2010 7/29/2010

10/20/2011

6/21/2011 7/12/2011

4/21/2011

Hearing 6/2/2011 Written Comments 4/29/2011 Hearing 7/18/2011



# -- 8/29/2011

3/15/2011 LRMRC-ACTION 

### LEGIS
Approved 10/12/2011

Approved 10/12/2011

Approved SB 166 11/16/2010 HB 2598 Bundled HB 2639 FINAL FILE

6/29/2011

7/28/2011 EFFECTIVE

7/1/2011

8/28/2011**~** -..1 \0 co

### RULE MONITOR

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION 

### LEGIS FINAL FILE EFFECTIVE


### Racing Commission Simulcast Pari-Mutuel Wagering at 7/15/2011 8/15/2011 7/14/2011 9/13/2011 (178-7) Authorized Gaming Facility in Approved Historic Resort Hotel 7/22/2011 $5.20 Le islative

Real Estate Appraiser Investigative and Hearing 5/25/2011 6/27/2011 Lie. & 

### Cert. Bd. Procedures (190-4) $4.20 Procedural
Sanitarians, Bd. Of Interim Fee Schedule 6/17/2010 7/19/2010 5/18/2010 7/29/2010 Approved SB 171 6/28/2011 6/28/2011 Reg. for $2.40 Effective 11/16/2010 HB 2600 (20-3) Legislative 6/29/2010 Bundled HB 2639
Sanitarians, Bd. of Rules Governing the Practice of 6/23/2010 7/23/2010 7/29/2010 Approved SB 172 6/28/2011 6/28/2011 Ref. for Public Health Sanitation 11/16/2010 HB 2601 (20-4) $3.40 Bundled Legislative HB 2639

School Building School Building Authority Policy & 

### 7/6/2011 8/8/2011 Authority Procedures Handbook (164-1) $43.70 Procedural Secondary Schools Athletics, Provisions Governing 5/12/2011 6/13/2011 7/15/2011 9/13/2011 Activities Comm. Eligibility (127-2) $10.40 Le islative

Provisions Governing Contests 5/12/2011 6/13/2011 7/15/2011 9/13/2011 $13.00 Le islative Secondary Schools Provisions Governing Conduct 5/12/2011 6/13/2011 7/15/2011 9/13/2011 Activities Comm. $5.60 (127-4)**Le~islative** 

### Secretary of DHHR; All-Payer Claims Database- Data 6/14/2011 7/14/2011 7/28/2011 Modified & 

### Insurance Comm.; and Submission Requirements Approved Chair of the Health $6.20 10/11/2011 Care Authority Legislative 114A-1 Secretary of DHHR; All-Payer Claims Database 6/8/2011 7/8/2011 7/28/2011 Approved Insurance Comm.; and Program's Privacy and Security 10/11/2011 Chair of the Health Rule Care Authority $4.60 (114A-2)**Le~islative** 

### Secretary of State Vote-by-Mail Pilot Project Phase 2: 6/30/2011 7/29/2011 7/29/2011 (153-39) Voting by Mail $5.60 Le islative**~**



## ..... <0 <0

### AGENCY/SERIES NO RULE


### Secretary of State Rules for General Management and (153-42) Preservation of State Records $6.40 Le islative

State Police WV State Police Career (81-3) Progression System $8.20 Le islative

State Police Modified Vehicle Inspection Manual (81-4) $12.20 Le islative

State Police Organizational Structure (81-13) $3.20 Inter relive

Tax Department Payment of Taxes by Electronic (110-10F) Funds Transfer $5.60 Legislative

Tax Department Commercial Patent Incentives Tax (11 0-130) Credit $5.60 Le islative

Tax Department Per se Exemption for Purchases by (11 0-15J) Contractors Performing Contracting for Government-owned Water or Sewer Utilities or Public Service District Water or Sewer Utilities $3.00 Inter relive

Tax Department Exchange of Information Agreement (110-50G) Between the State Tax Dept and the Dept of Commerce, the Dept of Transportation and the Dept of Environmental Protection $3.80 Le islative

