# dep

west virginia department of envir o nmental protection
E xe c utive Office 60 I 57 '" Street SE C harleston , W V 25304 E arl Ray Tomblin , Go v ern o r Randy C

. Hu f

fman , Cabinet Secretary w ww . dep .wv . g o v 

### July 8 , 2011

Mr

. Shawn M. Garvin Regional Administrator U

. S. EPA, Region III (3RAOO) 1650 Arch Street Philadelphia , PA 19103-2029
Re: Revision to the West Virginia State Implementation Plan Pursuant to Ambient Air Quality Standards

- Request For Approval
Dear Administrator Garvin:
On behalf of the State of West Virginia , I am herein submitting the 2011 Legislative Rule 45CSR8

- Ambient Air Qualit

y Standards, effective June 16 , 2011, as a revision to the State Implementation Plan (SIP). Included in this submittal is appropriate documentation , which validates that proper state and federal administrative procedural rulemaking requirements have been fulfilled.
Also included with this submittal is an electronic copy on compact disk in searchable pdf format

. We certify that the enclosed electronic copy contains an exact duplicate of information contained in the hard copy submission.
West Virginia requests that you approve this most recent version of 45CSR8 as a revision to the SIP, replacing the current version of 45CSR8 approved by EPA on February 10,2009 at 74FR6552

. If you have any questions regarding this submittal or require additional information , please contact John A. Benedict , Director of the Division of Air Quality, at (304) 926

- 0462.



# ~ ; ~
Randy C

. Huffman Cabinet Secretary
RCH / jlm 

### Enclosure cc: Diana Esher (3APOO) John A

. Benedict , Director , WVDEP

Promoting a healthy environment

.4 5 C S R 8



### TITLE 45 LEGISLATIVE RULE DEP ARTMENT O F ENVIRO NMENTAL P ROTECTI ON

AIR Q UALITY
SERIES 8 AMB IENT AIR Q UALITYSTANDARDS
§45- 8-1 . Gener al.
1.1. Scop e. - - T his rul e est abl is hes and ado pts ambient ai r qua li ty st and ar ds in We st V ir ginia for sul fur oxi des , parti cul at e m atte r, carbon m onox ide , ozo n e , nitrogen dio xid e and le ad, equ ivale nt to the nat ion al pri m ary and sec ondary ambient ai r qua li ty st and ar ds est abl is hed unde r Sec ti on 109 of the Cle an Air Act , and pro m ulgat ed by the Unit ed Sta te s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 50. Nat ion al pri m ary ambient ai r qua li ty st and ar ds def ine le vels of ai r qua li ty whic h the Admini strator j udges ar e nec ess ary, with an ade quate m ar gin of saf ety, to pro te ct the publ ic hea lth. Nat ion al sec ondary ambient ai r qua li ty st and ar ds def ine le vels of ai r qua li ty whic h the Admini strator j udges nec ess ary to pro te ct the publ ic wel fare fr om any known or ant ic ipa te d advers e e f f e c t s o f a p oll utant. T his rul e al so est abl is hes and ado pts ambient ai r m oni tor ing re f

e r enc e methods and equ ivale nt m ethods pro m ulgat ed by the Unit ed State s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 53. T he Sec re tary her eby ado pts the se st and ar ds an d me tho ds by re fe re nce
. T he Sec re tary al so adop ts the app end ic es to the se st and ar ds and methods

. T hes e st and ar ds and m ethods ar e sub

j ect to re visio n, and add it ion al pri m ary and sec ondary st and ar ds may be pro m ulgat ed as the Admini stratordee m s ne ces sary to pr ote ctth e publi c he al th andwel fare
. 1.2. Auth ori ty. -

- W. V a. Co de § 22- 5- 4.
1.3. Fil ing Dat e. - - J une 16, 2011

. 1.4. Eff ect ive Dat e. - - J une 16, 2011

. 1.5. Inco rpo rati on by Ref er enc e. - - Fede ra l Count erpart Regulat ion

. T he Sec re tary has det ermine d that a fe der al counte rpart re gulat ion exi st s, and in acc o rdance with the Sec re tary’s re commend at ion thi s rul e inc orp ora te s by re fe re nce 40 CFR Par t 5 0 , “ N a t i ona l Pri mary and Sec ondary Am bie nt Air Qual ity Standards ,” an d 40 CFR Part 53, “Am bie nt Air Mo nit ori ng Ref er enc e and Equi valent Me tho ds, ef fe ct ive June 1, 2 010. ”
1.6. Former Rule s. - - T his le gisla ti ve rul e amends 45CSR8

- “Am bie nt Air Qual ity Standards ” whic h was fi le d onApr il 30, 2010 andbec ame eff ect ive on June 1, 2 010. §45- 8-2 . Def

ini ti ons. 2.1. “Adminis tr at or” m ean s the Admini strator of the Unit ed Sta te s Enviro nm ent al Pro te ct ion Agency or his orherauthor ized r epr ese nta ti ve. 2.2. “Cl ean Air Act ” or “CAA” m ean s the fe der al Cle an Air Act , as amended, 42 U.S.C. §740 1 et seq
. 2.3. “Se cr et ary” mean s th e Sec re tary of the Departm ent of Enviro nm ent al Pro te ct ion or suc h oth er

14 5 C S R 8



### per son to whom the Sec re tary has del egate d author ity or dut ie s pur suant to W.V a. Code §§22

- 1- 6 or 22- 1- 8.
2.4. Othe r word s and phr ase s use d in thi s rule , unl ess oth erwis e ind ic at ed, sha ll have the m ean ing asc ri bed to the m in 40 CFR §50. 1. Wo rds and phr ase s not def ine d the re in sha ll have the m ean ing giv en to the m inth e f ede ra l Cl eanAirAct

. §45- 8-3 . Adopt ion of

Sta ndar ds.
3.1. T he Sec re tary her eby ado pts and inc orp ora te s by re fe re nce th e n a t i o n a l pri mary and sec ondary ambient ai r qua li ty st and ar ds pro m ulgat ed by the Unit ed Sta te s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 5 0, e ff

ect ive J une 1, 2 010. T hes e s tandards ar e a dopt ed f or the purpos e of est abl is hin g am bie nt ai r qua li ty st and ar ds in We st V ir ginia tha t ar e equ ivale nt to tho se est abl is hed unde r Sec ti on 109 of the Cle an AirAct , as amended.
3.2. T he S ecr et ary here by ado pts and inc orp ora te s by re fe re nce th e am bie nt ai r monit ori ng ref

er enc e m ethods and equ ivale nt m ethods pro m ulgat ed by the Unit ed State s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 53, ef

fe ct ive June 1, 2010

. T hes e st and ar ds ar e ado pte d for the pur pos e of est abl is hin g ambient ai r monit ori ng ref

er enc e method s and e qui valentm ethods inWe stV ir ginia

. §45- 8-4 . Inc onsi st enc y B et w een Rule s. 4.1. In the event of any inc ons is te ncy b e tw e e n thi s rul e and any oth er rul e of the We st V ir ginia Department of Enviro nm ent al Pro te ct ion , the inc on s i s t e n cy sha ll be re sol ved by the det ermina ti on of the Sec re tary and the det ermina ti on s hal l b e bas ed upon the app li cat ion of the m ore stri ngent p rovis ion , te rm, con dit ion , m ethod, orru le

.

