WEST VIRGINIA LEGISLATURE

ENROLLED

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 133

(Senator Snyder, original sponsor)

[Passed March 8, 2014; in effect from passage.]
ENR OLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 133

(SENATOR SNYDER, original sponsor)

__________

[Passed March 8, 2014; in effect from passage.]

__________

AN ACT 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 as

amended by the Legislature; 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 with various

modifications presented to and recommended by the Legislative

Rule-Making Review Committee; authorizing certain of the

agencies to promulgate certain legislative rules with various

modifications presented to and recommended by the Legislative

Rule-Making Review Committee and as amended by the

Legislature; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to horizontal

well development; authorizing the Department of Environmental

Protection to promulgate a legislative rule relating to ambient air
Enr. Com. Sub. for S. B. No. 133] 2

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

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 emission standards for

hazardous air pollutants; authorizing the Department of

Environmental Protection to promulgate a legislative rule relating

to requirements governing water quality standards; authorizing

the Department of Environmental Protection to promulgate a

legislative rule relating to state certification of activities requiring

federal licenses and permits; 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:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF

ENVIRONMENTAL PROTECTION TO

PROMULGATE LEGISLATIVE RULES.
3 [Enr. Com. Sub. for S. B. No. 133

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

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

2 6, 2013, authorized under the authority of section six, article

3 six-a, chapter twenty-two of this code, approved for

4 promulgation by the Legislature on April 12, 2013, relating

5 to the Department of Environmental Protection (horizontal

6 well development, 35 CSR 8), is authorized with the

7 following amendment:

8 On pages ten and eleven, by striking out all of

9 subdivision 5.7.a. and inserting in lieu thereof a new

10 subdivision 5.7.a. to read as follows:

11 5.7.a. All applications for well work permits shall be

12 accompanied by a well site safety plan to address proper

13 safety measures to be employed for the protection of persons

14 on the well site, as well as the general public in the area

15 surrounding the well site. Each plan shall be specific to the

16 well site described in the permit application and include the

17 surrounding area. The plan shall encompass all aspects of the

18 operation, including the actual well work for which the

19 permit is sought, the anticipated MSDS for the chemical

20 components added to the hydraulic fracturing fluid, and

21 completion, production, and work-over activities. It shall be

22 made available on the well site during all phases of the

23 operation and provide an emergency point of contact and

24 twenty-four (24)-hour contact information for the well

25 operator. At least seven (7) days before commencement of

26 well work or site preparation work that involves any

27 disturbance of the land, the well operator shall provide a copy

28 of the well site safety plan to the local emergency planning

29 committee (LEPC) for the emergency planning district in

30 which the well work will occur or to the county office of

31 emergency services. The operator shall also provide one

32 copy of the Well Site Safety Plan to the surface owner, any
Enr. Com. Sub. for S. B. No. 133] 4

33 water purveyor and any surface owner subject to notice and

34 water testing as provided in section 15 of this rule: Provided,

35 That in the event the Well Site Safety Plan previously

36 provided to a surface owner, water purveyor or surface

37 owner, is later amended, in whole or in part, the operator

38 shall provide a copy of the amendments to the surface owner,

39 water purveyor or surface owner. The operator should work

40 closely with the local first responders to familiarize them with

41 potential incidents that are related to oil and gas

42 development, so that the local first responders have the

43 information they need to provide the support necessary for

44 the operator to implement the well site safety plan. The well

45 site safety plan shall include, at a minimum, the information

46 contained in subdivisions 5.7.b. through 5.7.h.

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

48 22, 2013, authorized under the authority of section four,

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

50 Department of Environmental Protection (ambient air quality

51 standards, 45 CSR 8), is authorized.

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

53 22, 2013, authorized under the authority of section four,

54 article five, chapter twenty-two of this code, modified by the

55 Department of Environmental Protection to meet the

56 objections of the Legislative Rule-Making Review

57 Committee and refiled in the State Register on September 4,

58 2013, relating to the Department of Environmental Protection

59 (permits for construction and major modification of major

60 stationary sources for the prevention of significant

61 deterioration of air quality, 45 CSR 14), is authorized.

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

63 22, 2013, authorized under the authority of section four,

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

65 Department of Environmental Protection (standards of
5 [Enr. Com. Sub. for S. B. No. 133

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

67 authorized.

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

69 22, 2013, authorized under the authority of section four,

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

71 Department of Environmental Protection (control of air

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

73 authorized.

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

75 22, 2013, authorized under the authority of section four,

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

77 Department of Environmental Protection (permits for

78 construction and major modification of major stationary

79 sources which cause or contribute to nonattainment areas, 45

80 CSR 19), is authorized.

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

82 22, 2013, authorized under the authority of section four,

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

84 Department of Environmental Protection (control of air

85 pollution from hazardous waste treatment, storage or disposal

86 facilities, 45 CSR 25), is authorized.