Waste Management, Solid Waste Management Rule Div. of Water & 

### Waste $26.50 Mgmt. Legislative 33-1

Waste Management, Hazardous Waste Management Div. of Water 

### & Waste System Mgmt.. $10.00 (33-20) Legislative RULE MONITOR

NOTICE HEARING EMER RULE



### 6/30/2011 7/29/2011

5/18/2011 6/21/2011

6/16/2011 7/18/2011

6/8/2011 7/10/2011

1/26/2011 2/24/2011 12/29/2010 Approved 2/8/2011

6/1/2011 7/1/2011

8/19/2011 9/23/2011

6/17/2011 7/18/2011

6/13/2011 7/12/2011

6/9/2011 7/12/2011 SEC/STATE LRMRC-ACTION



### 7/29/2011

7/25/2011

7/25/2011

7/25/2011

4/21/2011 Modified & 

### Approved 7/13/2011 Filed 8/5/2011

7/18/2011 Modified & 

### Approved 9/14/2011

7/29/2011 Modified & 

### Approved 9/14/2011

7/29/2011

7/28/2011 

### LEGIS FINAL FILE



### 10/13/2011 EFFECTIVE



### 11/15/2011

co 0 0

### AGENCY/SERIES NO



### Water Resources (47-2) RULE


### Requirements Governing Water Quality Standards $12.30 Legislative NOTICE



### 3/3/2010 6/4/2010 RULE MONITOR

HEARING EMER RULE



### 4/1/2010 3/3/2010 7/19/2010 Approved 3/5/2010 SEC/STATE LRMRC-ACTION 

### LEGIS

6/4/2010 Approved SB 122 7/30/2010 1/10/2011 HB 2581 Bundled SB 121 FINAL FILE



### 6/27/2011 EFFECTIVE



### 6/27/2011**~** 00 0**~**

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



## 2011 OC-1 

## IS 1.:111: 

## :ju 

# ADMINISTRATIVE LAW DIVISION

Form#4 

# :J L : , .:I:11E

-'! {)[)**~** '?' NOTICE OF RULE MODIFICATION OF A PROPOSED RULE

AGENCY; West Virgmia lkpartment of Agriculture .TITLE NUMBER:-- 61

- CITE AUTHORITY: 

## _L_c:..g;_,l•_•_i,_•---------------------------

AMENDMENT TO AN EXISTING RULE: YES- NO__:__

IF YES, SERIES NUMBER OF RULE BEING AMENDED:

-----
TITLE OF RULE BEING AMENDED:------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: !A

THE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING
REVIEW COMMITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE LEGISLATIVE RULE MAKING REVIEW CO:-.IMITTEE. THE ATTACHED MODIFICATIONS ARE FILED WITH
THE SECRETARY OF STATE.

# ~~}tJ?e_ Authorized Signature 

### LEGISLATIVE 

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



## zn;:cc; 1s 

# :=:; 3=27 

# ADMINISTRATIVE LAW DIVISION c. .'{t,. ·<1,1/

- 1-:'T,I Fonn #4



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

NOTICE OF RULE MODIFICATION OF A PROPOSED RULE

AGENCY: West Virginia. Department of Agriculture .TITLE NUMBER:

__ 61

_
CITE AUTHORITY:

_ 19

_. 1

_ 5

._ 12

----------------------- AMENDMENT TO AN EXISTING RULE: YES_ NO_:_

IF YES, SERIES NUMBER OF RULE BEING AMENDED:-----

TITLE OF RULE BEING AMENDED:------------------

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 60

TITLE OF RULE BEING PROPOSED: _N_u_•_rie_n_t M_'"-'g:.e_m_e_n,_c_ert_i,::fi,::";::'i:::on:_

_________ _

TilE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING
REVIEW COMMITTEE. IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE LEGISLATIVE RULE MAKING REVIEW COMMITTEE. THE ATTACHED MODIF!CA TIONS ARE FILED WITH
TilE SECRETARY OF STATE.

# JL~~~-

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# "'.,,**~** 00 0 

# ""

### P.O. BOX 2067 CHARLES'ION, WV 25327
Earl 

### Ray Tomblin Governor

October 17, 2011

Honorable Natalie Tennant
West Virginia Secretary of State Attn: Administrative Law Division 1900 Kanawha Boulevard, East Charleston, WV 25305-0771

Dear Secretary Tennant:

# ~~ ,,..., 

# ... ,,., I :h'Ja11/J. 

# LOTT€/fY PHONE: 304-558-0500 FAX: 304-558-3321

John C. 

### Musgrave Director

="'· rri**~')**

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### ,.,

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## ':-.'

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Pursuant toW. Va. Code §29-22A-5(a), the West Virginia State Lottery is, from time to time, to adopt game rules pertaining to Racetrack Video Lottery which are specifically authorized by W.Va. Code §§29-22A-I et seq.

Enclosed are game rules for the "Valiant Knight" game manufactured by WMS Gaming, Inc. for lottery terminals located at all four licensed racetracks in the State.

Please file this document as a game rule. 

# ":15

JCM/mr

Enclosures: Valiant Knight



### www.wvlottery.com 

## LEGISLATIVE .I:IDU : 

# ••or..:.

# ~G •aco ' 

# ••m i . .

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# •am**~' ~**  ZDII

## D~.**I~** Pi; 2: 17 

## SCIENTIFIC GAMES" SEt',



# WEST VIRGINIA LOTTERY

INSTANT GAME NO. 636 "lOX The Money"

GAME RULES NOVEMBER 7, 2011 - )/,,\]f

1500 Bluegrass Lakes PJ.wy, Alpharetta, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842**~** 00 0 

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## ...



# WEST VIRGINIA LOTTERY

INSTANT GAME NO. 635 "King's Cash" 

# GAME RULES NOVEMBER 7, 2011 291/ De;

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1500Bhu·gmss Lakes PkHJ', Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

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WEST VIRGINIA LOTTERY

INSTANT GAME NO. 634 "Veterans' Cash"



# GAME RULES NOVEMBER 7, 2011 l.
(1,- o):..J**~ ·~·'"**  ... 

## ;T,·\TE

1500 Bluegrass Lakes Pkwy. Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842**~** 00 0 

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## WEST VIRGINIA LOTTERY

INSTANT GAME NO. 633 "Chia Pet®" GAME RULES NOVEMBER 7, 2011 

# , 

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1500 Bluegrass Lakes Pk11y, Alpharetta, GA 30004 Telephone (770) 664-3 700 Fax (770) 664-3842 