24 5 C S R 8



### TITLE 45 LEGISLATIVE RULE DEP ARTMENT O F ENVIRO NMENTAL P ROTECTI ON

AIR Q UALITY
SERIES 8 AMB IENT AIR Q UALITYSTANDARDS
§45- 8-1 . Gener al.
1.1. Scop e. - - T his rul e est abl is hes and ado pts ambient ai r qua li ty st and ar ds in We st V ir ginia for sul fur oxi des , parti cul at e m atte r, carbon m onox ide , ozo n e , nitrogen dio xid e and le ad, equ ivale nt to the nat ion al pri m ary and sec ondary ambient ai r qua li ty st and ar ds est abl is hed unde r Sec ti on 109 of the Cle an Air Act , and pro m ulgat ed by the Unit ed Sta te s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 50. Nat ion al pri m ary ambient ai r qua li ty st and ar ds def ine le vels of ai r qua li ty whic h the Admini strator j udges ar e nec ess ary, with an ade quate m ar gin of saf ety, to pro te ct the publ ic hea lth. Nat ion al sec ondary ambient ai r qua li ty st and ar ds def ine le vels of ai r qua li ty whic h the Admini strator j udges nec ess ary to pro te ct the publ ic wel fare fr om any known or ant ic ipa te d advers e e f f e c t s o f a p oll utant. T his rul e al so est abl is hes and ado pts ambient ai r m oni tor ing re f

e r enc e methods and equ ivale nt m ethods pro m ulgat ed by the Unit ed State s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 53. T he Sec re tary her eby ado pts the se st and ar ds an d me tho ds by re fe re nce
. T he Sec re tary al so ado pts the app end ic es to the se st and ar ds and m ethods

. Such T hes e st and ar ds and m ethods ar e sub

j ect to re visio n, and add it ion al pri m ary an d sec ondary st and ar ds may be pr om ulgat ed as the Adm ini stratordee m s ne ces sary to pr ote ctth e publi c he al th andwel fare
. 1.2. Auth ori ty. -

- W. V a. Co de § 22- 5- 4.
1.3. Fil ing Dat e. - - Apr il 30, 2010

. 1.4. Eff ect ive Dat e. - - J une 1, 2 010.
1.5. Inco rpo rati on by Ref er enc e. - - Fede ra l Count erpart Regulat ion

. T he Sec re tary has det ermine d that a fe der al counte rpart re gulat ion exi st s, and in acc o rdance with the Sec re tary’s re commend at ion thi s rul e inc orp ora te s by re fe re nce 40 CFR Par t 5 0 , “ N a t i ona l Pri mary and Sec ondary Am bie nt Air Qual ity Standards ,” an d 40 CFR Part 53, “Am bie nt Air Mo nit ori ng Ref er enc e and Equi valent Me tho ds, ef fe ct ive June 1, 2 010. ”
1.5. 1.6. Form er Rule s. - - T his le gislati ve rul e amends 45CSR8

- “Am bie nt Air Q uali ty Standards ” whi ch was fi le d onMay 8, 2009 Apr il 30, 2010 andbec ame eff ect ive on June 1, 2 009 June 1, 2 010. §45- 8-2 . Anti -De gra dat ion P oli cy. 2.1. Pur suant to the bes t int er est s of the Sta te of We st V ir ginia , itis th e ob j ect ive of th e Se cr et ary to obt ai n an d maint ai n the c le ane stai r p oss ibl e, c ons is te nt with the b estavail abl e t echnol ogy
. 2.2. Wh er e the pre sen t ambient ai r is of bette r qua li ty than the est abl is hed st and ar ds, the Sec re tary wil l develo p lon g-range plans to pro te ct the dif fe re nce between the pre sen t qua li ty and the est abl is hed st and ar ds. T he plans wil l be bas ed upon the bes t avail abl e for eca st s of pro bab le land and ai r use s in the se ar eas of high

14 5 C S R 8



### ai r qual ity. 2.3. T he ai r qua li ty of the se ar eas wil l not be lowe re d unl ess it has bee n cl ear ly demonstrate d to the Sec re tary tha t suc h a change is j ust if iable as a re sul t of nec ess ary eco nomic or soc ia l develo pm ent and wil l not re sul t in st atuto ry ai r pol lut ion

. T his wil l re qui re tha t any industri a l , p ub l i c , or pri vate pro j ect or develo pm entwhi ch coul d const itute a new sourc e of air pol lut ant s, with in an are a of such high air qual ity, pro vide th e bes t pra ct ic abl e con tr ol avail abl e unde r exi st ing te chn olo gy as part of the ini ti al pro j ect or develo pm ent

. 2.4. T he pro m

ulgat ion of pri m ary and sec ondary ambient ai r qua li ty st and ar ds sha ll not be con si der ed in any mann erto al low si gnifi cant d et er ior at ionof exi st ing ai r qual ity in any port ionof We stV ir ginia

. §45- 8-3 . §45 -8- 2. Def

ini ti ons. 3.1. 2.1. “A dminis trator” mea ns the Admini strator of the Unit ed Sta te s Environ men tal P ro te ction Ag ency or his orherauthor ized r epr ese nta ti ve. 3.2. “Ai r Pol lut ant s” m ean s sol ids , li qui ds, or gases whic h, if dis charged int o the ai r, may resu lt in a st atuto ry ai r p oll uti on. 3.3. “Ai r Pol lut ion ” or ‘s tatut ory ai r pol lut ion ’, sha ll have the meani ng a scr ibe d to it in W.V a. Code §22-5- 2.
3.4. “Am

bie nt ai r” m ean s tha t porti on of the atmosp her e, ext ernal to bui ldi ngs, to whi c h th e genera l publ ic has ac ces s. 3.5. “Am

bie nt Air Qual ity Standards” mea ns th e nu meric al ex pres si on of a spe ci fi ed con cen tr at ion le vel for a parti cul ar ai r pol lut ant in the ambient ai r and the ti m e avera ging int erval over whic h tha t con cen tr at ion le vel i s measur ed.
3.6. 2.2. “Cl ean Air Act ” or “CAA” m ean s the fed er al Cle an Air Act, as amended, 42 U.S.C. §7401 et seq
. 3.7. “Equ ivale nt m ethod” m ean s a m ethod of sampli ng and ana lyzing the ambient ai r for an ai r pol lut ant tha t has bee n desi gnated as an equi valent m ethod in acc ord anc e with 40 CFR Part 53; it doe s not inc lud e a m ethod for whic h an equ ivale nt m ethod des ignat ion has bee n can cel le d in acc ord anc e with 40 CFR §53. 11 or 40 CFR § 53.1 6.

3 

### 3.8. “Ozone” m ean s the tri at omic oxyg en molec ule (O ), avery rea ct ive f orm of o xyg en. 3.9. “Part ic ula te Ma tt er ” m ean s any m at er ia l, exc ept unc om bin ed wat er , tha t exi st s in a fi nel y divid ed form as a l iqu id or sol id.
3.10

. “Pe rs on” m ean s any and a ll per son s, natura l or arti fi ci al , inc lud ing the st at e of We stV ir giniaor any oth er st at e , th e Unit ed Sta te s of Am er ic a, any m uni ci pal , st atuto ry, publ ic or pri vate corpor at ion organi zed or exi st ing unde r the laws of thi s or any oth er st at e or country, and any fi rm, partne rs hip o r ass oci at ionof

what ever n ature
.

24 5 C S R 8

2

. 5 

### 3.11

. “PM ” m ean s parti cul at e m atte r with an aer odynamic diam et er le ss than or equ al to a nominal 2.5 mic romete rs
.

