COMMITTEE SUBSTITUTE

FOR 

# Senate Bill No. 253

(By Senator Minard)

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

__________ A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department ofEnvironmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in theCom. Sub. for S. B. No. 253] 2 State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rulerelating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection topromulgate a legislative rule relating to permits for construction and major modification ofmajor stationary sources for theprevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating tostandards of performance for newstationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection topromulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the[Com. Sub. for S. B. No. 253 3 Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements foroperating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to determining conformity of generalfederal actions to applicable implementation plans; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the greenhouse gas emissionsinventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment. Be it enacted by the Legislature of West Virginia: That article 3, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:Com. Sub. for S. B. No. 253] 4

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES. §64-3-1. Department of Environmental Protection. (a) The legislative rule filed in the State Register on July 

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

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

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

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

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

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

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

### 8the Department of Environmental Protection (hazardous 

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

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

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

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

### 13 Department of Environmental Protection (ambient air 

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

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

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

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

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

### 19 construction and major modification of major stationary 

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

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

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

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

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

### 25 Department of Environmental Protection (standards of 

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

### 27

authorized. 

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

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

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

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

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

### 33

authorized. 

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

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

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

### 37 Department of Environmental Protection (permits for 

### 38 construction and major modification of major stationary 

### 39Com. Sub. for S. B. No. 253] 6 sources which cause or contribute to nonattainment areas, 45 

### 40 CSR 19), is authorized. 

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

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

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

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

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

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

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

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

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

### 50 the Department of Environmental Protection (requirements 

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

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

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

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

### 55 Department of Environmental Protection (emission stan

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

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

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

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

### 60 Department of Environmental Protection (determining 

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

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

### 63

rized. 

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

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

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

### 67 Department of Environmental Protection (greenhouse gas 

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

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

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

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

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

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

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

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

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

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

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

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

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

### 81 And, 

### 82Com. Sub. for S. B. No. 253] 8 On page forty-seven, paragraph 13.1.f.2., by striking out 

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

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

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

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

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

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

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

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

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

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

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

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

### 95 with the following amendments: 

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

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

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

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

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

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

### 102 02”; 

### 103 And, 

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

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

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

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

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

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

### 110

02”. 

### 111