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## WEST VIRGINIA LOTTERY

INSTANT GAME NO. 632

"Pink Diamond Bingo" GAME RULES October 11, 2011 

# zan**r:c~** 

# :**~** 

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## . :iTi'.TE

1500 Bluegrass Lakes Phwy, Alpharetta, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842**~** 00 0 V1

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## WEST VIRGINIA LOTTERY

INSTANT GAME NO. 631 "Git-R- Won" GAME RULES NOVEMBER 7, 2011 v 

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1500 Bluegrass Lakes**Pkll~'·** Alpharel/a, GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842 

### LEGISLATIVE

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## 2L!/ CCi IS

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## WEST VIRGINIA LOTTERY

INSTANT GAME NO. 630 "Holiday Tripier"

GAME RULES October 11, 2011 

# r:; 2= 

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500 Bluegrass Lakes Phvy, Alpharetta. GA 30004 Telephone (770) 664-3700 Fax (770) 664-3842**~** 00 0 

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### SCIENTIFIC GAMES' 

## 2fiil 

## cc; ; :: r;; 2: 1'"

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# WEST VIRGINIA LOTTERY

INSTANT GAME NO. 629

"$250 Christmas Club" 

# GAME RULES October 11, 2011 ., :iJ:·.TE

1500 Bluegrass Lakes Pkwy. Alpharetta, GA 30004 Telephone (770) 664-3 700 Fax (770) 664-3842 

## LEGISLATIVE 

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



# z::;:**c~·;** 

# :**~:** 

# r;: 2=**~2** 

# ADMINISTRATIVE LAW DIVISION
\·.

### _F~~#~----------------------- 

# -,,·,;:

NOTICE OF RULE MODIFICATION OF A PROPOSED RULE

AGENCY: Nursing Home Administrators Licensing Board .TITLE NUMBER:

__ 21

_ CITEAUTHORITY:_ 30 _- 2

_ 5 -_ 5

________________________ _

AMENDMENT TO AN EXISTING RULE: YES_'_ NO_

IF YES, SERIES NUMBER OF RULE BEING AMENDED:

-----

TITLE OF RULE BEING AMENDED· 21-t-3. Felony Conviction, Record Checks, 21-1-5. Inactive Licensure Status

· 21-1-6 Sub=standard Quabty ol Care Poi1cy, Heanng Notices to bC pubhshcd 21-1.7. Federal Health Integrity Protection Data Bank Queries

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

-----

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

THE ABOVE PROPOSED LEGISLATIVE RULES, FOLLOWING REVIEW BY THE LEGISLATIVE RULE MAKING
REVIEW COMMITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE LEGISLATIVE RULE MAKING REVIEW COMMITTEE. THE ATTACHED MODIFICATIONS ARE FILED WITH
THE SECRETARY OF STATE. 

# u:dL4<=CZJ

Autliorized**~** -



## (_ 00**~If.'-**



# - 00 0 '-I

# WEST VIRGINIA SECRETARY OF STATE

NATALIE TENNANT Do 

### Not Mark In this Box



### 2tJJ 

# oc; l:J 

## Pil 3= 

### 11, 

# ADMINISTRATIVE LAW DIVISION 1

.... 1\'J;

. Form#5



### . '·' i)/i\JE

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OF INTERPRETIVE RULE OR A LEGISLATIVE RULE EXEMPT FROM LEGISLATIVE REVIEW

AGENCY: State Tax Department TITLE NUMOER:**_!1~10L.** ________ _
CITE AUTHORITY W.Va. Code§§ 11-10-5 and ll-15-9m

RULE TYPE: PROCEDURAL INTERPRETIVE--""------

EXEMPT LEGISLATIVE RULE-------
CITE STATUTE (s) GRANTING EXEMPTION FROM LEGISLATIVE REVIEW

AMENDMENT TO AN EXISTING RULE: YES NO 

### X

IF YES, SERIES NUMOER OF RULE OEING AMENDED:---------

TITLE OF RULE OEING AMENDED:------------------

IF NO, SERIES NUMOER OF NEW RULE OEING ADOPTED: __,l""SJ,__

________ _
TITLE OF RULE OEING ADOPTED: Per sc Exemption for Purchases by Contractors Performing

Contracting for Government-owned Water or Sewer Utilities or Public Service District Water or Sewer

Utilities.

' THE ABOVE RULE IS IIEREOY ADOPTED AND FILED WITH TilE SECRETARY OF STATE. THE 

## !.}" EFFECTIVE DATE OF TillS RULE IS**_N~o"'v'-'e.!!.m'-"b""cr.;:o.J~** • .,20'-'1_,!,1

____________ _ 

# {Jf;j/L---__

--· . -**~Ci,arles** 0. Lorensen

- Cabinet Secretary of the Department of Revenue

## ~"?.oo INTERPRETIVE**~** 00 0 00Legislative Oversight Commission on Education Accountability WEST VIRGINIA LEGISLATURE
State Capitol Building Charleston, WV 15305 S!.!natc Education Commiucc

Phone (30-1) 357-7805

Room M--l27 !louse Education Committee Phone (30-t) 3-10-3265 Room M-43-1

TO:

TO:

FROM: NOTICE OF ACTION TAKEN BY LEGISLATIVE OVERSIGHT COMMISSION ON EDUCATION ACCOUNTABILITY

October 11, 2011

The Hen. Natalie Tennant, Secretary of State, State Register

Mr. James Skidmore Chancellor Council for Community and Technical College Education 1018 Kanawha Boulevard, East, Suite 700 Charleston, West Virginia 25301

Legislative Oversight Commission on Education Accountability

### ~ .::_n.**~-.** C1**~**

::=-

### ~

### '~t:- m 

## <?.



# ,..,

PROPOSED RULE: 135-27. Workforce Development Initiative.