1 0 

### 3.12

. “PM ” mean s parti cul at e matte r with an aer odynamic diam et er le ss than or equ al to a nominal 10 mic romete rs
. 3.13

. “Ref

er enc e m ethod” m ean s a method of sampli ng and ana lyzing the ambient ai r for an ai r pol lut ant tha t i s s pec if

ie d as a ref

er enc e methodinan app end ix to thi s part , ora metho d thathas bee n de si gnatedas a re fe re nce m ethod in acc ord anc e with 40 CFR Part 53; it doe s not inc lud e a m ethod for whic h a re fe re nce m ethod des ignat ionhas bee n cance ll ed i n ac cor dan ce with 40 CFR §53 .11 o r 4 0 CFR §5 3.16

. 3.14 . 2.3

. “Se cr et ary” m ean s the Sec re tary of the Department of En vi r o n m ent al Pro te ct ion or suc h oth erper sonto whom the Sec re tary has del egate d autho ri ty or dut ie s purs uan t t o W .V a. Co de § §22-1- 6 or 22- 1- 8.
3.15

. 2.4. Othe r word s and phr ase s use d in thi s rul e, unl ess oth erwis e ind ic at ed, sha ll have the m ean ing asc ri bed to the m in W.V a. Code §22-5- 1 et seq
. and 40 CFR §50. 1. Wo rds and phr ase s not def ine d the re in sha ll have the meani ng g iven t o them in the f ede ra l Cl eanAirAct

. §45- 8-4 . Amb ie nt Ai r Q ual it y St andar ds.
4.1. Standards for Sul fur Oxid es. - - No per son sha ll al low emissi ons of sul fur oxi des to the ambient ai r in any mann er whic h cau s es or si gnifi can tl y con tr ibute s to an exc eed anc e of the fol lowi ng pri m ary and sec ondary am

bie nt ai r qual ity stan dar ds:
4.1.a

. Annua l Ari thmeti c Me an Conc entrati on. - - T he le vel of the annual pri m ary st and ar d for sul fur oxi des is 0.03 0 parts per mil li on (pp m) and 8 0 micro gram s pe r c ubi c meter( ì g/m ), n ot to be e xce ede d i n 3 

### a cal end ar year. T he annual ar ithm et ic m ean sha ll be rounde d to thr ee dec imal pla ces (f ra ct ion al parts equ al to or great er

th an 0 .000 5 pp m

sha ll be rounde d up ). 4.1.b

. Maxim

um 24

- Hour Conc entrati on. - - T he le vel of the 24- hour pri mary st and ar d for sul fu r ox ides is 0.14 ppm (36 5 ì g/m ), not to be exc eed ed m ore than onc e per cal end ar year. T he 24- hour avera ges sha ll 3 

### be det ermine d fr om suc ces si ve non-ov er lappi ng 24- hour blo cks st arti ng at midn ight eac h cale ndar day and sha ll be rounde d to two dec imal pla ces (f ra ct ion al parts equ al to or great er than 0.00 5 ppm sha ll be rounde d up)

. 4.1.c

. T o dem ons tr at e att ai nm ent with the sul fur oxi des pri m ary st and ar ds in subd ivisi ons 4.1.a and 4.1.b , the annual ar ithm et ic m ean and the sec ond-highest 24- hour avera ges m ust be bas ed upon hour ly dat a tha t ar e at le ast 75 per cen t complet e in eac h cal end ar quart er
. A 24- hour blo ck avera ge sha ll be con si der ed valid if at le ast 75 per cen t of the hour ly avera ges for the 24- hour per iod ar e avail abl e. In the event tha t onl y 18, 19, 20, 21, 22, or 23 hourl y avera ges ar e av ai lable , the 24- hour blo ck avera ge shal l b e com put ed as the sum of the avail abl e hourl y avera ges usi ng 18, 19, etc. as the divis or. I f fewe r than 18 hour ly avera ges ar e avail abl e, but the 24- hour avera ge woul d exc eed the le vel of the st and ar d when zeros ar e sub st itute d for the mis si ng values , sub

j ect t o the roundi ng in sub divis ion 4.1.b , the n thi s sha ll be con si der ed a valid 24- hour avera ge. In th i s cas e, the 24- hour blo ck avera ge sha ll be compute d as the sum of the avail abl e hour ly avera ges di vided b y 24. 4.1.d

. Ma ximum T hre e (3) Hour Conc entrati on. - - T he le vel o f the 3- hour sec ondary st and ar d for

34 5 C S R 8



### sul furoxi des is 0.5 ppm, (130 0 ì g/m ), n ot to be exc eed ed more than onc e per year. T he 3

- houravera ges 3 

### sha ll be det ermine d from suc ces si ve non-ov er lappi ng 3- hour blo cks st arti ng at midn ight eac h cal end ar day and sha ll be rounde d to one dec imal pla ce (f ra ct ion al parts equ al to or great er than 0.05 ppm sha ll be rounde d up)

. 4.1.e

. T o demonstrate atta inment with the sul fur oxi des sec ondary st and ar d in sub divis ion 4.1.d , the sec ond-highest 3- hour avera ge m ust be bas ed upon hour ly dat a tha t ar e at le ast 75 per cen t complet e in eac h cal end ar quart er
. A 3- hour blo ck avera ge sha ll be con si der ed valid onl y if al l thr ee hour ly avera ges for the 3- hour per iod ar e avail abl e. I f onl y one or two hour ly avera ges ar e avail abl e, but the 3- hour avera ge woul d exc eedth e l evel o f the s tandard when zeros ar e sub st itute d for the mis si ng valu es, sub j ect to the ro undi ng i n s ubdi visio n 4.1.d , the n thi s sha ll be con si der ed a valid 3- hour avera ge. In al l cas es, the 3- ho ur b l o c k avera ge shal l b e c om

put ed a s the s um

of th e ho url y av er ages di vided b y thre e. 4.2. Standards for Parti cul at e Ma tt er
. - - No per son sha ll al low emissi ons of parti cul a t e m atte r to the ambient ai r in any m ann er whic h cau ses or si gnifi can tl y con tr ibute s to an exc eed anc e of the fol lowi ng pri m ary and se con dary am bie nt ai r qual ity stan dar ds:

1 0 

### 4.2.a

. PM Ma ximum 24- Hour Ave r age Conc entrati on. - - T he le vel of the pri mary and sec ondary
1 0 

### 24- hour st and ar ds for PM is 150 ì g/m

. T he st and ar ds ar e atta ine d when the exp ect ed number of days per 3 

### cal end ar year with a 24- hour avera ge con cen tr at ion abo ve 150 ì g/m , as det ermine d in acc ord anc e with 3 

### Appen dixKof

40 CF R Part 5 0, i s l ess th an o r e qua l t o on e.

2

. 5 

### 4.2.b

. PM Ma ximum Annua l Ari thmeti c Me an Conc entrati on. - - T he le vel of the annual pri m ary and

2

. 5 

### sec ondary st and ar ds for PM ar e 15.0 ì g/m

. T he st and ar ds ar e m et wh e n th e an nu a l ar ithm et ic m ean 3 

### con cen tr at ion , as det ermine d in acc ord anc e with Appen dix N of 40 CFR Part 50, is le ss than or equ al to 15.0 ì g/m

. 3

2

. 5 

### 4.2.c

. PM Ma ximum 24- Hour Average Conc entrati on. - - T he le vel of the 24- hour pri m ary and

2

. 5 

### sec ondary st and ar ds for PM ar e 35 ì g/m

. T he st and ar d s ar e m et when the 98 per cen ti le 24- hour 3 t h 

### con cen tr at ion , as det ermine d in acc ord anc e with Appen dix N of 40 CFR Part 50, is le ss than or equ al to 35 ì g/m

. 3


### 4.3. Standards for Car

bon Mo noxi de.

- - No p e r s on sha ll al low emissi ons of carbon m onox ide to the ambient ai r in any m ann er whic h cau ses or si gnifi can tl y con tr ibute s to an exc eed anc e of the fol lowi ng pri m ary am

bie nt ai r qual ity stan dar ds:
4.3.a

. Ma ximum Eight (8) Hour Average Conc entrati on. - - T he le vel of the pri mary 8- hour st and ar d for carbon m onox ide is 9 ppm and 10 mg/m , not to be exc eed ed m ore than onc e per year. An 8- hour avera ge 3 

### sha ll be cons ide re d v al id if at le ast 75 perc ent of the hour ly avera ge for the 8- hour per iod ar e av ai lable

. In the event tha t onl y si x (or seven) hour ly avera ges ar e avail abl e, the 8- hour avera ge sha ll be compute d on the bas is of th e ho urs avail abl e us ing si x ( or seven) as th e di visor

. 4.3.b

. Carbon Mo noxi de Ma ximum One (1) Hour Average con cen tr at ion

. - - T he le vel of the pri m ary 1- hourst and ar d f

or carbon m onox ide is 35 p pm (4 0 mg/m ), n ot to be e xce ede d more thanonc e pe r year
.