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

88 22, 2013, authorized under the authority of section four,

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

90 Department of Environmental Protection (emission standards

91 for hazardous air pollutants, 45 CSR 34), is authorized.

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

93 26, 2013, authorized under the authority of section four,

94 article eleven, chapter twenty-two of this code, modified by

95 the Department of Environmental Protection to meet the

96 objections of the Legislative Rule-Making Review
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97 Committee and refiled in the State Register on November 27,

98 2013, relating to the Department of Environmental Protection

99 (requirements governing water quality standards, 47 CSR 2),

100 is authorized with the following amendment:

101 On page thirty-seven, parameter 8.1, by striking out the

102 words “For water with pH <6.5 or >9.0”;

103 And,

104 On page thirty-seven, by striking out all of parameters

105 8.1.1 and 8.1.2.

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

107 26, 2013, authorized under the authority of section seven,

108 article eleven, chapter twenty-two of this code, modified by

109 the Department of Environmental Protection to meet the

110 objections of the Legislative Rule-Making Review

111 Committee and refiled in the State Register on December 18,

112 2013, relating to the Department of Environmental Protection

113 (state certification of activities requiring federal licenses and

114 permits, 47 CSR 5A), is authorized.

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

116 26, 2013, authorized under the authority of section three,

117 article twenty-two, chapter twenty-two of this code, modified

118 by the Department of Environmental Protection to meet the

119 objections of the Legislative Rule-Making Review

120 Committee and refiled in the State Register on December 17,

121 2013, relating to the Department of Environmental Protection

122 (voluntary remediation and redevelopment, 60 CSR 3), is

123 authorized, with the following amendment:

124 On page two, subsection 2.22., line twenty-one, following

125 the words “refers to a”, by striking the “A”; and
7 [Enr. Com. Sub. for S. B. No. 133

126 On page three, subsection 2.35., line twenty-six, by striking

127 the words “Section 3 of Article 22”; and

128 On page nine, paragraph 4.3.d.6., line thirty-five, by

129 striking the character “2” at the beginning of the line; and

130 On page nine, paragraph 4.3.d.6., line forty-five, following

131 the words “greater than”, by striking the character “2”; and

132 On page ten, subdivision 5.1.d., line three, following the

133 words “W.Va. Code §22-22”, by inserting a hyphen and the

134 words ‘1, et seq.’; and

135 On page fourteen, subdivision 5.3.k., line four, following

136 the words “and practical knowledge” by striking the

137 semi-colon; and

138 On page fifteen, subdivision 5.5.e., line three, by striking

139 the word “thirty” at the beginning of the line; and

140 On page nineteen, subparagraph 7.4.b.21.A., line twenty, by

141 renumbering the subparagraph as 7.4.b.1.A.; and

142 On page nineteen, subparagraph 7.4.b.31.B., line

143 twenty-four, by renumbering the subparagraph as 7.4.b.1.B.;

144 and

145 On page nineteen, subparagraph 7.4.b. .1.C., line

146 twenty-nine, by renumbering the subparagraph as 7.4.b.1.C.;

147 and

148 On page nineteen, paragraph 7.4.b.52., line thirty-three, by

149 renumbering the paragraph as 7.4.b.2.; and

150 On page nineteen, subparagraph 7.4.b.62.A., line

151 thirty-eight, by renumbering the subparagraph as 7.4.b.2.A.; and
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152 On page twenty, subparagraph 7.4.b.72.B, line one, by

153 renumbering the subparagraph as 7.4.b.2.B.; and

154 On page twenty, paragraph 7.4.b.83., line five, by

155 renumbering the it as subparagraph 7.4.b.2.C.; and

156 On page twenty, subparagraph 7.4.b.105, line fifteen, by

157 renumbering the subparagraph as 7.4.b.2.D.; and

158 On page thirty-six, paragraph 10.2.b., at the beginning of

159 line sixteen, by striking the “5", before the words “five days”;

160 and

161 On page thirty-eight, subdivision 11.4., line six,

162 following the words “have been submitted to the”, by striking

163 the word “Division” and inserting in lieu thereof the word

164 “Department”; and

165 On page thirty-eight, paragraph 12.2.a., line thirty-six,

166 following the words “applicant and determine within”, by

167 striking the word “sixty”; and

168 On page thirty-nine, paragraph 12.2.c., line fifteen,

169 following the words “finalreport was properly issued, he”, by

170 inserting the words “or she”.
9 [Enr. Com. Sub. for S. B. No. 133

The Joint Committee on Enrolled Bills hereby certifies that the

foregoing bill is correctly enrolled.

...............................................................

 Chairman Senate Committee

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 Chairman House Committee

 

Originated in the Senate.

In effect from passage.

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 Clerk of the Senate

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 Clerk of the House of Delegates

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 President of the Senate

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 Speaker of the House of Delegates

__________

The within ........................................................................... this 

the .............. Day of ................................................................., 2014.

.............................................................. 

 Governor