1. The Legislative Oversight Commission on Education Accountability recommends that the West Virginia Legislature:

A. Authorize the agency to promulgate the legislative rule (a) as originally filed (b) as modified by the agency ····X----

B. Authorize the agency to promulgate part of the legislative rule; a statement of reasons for such recommendation is attached.

··-------

2. The Legislative Oversight Commission on Education Accountability recommends that

A. the rule be withdrawn; a statement of reasons for such recommendation is attached. B. the emergency rule be withdrawn; a statement of reasons for such recommendation is attached.

Pursuant to Code §29A-3A-12, this notice has been filed in the State Register and with the agency proposing the rule. 

### LOCEA**~** 00 0 

# "'

### WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee 

### 2011 OCi 

## ::1 

# r:r: IO= Q::i



## ':.t.

. , - ;·:li\TE Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Laze//, Associate Counsel Felisha N. Sutherland, Administrative Assistant

October 12, 2011

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

TO,

TO'

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

Jean Smith, Director of Marketing & Development WV Department of Agriculture State Capitol 1900 Kanawha Blvd., East Charleston, WV 25305
Legislative Rule-Making Review Committee

Proposed Rule: Labeling of Imported Honey, Honey Products or Honey Bee By-Products; Adulterated Honey, Honey Products or Honey Bee By-Products, 61CSR2A

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

1.

2.

3.

4. Authorize the agency to promulgate the Legislative rule:

(A)

(B) as originally filed

as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

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.

## _p_~S

Building I, Room ll.fB-49 I900 Kanawlta Boulevard, East Charleston, IW 

### 25305 Pltone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutfterland@wvlegislature.gov 

## LRMRC

WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee 

### ZUI 

### I OCi 

### I !1 

### t11i /0: 05

Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Felisha N. Sutherland, Administrative Assistant Rita A. Pauley,

# ~tsociate**C,ouv'lfl~~;'** Brian Skinner, Associate Counsef Charles Roskovensky, Associate Counsel Jay Laze//, Associate Counsel

October 12, 2011

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

TO'

TO:

FROM:
Proposed Rule: Natalie E. Tennant, Secretary of State, State Register

Bob Tabb, Deputy Commissioner WV Department of Agriculture State Capitol 1900 Kanawha Blvd., East Charleston, WV 25305
Legislative Rule-Making Review Committee

Nutrient Management Certification, 61CSR6D

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

1. Authorize the agency to promulgate the Legislative rule:

2.

3.

4.

5. (A) as originally filed

(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached.

## ~#

Building I, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: fe/islta.sutherland@wvlegislature.gov**~** 00**~** 0

### -,

WEST VIRGINIA LEGISLATURE 

### ZOIJ OCi 

### /1, f:il/0: O!:i Legislative Rule-Making Review Committee

1 

### 6•_, \..;,/1)·, 

### Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Rita A. ?Oil-ley,- AssociateT.(iJ[unsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Felisha N. 

### Sutherland, Administrative Assistant Jay Lazell, Associate Counsel

October 12, 2011

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

TO'

TO'

FROM'
Proposed Rule: Natalie E. Tennant, Secretary of State, State Register

Robert E. Pitts, DVM 

### wv Department of Agriculture State Capitol 1900 Kanawha Blvd., East Charleston, WV 25305

Legislative Rule-Making Review Committee

Inspection of Meat and Poultry, 61CSR16

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

l.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

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 

## LRMRC

WEST VIRGINIA LEGISLATURE 

## 2 Gil OCT 13 Pil

## ~: I 4 Legislative Rule-Making Review Committee

Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Rita

# ~/fPauley,Ass~iX~~··Counsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felisha N. 

### Sutherland, Administrative Assistant

October 11, 2011

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

TO'

TO'

FROM' Natalie E. Tennant, Secretary of State, State Register

Constance Sloan WV Board of Funeral Service Examiners 179 Summers Street Room 305 Charleston, WV 25301
Legislative Rule-Making Review Committee
Proposed Rule: Crematory Requirements, 6CSR2

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

l.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for**s~ch** recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

## _:£2_11'-">

Buildi11g 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 Pltone: (304) 347-4840 Fax: (304) 347-4901 email: felislta.sutlterland@wvlegislature.gov**~** 

### co**~**

### WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee

## 2l'.'Jc~·; 11f ::;: 

### Io= 

# c·,

OJ,'., 

## -ol;IJf Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Cirair Debra A. Graham, Chief Counsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felisha N. Sutherland, Administrative Assistant

october 12, 2011

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

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

TO:

FROM:
Proposed Rule: Timothy R. Murphy, Associate Counsel WV Insurance Commission P.O. Box 50540 1124 Smith Street, Greenbrooke Building Charleston, WV 25305-0540
Legislative Rule-Making Review Committee

Insurance Holding Company Systems, 114CSR35

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

1. Authorize the agency to promulgate the Legislative rule:

2.

3.

4.

5. (A) as originally filed
(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

# -¥!-fr)

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, IW 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutherland@wvlegislature.gov 

## LRMRC

WEST VIRGINIA LEGISLATURE 

### ZUI: Or;r ft-s 

### i:!: /0: OS

Legislative Rule-Making Review Committee ,;

_ _ _. . j· r "' qr-. 