3


### 4.3.c

. Wh en summar izing dat a for compari son with the pri m ary carbon m onox ide st and ar ds unde r sub divis ion s 4.3.a and 4.3.b , avera ges sha ll be st at ed to one dec imal pla ce. Com par is on of the dat a with the le vels of the st and ar ds in parts per mil li on shal l be made in te rms of int egers with frac ti ona l parts of 0.5 or

44 5 C S R 8



### great erro undi ng up. 4.4. Standards for Ozone.

- - No per son sha ll al low emissi ons of ozone to the ambient ai r in any m ann er whic h cau ses or si gnifi can tl y con tr ibute s to an exc eed anc e of the fol lowi ng pri m ary and sec ondary ambient ai r qual ity stan dar ds:
4.4.a

. Eight-Hour Pri m ary an d Sec ondary Standards

. - - T he le vel of the ei ght (8) h o ur p r imary and sec ondary am

bie nt ai r qual ity stan dar ds f or ozone i s 0. 075 ppm, dail y maxi m um 8- houravera ge. 4.4.b

. T he 8- hour pri m ary and se con dary oz one ambientai r qual ity stan dar ds are m et at an am bie nt ai r qua li ty m on i t o r i n g si te when the avera ge of the annual fourth- highes t dai ly m axi m um 8- hour avera ge ozone con centr at ion is le ss than or equ al to 0.07 5 ppm, as det ermine d in acc ord anc e with Appen dix P to 40 CFR Part 5 0.
4.5. Standards for Nitrogen Diox ide

. -- N o per son sha ll al low emissi ons of nitrogen dio xid e to the ambient ai r in any m ann er whic h cau ses or si gnifi can tl y con tr ibute s to an exc eed anc e of the fol lowi ng pri m ary and se con dary am bie nt ai r qual ity stan dar ds:
4.5.a

. Ma x i mum A n nu a l Ari thmeti c Me an Conc entrati on. - - T he le vel of the annual pri m ary and sec ondary st and ar ds f

or nitrogen d iox ide is 0.05 3 pp m and100 ì g/m

. 3


### 4.5.b

. T he annu al pri m ary and sec ondary st and ar ds for nitrogen dio xid e under sub divis ion 4.5.a ar e atta ine d when the annual ar ithm et ic m ean con cen tr at ion in a cal end ar year is le ss than or equ al to 0.05 3 ppm, rounde d to thr ee dec imal pla ces (f ra ct ion al parts equ al to or great er than 0.00 05 ppm m ust be rounde d up)

. T o demonstrate atta inment, an annual me an m ust be bas ed upon hour ly dat a tha t ar e at le ast 75 per cen t complet e or upon dat a der ived fr om m anu al m ethods tha t ar e at le ast 75 per cent complet e for the sch edu le d sampli ng days inea ch c al end arquart er
. 4.6. Standards for Lea d.

- - No per son sha ll al low emissi ons o f l e a d an d it s compounds , m eas ure d as el emental le ad, to the ambient ai r in any m ann er whic h cau ses or si gnifi can tl y con tr ibute s to an exc eed anc e of the fo ll owin g primary and s eco ndary am bie nt ai r qual ity stan dar ds:
4.6.a

. Ma ximum Ari thmeti c Me an Conc entrati on. - - T he le vel of the pri mary and sec ondary ambient ai r qual ity stan dar ds f

or le ad and i ts compounds is 1.5 ì g/m , avera ged over aca le ndar quarte r. 3


### 4.6.b

. T he ambient ai r qua li ty st and ar ds for le ad set forth in sub divis ion 4.6.a wil l re m ai n app li cab le to al l ar eas notwithst and ing the pro m ulgat ion of pri m ary and sec ondary ambient ai r qua li ty st and ar ds for le ad in sub divis ion 4.6.c

. T he st and ar ds for le ad set forth in sub divis ion 4.6.a wil l no lon ger app ly to an ar ea one year af te r the ef fe ct ive dat e of the des ignat ion of tha t ar ea, pur suant to Sec ti on 107 of the Cle an Air Act , for the le ad s tandards se t f

orth i n subdi visio n 4.6 .c. 4.6.c

. Ma ximum Ari thmeti c Me an Conc entrati on. - - T he nat ion al pri m ary and sec ondary ambient ai r qua li ty st and ar ds for le ad and it s compounds ar e 0.15 ì g/m , ar ithm et ic m ean con cen tr at ion over a 3- m onth 3 

### per iod

. 4.6.d

. T he nat ion al pri m ary and sec ondary ambient ai r qua li ty st and ar ds unde r sub divis ion 4.6.c ar e m et when the m axi m

um ar ithme t i c 3- m onth m ean con cen tr at ion for a 3- year per iod , as det ermine d in acc ord anc e wi th Appen dix R of 40 CF R Part 5 0, i s l ess th an o r e qua l t o 0.1 5 ì g/m

. 3

54 5 C S R 8



### §45- 8-5 . Me tho ds o f

Me asur em ent .

1 0 

### 5.1. For the pur

pos e of det ermini ng atta inment of the pri m ary and sec ondary PM s t an d ar ds unde r
1 0 

### sub divis ion4.2. a, p arti cul at e matte r s hal l b e measur ed i n the am bie nt ai r a s PM by:
5.1.a

. A re fe re nce m ethod bas ed on Appen dix J of 40 CFR Part 50 and des ignat ed in acc ord anc e with 40 CFR P art 5 3; or 5.1.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3.
5.2. Forth e purpos e of det ermini ng att ai nm entof th e pr imary and s eco ndary sul furoxi des st and ar ds unde r s ubs ect ion4.1, sul furoxi des sha ll be meas ure d i n the am bie nt ai r a s s ulf

ur dio xid e by:
5.2.a

. T he r ef

er enc e methoddes cr ibe d i n Appe ndi x A of 40 CF R Part 5 0 ; or 5.2.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3.

2

. 5 

### 5.3. For the purpos e of d e t e rmi n ing atta inment of the pri m ary and sec ondary PM st and ar ds unde r
2

. 5 

### sub divis ion s 4. 2.b and 4 .2.c , part ic ulate m atte r s hal l b e measur ed i n the am bie nt ai r a s PM by:
5.3.a

. A re fe re nce m ethod bas ed on Appen dix L of 40 CFR Part 50 and des ignat ed in acc ord anc e with 40 CFR P art 5 3; or 5.3.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3.
5.4. For the purpos e of det ermini ng atta inment of the pri m ary carbon mo n o xid e st and ar ds unde r sub sec ti on 4 .3, c ar

bon m onox ide con cen tr at ion s s hal l b e measur ed i n the am bie nt ai r b y: 5.4.a

. A re fe re nce m ethod bas ed on Appen dix C of 40 CFR Part 50 and des ignat ed in acc ord anc e with 40 CFR P art 5 3; or 5.4.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3.
5.5. F o r the purpos e of det ermini ng atta inment of the pri mary and sec ondary ozone st and ar ds unde r sub sec ti on 4 .4, o zone co nce ntr at ion s s hal l b e measur ed i n the am bie nt ai r b y a ref

er enc e methodbas ed o n Appen dixD to 40 CF R Part 5 0 an d de si gnatedinac cor dan ce with 40 CFR Part 5 3.
5.6. For the purpos e of det ermini ng atta inment of the pri m ary and sec ondary nitrogen dio xid e st and ar ds unde r s ubs ect ion4.5, ni tr ogen di oxi de c onc entrati ons sha ll be m eas ure d i n the am bie nt ai r b y: 5.6.a

