COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 253

(By Senator Minard)

__________

[Originating in the Committee on the Judiciary;

reported February 3, 2012.]

__________

A BILL to amend and reenact article 3, chapter 64 of the Code of

West Virginia, 1931, as amended, relating generally to the

promulgation of administrative rules by the Department of

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

executive or administrative agencies of the state; authorizing

certain of the agencies to promulgate certain legislative rules

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

authorizing certain of the agencies to promulgate certain

legislative rules in the form that the rules were filed in the
Com. Sub. for S. B. No. 253] 2

State Register and as amended by the Legislature; authorizing

certain of the agencies to promulgate certain legislative rules

as amended by the Legislature; authorizing the Department of

Environmental Protection to promulgate a legislative rule

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

rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards;

authorizing the Department of Environmental Protection to

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

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

a legislative rule relating to standards of performance for new

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

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

authorizing the Department of Environmental Protection to

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

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

Department of Environmental Protection to promulgate a

legislative rule relating to the control of air pollution from

hazardous waste treatment, storage and disposal facilities;

authorizing the Department of Environmental Protection to

promulgate a legislative rule relating to requirements for

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

emission standards for hazardous air pollutants; authorizing

the Department of Environmental Protection to promulgate a

legislative rule relating to determining conformity of general

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

a legislative rule relating to the greenhouse gas emissions

inventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to

the National Pollutant Discharge Elimination System

(NPDES) Program; and authorizing the Department of

Environmental Protection to promulgate a legislative rule

relating to voluntary remediation and redevelopment.

Be it enacted by the Legislature of West Virginia:

That article 3, chapter 64 of the Code of West Virginia, 1931,

as amended, be amended and reenacted to read as follows:
Com. Sub. for S. B. No. 253] 4

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

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

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

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

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

4 the Department of Environmental Protection (solid waste

5 management, 33 CSR 1), is authorized.

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

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

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

9 the Department of Environmental Protection (hazardous

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

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

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

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

14 Department of Environmental Protection (ambient air

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

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

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

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

19 Department of Environmental Protection (permits for

20 construction and major modification of major stationary

21 sources for the prevention of significant deterioration of air

22 quality, 45 CSR 14), is authorized.

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

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

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

26 Department of Environmental Protection (standards of

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

28 authorized.

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

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

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

32 Department of Environmental Protection (control of air

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

34 authorized.

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

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

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

38 Department of Environmental Protection (permits for

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

40 sources which cause or contribute to nonattainment areas, 45

41 CSR 19), is authorized.

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

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

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

45 Department of Environmental Protection (control of air

46 pollution from hazardous waste treatment, storage or

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

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

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

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

51 the Department of Environmental Protection (requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

68 Department of Environmental Protection (greenhouse gas

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

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

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

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

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

74 to the Department of Environmental Protection (National

75 Pollutant Discharge Elimination System (NPDES) Program,

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

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

78 inserting in lieu thereof “2009”;

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

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

81 C.F.R. Part 412, Subpart C or D”;

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

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

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

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

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

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

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

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

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

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

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

94 to the Department of Environmental Protection (voluntary

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

96 with the following amendments:

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

98 minimis values for the parameter “Hexachloroethane” and

99 inserting in lieu thereof new de minimis values for the

100 parameter “Hexachloroethane” to read as follows:

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

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

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

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

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

107 inserting in lieu thereof new de minimis values for the

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

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

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