### Smator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, ChiefCounsel Rita A. Paul;y,

## Assoi:itit~:**iib1l~el** Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felisha N. Sutherland, Administrative Assistant

October 12, 2011

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

TO:

TO:

FROM:
Proposed Rule: Natalie E. Tennant, Secretary of State, State Register

David Mullins WV Division of Labor Building 6, Room B-749 Charleston, WV 25305
Legislative Rule-Making Review Committee
Zipline and Canopy Tour Responsibility Act, 42CSR10

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

1. Authorize the agency to promulgate the Legislative rule:

2.

3.

4.

5. (A) as originally filed
(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

## _Y!_41'-f

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, WV 25305 Pflone: (304) 347-4840 Fax: (304) 347-4901 email: felislla.sutllerland@wvlegislature.gov



# - 00



# - N

### WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee 

### 2GiiC:;I 

### 14 WIO:os

Senator Joseph 1lfinard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, CltiefCounsel Rita A.

## PJ1tey,-AssoCiateT~ffimsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felisha N. Sutherland, Administrative Assistant

October 12, 2011

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

TO:

TO:

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

David Mullins WV Division of Labor Building 6, Room B-749 Charleston, WV 25305
Legislative Rule-Making Review Committee
Proposed Rule: Amusement Rides and Amusement Attractions Safety Act, 42CSR17

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

1. Authorize the agency to promulgate the Legislative rule:

2.

3.

4.

5. (A)

(B) as originally filed

as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

# ____y_qrvS

Building I, Room MB-49 I900 Kanawha Boulevard, East Charleston, WV 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.suther/and@wvlegislature.gov 

## LRMRC

WEST VIRGINIA LEGISLATURE 

### ZUI; OCT I L1 

# r.:; 10: 05
Legislative Rule-Making Review Committee
, , , ,,**~:--1** - ,-**,j,j~/,"i** Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel

### Rt~a A. Pautey,'Assol:iaie tfoVi!Dsel Brian Skinner, Associate Counsel Charles RoskoveiiSky, Associate Counsel Felisha 

### N. Sutherland, Administrative Assistant Jay Laze/1, Associate Counsel

October 12, 2011

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

TO:

TO:

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

David Mullins WV Division of Labor Building 6, Room B-749 Charleston, WV 25305
Legislative Rule-Making Review Committee
Proposed Rule: Supervision of Elevator Mechanics and Apprentices, 42CSR21A

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

1. Authorize the agency to promulgate the Legislative rule:

2.

3.

4.

5. (A)

(B) as originally filed

as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

## Y?"J''-J

Building I, Room MB-49 I 900 Ka11awha Boulevard, East Cllarleston, WV 25305 Phone: (304) 347-4840 Fax: (304) 347-490I email: fe/isha.sutllerland@wvlegislature.gov



# - 00



# - w

### WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee

## 2~**ll c~·:-**  1 /:**~~/:lo:** 

### n5



## .**Ji!~f'** Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Clrief Counsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Clrarles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felislra N. Sutherland, Administrative Assistant

October 12, 2011

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

TO:

TO:

FROM:
Proposed Rule: Natalie E. Tennant, Secretary of State, State Register

Steve 0. Dale WV Division of Motor Vehicles 5707 MacCorkle Avenue, SE P.O. Box 17300 Charleston, WV 2531?
Legislative Rule-Making Review Committee
Compulsory Motor Vehicle Liability Insurance, 91CSR13

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

1.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:
(A) as originally filed
(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached.

# 1~

Building 1, Room MB-49 1900 Kanaw/ra Boulevard, East C/rarleston, IW 25305 Pirone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutlrerland@wvlegislature.gov 

## LRMRC

WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee 

### 201!

# c~·i lls f::UG: 

### 04

,,' ·.'.lh

- · c[\TE Senator Joseplr Minard, Co-C/rair Delegate Bonnie Brown, Co-Chair Debra A. Gralram, ClriefCounsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Clrarles Roskovensky, Associate Counsel Jay Lazell, Associate Counsel Felislra N. Sutherland, Administrative Assistant

October 12, 2011

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

TO:

TO:

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

David E. Potters 

### wv Board of Pharmacy 232 Capitol Street Charleston, WV 25301
Legislative Rule-Making Review Committee
Proposed Rule: Rules of the Board of Pharmacy for the Uniform Controlled substances Act, 15CSR2

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

1.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:
(A) as originally filed
(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached.

# __yz_~

Building 1, Room MB-49 1900 Kanawlra Boulevard, East Clrarleston, 1W 25305 Pirone: (304) 347-4840 Fax: (304) 347-4901 email: felislra.sutlrerland@wvlegislature.gov

00**~** 

## """

### WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee 

### 2C! l OC; 

### I !1 

# :':uc, C4

I" 

### ,lfD£

Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Laze//, Associate Counsel Felisha N. Sutherland, Administrative Assistant

October 12. 2011

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

TO'

TO'

FROM' Natalie E. Tennant, Secretary of State, State Register

David E. Potters WV Board of Pharmacy 232 Capitol Street Charleston, 

### wv 25301
Legislative Rule-Making Review committee

Proposed Rule: Board of Pharmacy Rules for Continuing Education for Licensure of Pharmacists, 15CSR3

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

1.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

# _Y!_qf\s

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, 

## rw 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutlterland@wvlegislature.gov 

## LRMRC**2~11** 

# o:·: 1**~~** 

### iJliD= f:14 WEST VIRGINIA LEGISLATURE Legislative Rule-Making Review Committee

,**~** I\' 

## !Til if Senator Joseph Minard, Co-Chair Delegate Bonnie Brown, Co-Chair Debra A. Graham, Chief Counsel Rita A. Pauley, Associate Counsel Brian Skinner, Associate Counsel Charles Roskovensky, Associate Counsel Jay Laze/1, Associate Counsel Felislta N. 