. A re fe re nce m ethod bas ed on Appen dix F of 40 CFR Part 50 and des ignat ed in acc ord anc e with 40 CFR P art 5 3; or 5.6.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3.
5.7. For the purpos e of det ermini ng atta inment of the pri m ary and sec ondary le ad s t an d ards unde r sub divis ion4.6. a, l eadcon centr at ion s s hal l b e measur ed a s e le ment al le ad i n the am bie nt ai r b y:

64 5 C S R 8



### 5.7.a

. A re fe re nce m ethod bas ed o n Appe ndi x G of 40 CF R Part 5 0; or 5.7.b

. An equival entm ethod.
5.8. For the purpos e o f d e t ermini ng atta inment of the pri m ary and sec ondary le ad st and ar ds unde r sub divis ion4.6. c, l eadcon centr at ion s s hal l b e measur ed i n the am bie nt ai r a s l eadei the r b y: 5.8.a

. A re fe re nce m ethod bas ed on Appen dix G of 40 CFR Part 50 and des ignat ed in acc ord anc e with 40 CFR P art 5 3; or 5.8.b

. An equival entm ethod des ignat ed i n ac cor dan ce with 40 CFR Part 5 3. §45- 8-6 . Ref

ere nce Condi ti ons. 6.1. All m eas ure ment s of ai r qua li ty tha t ar e exp re sse d as mass per uni t volum e (e .g., mic rogram s per
2

. 5 

### cub ic met er ) othe r than for the PM st and ar ds con ta ine d in sub divis ion s 4.2.b and 4.2.c sha ll be corre ct ed to a re fe re nce te m

per ature of 25 C and a re fe re nce pre ssure of 760 mil li met er s of m er cury (10 13.2 mil li bar s)

.

O

2

. 5 

### Me asure m ent s of PM for pur pos es of compari son to the st and ar ds con ta ine d in sub divis ion s 4.2.b and 4.2.c sha ll be re porte d bas ed on actual ambient ai r volum e m eas ure d at th e a c tual ambient te m per ature and pre ssure atth e monit ori ng sit e duri ng the m eas ure m entper iod

. §45- 8-3 . Adopt ion of

Sta ndar ds.
3.1. T he Sec re tary her eby ad o p t s an d i nco rpo rate s by re fe re nce the nat ion al pri mary and sec ondary ambient ai r qua li ty st and ar ds pro m ulgat ed by the Unit ed Sta te s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 5 0, ef

fe ct ive J une 1, 2 010. T hes e s tandards ar e a dopt ed f or the pur pos e of es tabli shi ng am

bie nt ai r qua li ty st and ar ds in We st V ir ginia tha t ar e equ ivale nt to tho se est abl is hed unde r Sec ti on 109 of the Cle an AirAct , as amended.
3.2. T he S ecr et ary here by ado pts and inc orp ora te s by re fe re nce th e am bie nt ai r monit ori ng ref

er enc e m ethods and equ ivale nt m ethods pro m ulgat ed by the Unit ed State s Enviro nm ent al Pro te ct ion Agency unde r 40 CFR Part 53, ef

fe ct ive June 1, 2010

. T hes e st and ar ds ar e ado pte d for the pur pos e of est abl is hin g ambient ai r monit ori ng ref

er enc e method s and e qui valentm ethods inWe stV ir ginia

. §45 -8- 7. § 45- 8-4 . Inc onsi st enc y B et w een Rule s. 7.1. 4.1. In the event of any inc ons is te ncy between thi s rul e and any oth er rul e of the We stV ir ginia Department of Enviro n me n t a l Pro te ct ion , the inc ons is te ncy sha ll be re sol ved by the det ermina ti on of the Sec re tary and the det ermina ti on s hal l b e bas ed upon the app li cat ion of the m ore stri ngent p rovis ion , te rm, con dit ion , m ethod, orru le

.

7

### 45CSR8



### TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY SERIES 8 AMBIENT AIR QUALITY STANDARDS

§45-8-1. General. 1.1. Scope. -- This rule establishes and adopts ambient air quality standards in West Virginia for sulfur oxides, particulate matter, carbon monoxide, ozone, nitr ogen dioxide and lead, equi valent to the national primary and secondary ambient air quality standards est ablished under Section 109 of the Clean Air Act, and promulgated by the United States Environmental Protec tion Agency under 40 CFR Part 50. National primary ambient air quality standards define levels of air quality which the Administrator judges are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality which the Administrato r judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. This rule also establishes and adopts ambient air monitoring reference methods and e quivalent methods promulgated bythe United States Environmental Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by reference. The Secretary also adopts th e appendices to these standards and methods. SuchThese standards and methods are subject to revision, and additional primary and secondary standards may be promulgated as the Administrator deems necessary to pr otect the public health and welfare. 1.2. Authority. -- W.Va. Code §22-5-4. 1.3. Filing Date. -- April 30, 2010

. 1.4. Effective Date. -- June 1, 2010

. 1.5. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart regulation exists, and in acco rdance with the Secretary’s recommendation this rule incorporates by reference 40 CFR Part 50, “National Primary and Secondary Ambient Air Quality Standards,” and 40 CFR Part 53, “Ambient Air Monitoring Referen ce and Equivalent Methods, effective June 1, 2010.”
1.5. 1.6. Former Rules. -- This legislative rule amends 45CSR8 - “Ambient Air Quality Standards” which was filed on May 8, 2009 April 30, 2010 and became effective on June 1, 2009 June 1, 2010

. §45-8-2. Anti-Degradation Policy. 2.1. Pursuant to the best interests of the State of West Virginia, it is the objective of the Secretary to obtain and maintain the cleanest air possible, consistent with the best available technology. 2.2. Where the present ambient air is of better quality than the established standards, the Secretary will develop long-range plans to protect the difference be tween the present quality and the established standards. The plans will be based upon the best available forecast s of probable land and air uses in these areas of high air quality.

1

### 45CSR8



### 2.3. The air quality of these areas will not be lowered unless it has been clearly demonstrated to the Secretary that such a change is justifiable as a r esult of necessary economic or social development and will not result in statutory air pollution. This will require that any industrial, public, or private project or development which could constitute a new source of air pollutants, within an area of such high air quality, provide the best practicable control available under existing technology as part of the initial project or development. 2.4. The promulgation of primary and secondary ambi ent air quality standards shall not be considered in any manner to allow significant deterioration of existing air quality in any portion of West Virginia. §45-8-3. §45-8-2. Definitions.
3.1. 2.1. “Administrator” means the Administrator of th e United States Environmental Protection Agency or his or her authorized representative. 3.2. “Air Pollutants” means solids, liquids, or gases wh ich, if discharged into the air, may result in a statutory air pollution. 3.3. “Air Pollution” or ‘statutory air pollution’, sh all have the meaning ascribed to it in W.Va. Code §22-5-2. 3.4. “Ambient air” means that portion of the atmos phere, external to buildings, to which the general public has access. 3.5. “Ambient Air Quality Standards” means the numer ical expression of a specified concentration level for a particular air pollutant in the ambient air and th e time averaging interval over which that concentration level is measured.
3.6. 2.2. “Clean Air Act” or “CAA” means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 3.7. “Equivalent method” means a method of sampling and analyzing the ambient air for an air pollutant that has been designated as an equivalent method inaccordance with 40 CFR Part 53; it does not include a method for which an equivalent method designation has been cancelled in accordance with 40 CFR §53.11 or 40 CFR §53.16. 3.8. “Ozone” means the triatomic oxygen molecule (O 3 

### ), a very reactive form of oxygen. 3.9. “Particulate Matter” means any material, except unc ombined water, that exists in a finely divided form as a liquid or solid. 3.10. “Person” means any and all persons, natural or artif icial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature.
3.11. “PM 2.5 

### ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers.

2

### 45CSR8



### 3.12. “PM 10 

### ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. 3.13. “Reference method” means a method of sampling and analyzing the ambient air for an air pollutant that is specified as a reference method in an appendix to this part, or a method that has been designated as a reference method in accordance with 40 CFR Part 53; it does not include a method for which a reference method designation has been cancelled in accordance with 40 CFR §53.11 or 40 CFR §53.16.
3.14. 2.3. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authorityor duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.
3.15. 2.4. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in W.Va. Code §22-5-1 et seq. and 40 CFR §50.1. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act. §45-8-4. Ambient Air Quality Standards. 4.1. Standards for Sulfur Oxides. -- No person shall a llow emissions of sulfur oxides to the ambient air in any manner which causes or significantly contributes to an exceedance of the following primary and secondary ambient air quality standards: 4.1.a. Annual Arithmetic Mean Concentration. -- The level of the annual primary standard for sulfur oxides is 0.030 parts per million (ppm) and 80 micrograms per cubic meter ( μ g/m 3 

### ), not to be exceeded in a calendar year. The annual arithmetic mean shall berounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm shall be rounded up). 4.1.b. Maximum 24-Hour Concentration. -- The level of the 24-hour primary standard for sulfur oxides is 0.14 ppm (365 μ g/m 3 

### ), not to be exceeded more than once pe r calendar year. The 24-hour averages shall be determined from successive non-overlapping 24-hour bl ocks starting at midnight each calendar day and shall be rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm shall be rounded up). 4.1.c. To demonstrate attainment with the sulfur oxides primary standards in subdivisions 4.1.a and 4.1.b, the annual arithmetic mean and the second-highest 24-hour averages must be based upon hourly data that are at least 75 percent complete in each calenda r quarter. A 24-hour block average shall be considered valid if at least 75 percent of the hourly averages for th e 24-hour period are available. In the event that only 18, 19, 20, 21, 22, or 23 hourly averages are available, the 24-hour block average shall be computed as the sum of the available hourly averages using 18, 19, etc. as the divisor. If fewer than 18 hourly averages are available, but the 24-hour average would exceed the leve l of the standard when zeros are substituted for the missing values, subject to the rounding in subdivision 4. 1.b, then this shall be considered a valid 24-hour average. In this case, the 24-hour block average sh all be computed as the sum of the available hourly averages divided by 24. 4.1.d. Maximum Three (3) Hour Concentration. -- The level of the 3-hour secondary standard for sulfur oxides is 0.5 ppm, (1300 μ g/m 3 

### ), not to be exceeded more than once per year. The 3-hour averages shall be determined from successive non-overlapping 3- hour blocks starting at midnight each calendar day and shall be rounded to one decimal place (fractional part s equal to or greater than 0.05 ppm shall be rounded up).

3

### 45CSR8



### 4.1.e. To demonstrate attainment with the sulfur oxides secondary standard in subdivision 4.1.d, the second-highest 3-hour average must be based upon hourly data that are at least 75 percent complete in each calendar quarter. A 3-hour block average shall be cons idered valid only if all three hourly averages for the 3-hour period are available. If only one or two hourly averages are available, but the 3-hour average would exceed the level of the standard when zeros are subs tituted for the missing values, subject to the rounding in subdivision 4.1.d, then this shall be considered a valid 3-hour average. In all cases, the 3-hour block average shall be computed as the sum of the hourly averages divided by three. 4.2. Standards for Particulate Matter. -- No person sh all allow emissions of particulate matter to the ambient air in any manner which causes or signifi cantly contributes to an exceedance of the following primary and secondary ambient air quality standards:
4.2.a. PM 10

### Maximum 24-Hour Average Concentration. -- The level of the primary and secondary 24-hour standards for PM 10

### is 150 μ g/m 3 

### . The standards are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μ g/m 3 

### , as determined in accordance with Appendix K of 40 CFR Part 50, is less than or equal to one. 4.2.b. PM 2.5 

### Maximum Annual Arithmetic Mean Concentrati on. -- The level of the annual primary and secondary standards for PM 2.5 

### are 15.0 μ g/m 3 

### . The standards are met when the annual arithmetic mean concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 15.0 μ g/m 3



### . 4.2.c. PM 2.5 

### Maximum 24-Hour Average Concentration. -- The level of the 24-hour primary and secondary standards for PM 2.5 

### are 35 μ g/m 3 

### . The standards are met when the 98 th

### percentile 24-hour concentration, as determined in accordance with Appendi x N of 40 CFR Part 50, is less than or equal to 35 μ g/m 3



### . 4.3. Standards for Carbon Monoxide. -- No person sh all allow emissions of carbon monoxide to the ambient air in any manner which causes or significantly contributes to an exceedance of the following primary ambient air quality standards: 4.3.a. Maximum Eight (8) Hour Average Concentration. -- The level of the primary 8-hour standard for carbon monoxide is 9 ppm and 10 mg/m 3 

### , not to be exceeded more than once per year. An 8-hour average shall be considered valid if at least 75 percent of th e hourly average for the 8-hour period are available. In the event that only six (or seven) hourly averages are av ailable, the 8-hour average shall be computed on the basis of the hours available using six (or seven) as the divisor. 4.3.b. Carbon Monoxide Maximum One (1) Hour Averag e concentration. -- The level of the primary 1-hour standard for carbon monoxide is 35 ppm (40 mg/m 3 

### ), not to be exceeded more than once per year. 4.3.c. When summarizing data for comparison w ith the primary carbon monoxide standards under subdivisions 4.3.a and 4.3.b, averages shall be stated to one decimal place. Comparison of the data with the levels of the standards in parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounding up. 4.4. Standards for Ozone. -- No person shall allow emi ssions of ozone to the ambient air in any manner which causes or significantly contributes to an exceed ance of the following primary and secondary ambient air quality standards:

4

### 45CSR8



### 4.4.a. Eight-Hour Primary and Secondary Standards. -- The level of the eight (8) hour primary and secondary ambient air quality standards for ozone is 0.075 ppm, daily maximum 8-hour average. 4.4.b. The 8-hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppm, as determined in accordance with Appendix P to 40 CFR Part 50. 4.5. Standards for Nitrogen Dioxide . -- No person shall allow emissi ons of nitrogen dioxide to the ambient air in any manner which causes or signifi cantly contributes to an exceedance of the following primary and secondary ambient air quality standards: 4.5.a. Maximum Annual Arithmetic Mean Concentration. -- The level of the annual primary and secondary standards for nitroge n dioxide is 0.053 ppm and 100 μ g/m 3



### . 4.5.b. The annual primary and secondary standards for nitrogen dioxide under subdivision 4.5.a are attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hourly data that are at least 75 percent complete or upon data derived from manual methods that are at least 75 percent complete for the scheduled sampling days in each calendar quarter. 4.6. Standards for Lead. -- No person shall allow emissions of lead and its compounds, measured as elemental lead, to the ambient air in any manner wh ich causes or significantly contributes to an exceedance of the following primary and secondary ambient air quality standards: 4.6.a. Maximum Arithmetic Mean Concentration. -- The level of the primary and secondary ambient air quality standards for lead and its compounds is 1.5 μ g/m 3 