### Sutherland, Administrative Assistant

October 12. 2011

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

TO, 

### To,

FROM'
Proposed Rule: Natalie E. Tennant, Secretary of State, State Register

David E. Potters WV Board of Pharmacy 232 Capitol Street Charleston. WV 25301
Legislative Rule-Making Review Committee

Licensure of Wholesale Drug Distributors, lSCSRS

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

1.

2.

3.

4.

5. Authorize the agency to promulgate the Legislative rule:

(A) as originally filed

(B) as modified by the agency

Authorize the agency to promulgate part of the Legislative rule;

a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Authorize the agency to promulgate the Legislative rule as modified with certain amendments; amendments and a statement of reasons for such recommendation is attached.

Recommends that the Legislature rule be withdrawn; a statement of reasons for such recommendation is attached. 

# __'f!..!f-5

Building 1, Room MB-49 1900 Kanawha Boulevard, East Charleston, 

## rw 25305 Phone: (304) 347-4840 Fax: (304) 347-4901 email: felisha.sutlterlalld@wvlegislature.gov



# - co

V1

## Docket Number

11-3-9506-X

11-3-9507-X

11-2-9503-X

11-1-951 0-X

1 0-5-9204-H

11-2/3-9496-X

1 0-AP-FP-02057

11-MAP-02003

1 0-AP-FP-020 16

1 0-AP-FP-02054

11-MAP-02006



### N/A

N/A

N/A 

# Orders Report

Agency Respondent

Health Care Authority

Health Care Authority

Health Care Authority

Health Care Authority

Health Care Authority

Health Care Authority

Insurance Commission

Insurance Commission

Insurance Commission

Insurance Commission

Insurance Commission

Medicine

Medicine

Medicine KVC Behavioral Healthcare

S & 

### K Holdings, Inc.

Williamson Memorial Hospital LLC, Williamson HMA Physician Management LLC
The Council of the Southern Mountains

Marietta Memorial Hospital

Valley Health

Farmers and Mechanics Mutual Insurance Company

State Auto National Insurance Company

Farmers and Mechanics Mutual Insurance Company

Farmers and Mechanics Mutual Insurance Company

W.VA. Farmers Mutual Insurance Association

Tariq Mahmood Malik, M.D.

Asif Anwarali Najmuddin, M.D.

Frankie Allen Puckett, M.D. 

## Decision Date

10/7/2011

10/7/2011

10/7/2011

10/1212011

10/1212011

10/1212011

9/23/2011

9/23/2011

9/23/2011

9/23/2011

10/11/2011

10/5/2011

10/5/2011

10/11/2011



### Pagel ofl**~** co

0"1

## NO.



## 2011-01 WEST VIRGINIA ETHICS COMMISSION ADMINISTRATIVE LAW JUDGE ADVISORY OPINIONS

OPINION SOUGHT



# An Administrative Law Judge asks if the Code of Conduct for Administrative Law Judges prohibits an Administrative Law Judge from traveling to and from hearings with members of the agency when the agency is a party to the underlying complaint.**~** 00



## .....

## NO.



## . 2011-02 WEST VIRGINIA ETHICS COMMISSION CONTRACT EXEMPTION

OPINION SOUGHT



# The Guyan Conservation District requests a contract exemption to allow its continued use of the Putnam County Bank as the

! 

# depository for some of the District's funds.**~** 00**~** 00

## NO.

i 

# 2011-06 WEST VIRGINIA ETHICS COMMISSION'S COMMITTEE ON OPEN GOVERNMENTAL MEETINGS ADVISORY OPINIONS

OPINION SOUGHT



# An attorney on behalf of the Hardy County Rural Development Authority asks whether the Open Meetings Act prohibits a quorum of county commissioners from serving on the Development Authority board.**~** 

### co

\0

# Grievance Decisions

Docket# Grievant Respondent

201 0-0954-HamED Sharon Marie Michaei-Piati Hampshire Co BOE

2010-1225-DHHR Christa Janes Bureau for Children & 

### Families

2010-1225-DHHR Christa Janes DHHR

201 0-1293-CONS Kristopher Chapman et al Lottery

2010-1340-MAPS Chadwick Wesley Ketchum II Personnel

201 0-1340-MAPS Chadwick Wesley Ketchum II Regional Jail and Correctional

2010-1340-MAPS Chadwick Wesley Ketchum II Western Regional Jail

2010-1456-WebED Debra Hayhurst Webster Co BOE

2010-1552-CONS Brett Cabell et al Highways

2010-1552-CONS Brett Cabell et al Personnel

2010-1601-DHHR Teddra Armedia Cecil DHHR

2010-1601-DHHR Teddra Armedia Cecil Welch Community Hospital

2011-0025-HRC Brian Wayne Wells Human Rights Commission

2011-0156-HRC Brian Wayne Wells Human Rights Commission

2011-0171-MAPS Theodore B Stuart Juvenile Services

2011-0171-MAPS Theodore B Stuart Lorrie Yeager Jr Juvenile Cente

2011-0171-MAPS Theodore B Stuart Personnel

2011-0862-DOT Kenneth R Litten Highways

2011-0924- DOT Ismail S Latif Highways 

## Dec Date

9/21/2011

9/20/2011

9/20/2011

9/27/2011

9/30/2011

9/30/2011

9/30/2011

9/26/2011

9/16/2011

9/16/2011

9/20/2011

9/20/2011

9/20/2011

9/20/2011

9/23/2011

9/23/2011

9/23/2011

9/27/2011

9/29/2011**~** 00 "-' 0

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## 0 C\1 1821NOTICE OF PUBLIC HEARING**CANCELLATIO~**