### , averaged over a calendar quarter. 4.6.b. The ambient air quality standards for lead set forth in subdivision 4.6.a will remain applicable to all areas notwithstanding the promulgation of primar y and secondary ambient air quality standards for lead in subdivision 4.6.c. The standards for lead set forth in subdivision 4.6.a will no longer apply to an area one year after the effective date of the designation of thatarea, pursuant to Section 107 of the Clean Air Act, for the lead standards set forth in subdivision 4.6.c. 4.6.c. Maximum Arithmetic Mean Concentration. -- The national primary and secondary ambient air quality standards for lead and its compounds are 0.15 μ g/m 3 

### , arithmetic mean concentration over a 3-month period. 4.6.d. The national primary and secondary ambient air quality standards under subdivision 4.6.c are met when the maximum arithmetic 3-month mean con centration for a 3-year period, as determined in accordance with Appendix R of 40 CFR Part 50, is less than or equal to 0.15 μ g/m 3



### . §45-8-5. Methods of Measurement. 5.1. For the purpose of determining attainment of the primary and secondary PM 10

### standards under subdivision 4.2.a, particulate matter shall be measured in the ambient air as PM 10

### by: 5.1.a. A reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with
5

### 45CSR8



### 40 CFR Part 53; or 5.1.b. An equivalent method designated in accordance with 40 CFR Part 53. 5.2. For the purpose of determining attainment of the primary and secondary sulfur oxides standards under subsection 4.1, sulfur oxides shall be measured in the ambient air as sulfur dioxide by: 5.2.a. The reference method described in Appendix A of 40 CFR Part 50 ; or 5.2.b. An equivalent method designated in accordance with 40 CFR Part 53. 5.3. For the purpose of determining attainment of the primary and secondary PM 2.5 

### standards under subdivisions 4.2.b and 4.2.c, particulate matter shall be measured in the ambient air as PM 2.5 

### by: 5.3.a. A reference method based on Appendix L of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53; or 5.3.b. An equivalent method designated in accordance with 40 CFR Part 53. 5.4. For the purpose of determining attainment of the primary carbon monoxide standards under subsection 4.3, carbon monoxide concentrations shall be measured in the ambient air by: 5.4.a. A reference method based on Appendix C of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53; or 5.4.b. An equivalent method designated in accordance with 40 CFR Part 53. 5.5. For the purpose of determining attainment of the primary and secondary ozone standards under subsection 4.4, ozone concentrations shall be measure d in the ambient air by a reference method based on Appendix D to 40 CFR Part 50 and designated in accordance with 40 CFR Part 53. 5.6. For the purpose of determining attainment of the primary and secondary nitrogen dioxide standards under subsection 4.5, nitrogen dioxide concentrati ons shall be measured in the ambient air by: 5.6.a. A reference method based on Appendix F of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53; or 5.6.b. An equivalent method designated in accordance with 40 CFR Part 53. 5.7. For the purpose of determining attainment of the primary and secondary lead standards under subdivision 4.6.a, lead concentrations shall be measured as elemental lead in the ambient air by: 5.7.a. A reference method based on Appendix G of 40 CFR Part 50; or 5.7.b. An equivalent method. 5.8. For the purpose of determining attainment of the primary and secondary lead standards under subdivision 4.6.c, lead concentrations shall be measured in the ambient air as lead either by:

6

### 45CSR8



### 5.8.a. A reference method based on Appendix G of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53; or 5.8.b. An equivalent method designated in accordance with 40 CFR Part 53. §45-8-6. Reference Conditions. 6.1. All measurements of air quality that are expressed as mass per unit volume (e.g., micrograms per cubic meter) other than for the PM 2.5 

### standards contained in subdivisions 4.2.b and 4.2.c shall be corrected to a reference temperature of 25 O 

### C and a reference pressure of 760 millimeters of mercury (1013.2 millibars). Measurements of PM 2.5 

### for purposes of comparison to the standards contained in subdivisions 4.2.b and 4.2.c shall be reported based on actual ambient air volume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period. §45-8-3. Adoption of Standards.
3.1. The Secretary hereby adopts and incorporates by reference the national primary and secondary ambient air quality standards promulgated by the Un ited States Environmental Protection Agency under 40 CFR Part 50, effective June 1, 2010. These standards are adopted for the purpose of establishing ambient air quality standards in West Virginia that are equivalentto those established under Section 109 of the Clean Air Act, as amended.
3.2. The Secretary hereby adopts and incorporates byreference the ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 CFR Part 53, effective June 1, 2010. These standards are adopted for the purpose of establishing ambient air monitoring reference methods and e quivalent methods in West Virginia. §45-8-7. §45-8-4. Inconsistency Between Rules.
7.1. 4.1. In the event of any inconsistency between this rule and any other rule of the West Virginia Department of Environmental Protection, the inconsiste ncy shall be resolved by the determination of the Secretary and the determination shall be based upon the application of the more stringent provision, term, condition, method, or rule.

7

### COMMITTEE SUBSTITUTE FOR 

# Senate Bill No. 121
(By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer)

__________ [Originating in the Committee on the Judiciary; reported February 23, 2011.]

__________ 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 the

### Com. Sub. for S. B. No. 121] 2 State Register and as amended by the Legislature; 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 certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing the Department of EnvironmentalProtection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; 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 of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of perfor-

### [Com. Sub. for S. B. No. 121 3 mance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solidwaste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment; 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 the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate alegislative rule relating to requirements governing groundwater standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards. Be it enacted by the Legislature of West Virginia:

### Com. Sub. for S. B. No. 121] 4 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. 

### §64-3-1. Department of Environmental Protection. (a) The legislative rule filed in the state register on the 1 thirtieth day of July, two thousand ten, authorized under the 2 authority of section six, article eighteen, chapter twenty-two 3 of this code, modified by the Department of Environmental 4 Protection to meet the objections of the Legislative Rule5 Making Review Committee and refiled in the state register 6 on the twenty-first day of September, two thousand ten, 7 relating to the Department of Environmental Protection 8 (hazardous waste management system, 33 CSR 20), is 9 authorized. 10 (b) The legislative rule filed in the state register on the 11 thirtieth day of July, two thousand ten, authorized under the 12 authority of section four, article three, chapter twenty-two 13 of this code, modified by the Department of Environmental 14 Protection to meet the objections of the Legislative Rule15 Making Review Committee and refiled in the state register 16

### [Com. Sub. for S. B. No. 121 5 on the eighteenth day of January, two thousand eleven, 17 relating to the Department of Environmental Protection 18 (surface mining reclamation, 38 CSR 2), is authorized with 19 the following amendments: 20 On page fifty-four, subdivision 3.32.b., by striking out the 21 words “For the purposes of W.Va. Code §22-3-19(a)(1)(B), an 22 operator shall be considered in compliance with the applica23 ble environmental performance standards referenced therein 24 unless it has unabated cessation orders, notices of violations 25 that are not in the process of being abated to the Secretary’s 26 satisfaction, delinquent civil pena lties, or bond forfeitures.”; 27 On pages one hundred fifty-four and one hundred fifty28 five, paragraph 12.2.a.1., by striking out all of paragraph 29 12.2.a.1. and inserting in lieu thereof a new paragraph 30 12.2.a.1. to read as follows: 31 “12.2.a.1. The permittee may file an application with the 32 Secretary for the release of all or part of a bond. Applica33 tions may be filed only at times or during seasons established 34 by the Secretary which allow proper evaluation of the 35 completed reclamation operations.”; 36 And, 37

### Com. Sub. for S. B. No. 121] 6 On page one hundred seventy-seven, subdivision 14.11.h., 38 by striking out the words “e. and f.” and inserting in lieu 39 thereof the words “e., f. and g.”. 40 (c) The legislative rule filed in the state register on the 41 twenty-eighth day of July, two thousand ten, authorized 42 under the authority of section four, article five, chapter 43 twenty-two of this code, relating to the Department of 44 Environmental Protection (ambient air quality standards, 45 45 CSR 8), is authorized. 46 (d) The legislative rule filed in the state register on the 47 twenty-eighth day of July, two thousand ten, authorized 48 under the authority of section four, article five, chapter 49 twenty-two of this code, modified by the Department of 50 Environmental Protection to meet the objections of the 51 Legislative Rule-Making Review Committee and refiled in 52 the state register on the eleventh day of January, two 53 thousand eleven, relating to the Department of Environmen54 tal Protection (permits for construction and major modifica55 tion of major stationary sources of air pollution for the 56 prevention of significant deterioration, 45 CSR 14), is 57 authorized with the following amendment: 58