In the September 16, 2011 West Virginia Register, the West Virginia Department of Environmental Protection (DEP) announced an opportunity for a public hearing on a proposed revision to the State Implementation Plan (SIP) regarding the most recently promulgated National Ambient Air Quality Standards (NAAQS) for lead. In this proposed revision to the SIP, West Virginia is demonstrating that it has adequate resources and authority to implement the 2008 lead NAAQS. Compliance with specific CAA section 11 O(a)(2) requirements is detailed in

a document demonstrating that the State meets these express requirements through authorities granted under state laws and regulations, as well as implementation of existing air programs. DEP sought comments on whether the document adequately demonstrates West Virginia's compliance with the pertinent federal CAA mandates related to these so-called infrastructure elements. The public comment period began September 16,2011 and ended October 17,2011. No comments were received and no person requested a public hearing. Therefore the public hearing tentatively scheduled for October 24,2011 is hereby cancelled.**~'** c:'

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# ,, OTHER WEST VIRGINIA HEALTH CARE AUTHORITY CERTIFICATE OF NEED 1 00 Dee Drive Charleston, West Virginia 25311-160fJJII 

### OCi 17 Pil 2:21

October 17, 2011 ; .I 

### J!\TE LEGAL NOTICE

James 

### L. Pitrolo, Jr., Chairman, West Virginia Health Care Authority, announces the following Certificate of Need activities for the week ending October 14, 2011.

LETTER OF INTENT FOR EXPEDITED REVIEW RECEIVED

October 12, 2011 -Arlington Capital Partners, Chevy Chase, Maryland, CON File #11-6-9527-A, for the acquisition of Valley-Alliance Treatment Services, Inc., a freestanding Methadone Outpatient Treatment Program; capital expenditure: $1,787,500.

EXPEDITED APPLICATION RECEIVED

October 14, 2011 -Charleston Area Medical Center, Charleston, Kanawha County, CON File #11-3-9516-P, for the development of an ambulatory health care facility via the lease of office space and acquisition of imaging equipment and furnishings located at 2335 Chesterfield Avenue, Charleston, Kanawha County; capital expenditure: $345,230.

PROJECT DETERMINED NOT REVIEWABLE

October 12, 2011

- The Council of the Southern Mountains, Welch, McDowell County, CON File # 11-1-951 0-X, for the addition of 600 square feet of rental space to its administrative office located in Bluefield, Mercer County; no capital expenditure.

PROJECT EXEMPT FROM REVIEW

October 12, 2011 -Valley Health, Huntington, Cabell County, CON File #11-2/3- 9496-X, for the establishment of school based clinic locations at Poca High School and Harts Pre-K Intermediate School. Valley has received $492,835 in grant funding to be used for equipment and renovations for the clinics.

CERTIFICATE OF NEED APPROVAL ISSUED

October 12, 2011 -Marietta Memorial Hospital, Vienna, Wood County, CON File #10-5-9204-H, for the establishment of two ambulatory care facilities through the employment of two primary care physicians with practice sites located in the Vienna and Williamstown areas of Wood County; capital expenditure: $232,981.

Further information may be obtained on any of the above-referenced projects by contacting Timothy E. Adkins, Director, Certificate of Need Division.**lt<ll\l~nolo.•OI(~Inl>** .. 112011



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October 13.2011 STATE OF WEST VIRGINIA 

### BOARD OF OSTEOPATHY

405 Capitol Street, Suite 402

Charleston, WV 25301

The Honorable Natalie Tennant Secretary of State 1900 Kanawha Blvd. E. Building I- Suite 157K Charleston. WV 25305-0610

Dear Madam Secretary: Phone: 304-558-6095**·-.:::..-~.** )::, rn -· Fax: 304-558-6096 

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Enclosed please find our 2011 Annual Report. Should you have any questions or need additional copies. please feel free to contact me.

Sincerely.

# ;a~th~i~~ Diana K. Shepard Executive Director 

## Bureau for Public Health Office of Environmental Health**Servi~~.~** 

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## Revised 2011 Intended Use Plan Review ·,1•:: 

## Notice of Public Meeting and Public

# Comments~~r'i.o(f'' ::>i:i\TE

The Bureau for Public Health, Office of Environmental Health Services, will hold a public meeting on November 18,2011 from 2:00p.m. to 2:30p.m. to accept written or oral comments

on the proposed Revised July I. 2011 through June 30. 2012 Intended Use Plan {[UP) for the West Virginia Drinking Water State Revolving Fund program, including the construction loan fund. The meeting will be held at the West Virginia Bureau for Public Health, Environmental Engineering Division. Room 345, 350 Capitol Street, Charleston, WV and is open to the public.

A copy of the proposed !UP will be available for public review on or before October 21,2011 at the following locations:

Charleston Central Office Wheeling District Office Philippi District Office Kearneysville District Office Beckley District Office St. Albans District Office (304) 356-4301 (304) 238-1145 (304) 457-2296 (304) 725-9453 (304) 256-6666 (304) 722-0611

The IUP is unchanged except for using an updated list of projects on the Project Priority List. A
copy of the proposed Revised IUP will also be available for public review on or before October 21, 20 II on the Bureau for Public Health website at http://www.wvdhhr.org/oehs/eedli&cd/

The public may submit written comments by mail, e-mail, facsimile (304-558-0691) or other delivery to:

Robert W. DeCrease Bureau for Public Health Office of Environmental Health Services Environmental Engineering Division 350 Capitol Street, Room 313 Charleston, WV 25301-3713 Email: robert.w.decrease@wy.gov

All comments must be received by 12:00 noon, November 21, 2011.

Please include your name, return address, e-mail address, daytime telephone number and indicate
any organization that you may represent. Prior to any final action on this Revised IUP, the Bureau for Public Health will address only comments relevant to IUP issues.

34**~** 00 

# "'

......Julv I, 2011- .June 30, 2012 Intended Usc Plan

INTRODUCTION

The Intended Use Plan (I UP) forthe period of July I, 2011through June 30,2012 has been revised to included new projects requesting DWTRF loan funding. No additional changes have occurred due to this revision except for the public comment process which is mentioned below.

PUBLIC COMMENT PROCESS

The public comment period for this revised IUP will be the period of October 21 through November 21, 2011. OEIIS posted the IUP on the web site and made it available at all district offices and the central office. The revised IUP was sent to key stakeholders for comment. A public notice was published in the West Virginia Register (State Register) on October 21, 2011 concerning the web posting and public comment period. A public meeting will be held on November 18, 2011 from 2:00PM to 2:30PM at the OEIIS central office to receive public
comments.

15 

## OTHER

Office of the Secretary of State Building I, Suite 1S7-K 1900 Kanawha Blvd., East Charleston, West**V~tginia** 25305 

### Natalie E. Tennant Secretaiy of State State of West Virginia Tdephonc: (304) 

### ssuooa Toll F=: 1·866-SOS-VOTE Fax: t304) SS8.0000

WWW.W\'soa.com

To:

From:

Date:

He: NOTICE

The Public

The Honorable Natalie 

### E. Tennant, Secretary of State

September 29, 2011**~LJ** •.

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Public Hearing for Tentative Public Utility Tax Assessments and Public Meeting

Pursuant to West Virginia Code §11-6-11, the Board of Public Works will hold a public hearing on Wednesday, November 2, 2011 at 10:00 a.m. in the Governor's Cabinet and Conference Room, Building I, Suite 10 of the State Capitol Complex.

The primary purpose of the hearing is to provide an opportunity for public utilities to comment concerning the Notices of Tentative Assessed Values for tax year 2012. The Board will also consider property transfers and other business. A detailed agenda will be available prior to the meeting.

If you have any questions concerning this hearing and meeting, please contact Maureen Lewis at the Secretary of State's office at (304) 558-6000 ext 208. You may also email her at**mlewi~@lwvsos.com.** Thank you. 

### II
I**~** 00

### ~

### STATE OF WEST VIRGINIA Department of Revenue State Tax Department Earl Ray Tomblin
Governor Craig A. Griffith
State Tax Commissioner



## ADMINISTRATIVE NOTICE 2011-23

Notice of Adjusted Interest Rates On Tax Underpayments and Overpayments And on Public Contracts For the Period of January 1, 2012 through June 30, 2012 J-**~-,!:** rn 

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West Virginia Code §§11-10-17 and 17a require the Tax Commissioner to establish interest rates every six months based on the adjusted prime rate charged by banks. The interest rate shall not be less than 8 percent.

Notice is hereby given that for the period beginning January 1, 2012. and ending June 30. 2012. inclusive. the rate of interest on underpayments of tax will be 9.5 percent, and the rate of interest on overpayments of taxes, and on public contracts when final payment is delayed, will be 8 percent.

Notice of this determination by the Tax Commissioner was submitted to the State Register. 

# H"

Craig A. Griffittf State Tax Commissioner

Issued:

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## OTHER

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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

April 6, 2011

April13, 2011

April 20, 2011

April 27, 2011

May4, 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 July 13, 2011

January 14, 2011 January 19, 2011 July 13, 2011 July 15, 2011 July 20, 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 August 3, 2011

February 4, 2011 February 9, 2011 August 3, 2011 August 5, 2011 August 10, 2011

February 11, 2011 February 16, 2011 August 10, 2011 August 12, 2011 August 17, 2011

February 18, 2011 February 23, 2011 August 17, 2011 August 19, 2011 August 24, 2011

February 25, 2011 March 2, 2011 August 24, 2011 August 26, 2011 August 31, 2011

March 4, 2011 March 9, 2011 August 31, 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 September 21, 2011 September 23, 2011 September 28, 2011

April 1, 2011 AprilS, 2011 September 28, 2011 September 30, 2011 October 5, 2011

April 8, 2011 ApJil13, 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 May 11,2011 November 2, 2011 November 4, 2011 November 9, 2011

May 13,2011 Mq 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 July 6, 2011 December 28, 2011 December 30, 2011 January 4, 2012