### [Com. Sub. for S. B. No. 121 7 On page twenty, after paragraph 2.80.e.2., by adding the 59 following: 60 “2.80.f. Notwithstanding subdivisions 2.80.d. and 2.80.e., 61 and subject to the public notice requirements set forth in 62 subdivision 2.80.g., the preconstruction permit requirements 63 of this rule shall not apply to a source’s GHG emissions if 64 any of the following actions result in GHGs not being subject 65 to regulation under the otherwise applicable federal preven66 tion of significant deterioration requirements set forth in 40 67 CFR §51.166: 68 2.80.f.1. A US EPA final rule; 69 2.80.f.2. An act of the United States Congress; 70 2.80.f.3. A Presidential Executive Order; 71 2.80.f.4. A final order of the District of Columbia Circuit 72 Court of Appeals, if the specified time for appealing the 73 order has lapsed and no appeals, petitions seeking clarifica74 tion or rehearing, or other petitions regarding the order have 75 been filed, or, if any appeals or petitions are filed, the 76 resolution of any and all appeals and petitions regarding the 77 final order are complete and have upheld the relevant 78 determination(s). Moreover, a stay shall also create an 79 exemption during the effective length of the stay. These two 80

### Com. Sub. for S. B. No. 121] 8 specific exemptions shall become effective only if US EPA 81 does not object in writing by the end of the notice period set 82 forth in subdivision 2.80.g.; or 83 2.80.f.5. An order of the United States Supreme Court. 84 2.80.g. The exemption set forth in subdivision 2.80.f. shall 85 become effective after the Secretary provides a thirty day 86 notice of such exemption to US EPA and the public. Such 87 notice shall be published in the West Virginia Register and 88 explain the circumstances justifying the exemption.” 89 (e) The legislative rule filed in the state register on the 90 twenty-eighth day of July, two thousand ten, authorized 91 under the authority of section four, article five, chapter 92 twenty-two of this code, relating to the Department of 93 Environmental Protection (standards of performance for new 94 stationary sources, 45 CSR 16), is authorized. 95 (f) The legislative rule filed in the state register on the 96 twenty-eighth day of July, two thousand ten, authorized 97 under the authority of section four, article five, chapter 98 twenty-two of this code, modified by the Department of 99 Environmental Protection to meet the objections of the 100 Legislative Rule-Making Review Committee and refiled in 101 the state register on the eleventh day of January, two 102

### [Com. Sub. for S. B. No. 121 9thousand eleven, relating to the Department of Environmen103 tal Protection (control of air pollution from combustion of 104 solid waste, 45 CSR 18), is authorized. 105 (g) The legislative rule filed in the state register on the 106 twenty-eighth day of July, two thousand ten, authorized 107 under the authority of section four, article five, chapter 108 twenty-two of this code, relating to the Department of 109 Environmental Protection (permits for construction and 110 major modification of major stationary sources of air 111 pollution which cause or contribute to nonattainment, 45 112 CSR 19), is authorized. 113 (h) The legislative rule filed in the state register on the 114 twenty-eighth day of July, two thousand ten, authorized 115 under the authority of section four, article five, chapter 116 twenty-two of this code, relating to the Department of 117 Environmental Protection (control of air pollution from 118 hazardous waste treatment, storage or disposal facilities, 45 119 CSR 25), is authorized. 120 (i) The legislative rule filed in the state register on the 121 twenty-eighth day of July, two thousand ten, authorized 122 under the authority of section four, article five, chapter 123 twenty-two of this code, relating to the Department of 124

### Com. Sub. for S. B. No. 121] 10 Environmental Protection (emission standards for hazardous 125 air pollutants, 45 CSR 34), is authorized. 126 (j) The legislative rule filed in the state register on the 127 thirtieth day of July, two thousand ten, authorized under the 128 authority of section four, article eleven, chapter twenty-two 129 of this code, relating to the Department of Environmental 130 Protection (requirements governing water quality standards, 131 47 CSR 2), is authorized with the following amendments: 132 On pages two and three, subsection 3.1, by striking out the 133 words “and certain water withdrawal activities”; 134 On page three, subsection 3.2, by striking out the words “or 135 water withdrawal activities”; 136 On page fourteen, subdivision 8.2.b., striking out all of 137 subdivision 8.2.b. and inserting in lieu thereof a new subdivi138 sion 8.2.b. to read as follows: 139 “8.2.b. For waters other than the Ohio River between river 140 mile points 68.0 and 70.0, a final determination on the 141 critical design flow for carcinogens is not made in this rule, 142 in order to permit further review and study of that issue. 143 Following the conclusion of such review and study, the 144 Legislature may again take up the authorization of this rule 145 for purposes of addressing the critical design flow for 146

### [Com. Sub. for S. B. No. 121 11 carcinogens: Provided, That until such time as the review 147 and study of the issue is concluded or until such time as the 148 Legislature may again take up the authorization of this rule, 149 the regulatory requirements for determining effluent limits 150 for carcinogens shall remain as they were on the date this 151 rule was proposed.”; 152 On page fourteen, after subdivision 8.2.b., by adding a new 153 paragraph 8.2.b.1. to read as follows: 154 “8.2.b.1. For the Ohio River between river mile points 68.0 155 and 70.0 the critical design flow for determining effluent 156 limits for carcinogens shall be harmonic mean flow.”; 157 On page fourteen, subdivision 8.3.b., by striking out all of 158 subdivision 8.3.b.; 159 On page fourteen, paragraph 8.3.b.1., by striking out all of 160 paragraph 8.3.b.1.; 161 On page fourteen, subparagraph 8.3.b.1.A., by striking out 162 all of subparagraph 8.3.b.1.A.; 163 And, 164 On page forty-seven, by striking out all of parameter 8.32 165 and renumbering the remaining parameters. 166 (k) The legislative rule filed in the State Register on April 167 8, 2010, authorized under the authority of section four, 168

### Com. Sub. for S. B. No. 121] 12 article eleven, chapter twenty-two of this code, approved for 169 promulgation by the Legislature on March 13, 2010, relating 170 to the Department of Environmental Protection (National 171 Pollutant Discharge Elimination System (NPDES) Program, 172 47 CSR 10), is authorized with the following amendments: 173 On page forty-four, part 13.1.b.4.A.13., by striking out all 174 of part 13.1.b.4.A.13. and inserting in lieu thereof a new part 175 13.1.b.4.A.13. to read as follows: 176 “13.1.b.4.A.13. Five thousand (5,000) ducks, if the AFO 177 uses a liquid manure handling system.”; 178 On page forty-four, subparagraph 13.1.b.4.B, by striking 179 out all of subparagraph 13.1.b.4.B; 180 On page forty-four, part 13.1.b.4.B.1, by striking out all of 181 part 13.1.b.4.B.1.; 182 And, 183 On page forty-four, part 13.1.b.4.B.2, by striking out all of 184 part 13.1.b.4.B.2. 185 (l) The legislative rule filed in the state register on the 186 twenty-third day of July, two thousand ten, authorized under 187 the authority of section four, article twelve, chapter twenty188 two of this code, modified by the Department of Environ189 mental Protection to meet the objections of the Legislative 190

### [Com. Sub. for S. B. No. 121 13 Rule-Making Review Committee and refiled in the state 191 register on the fourteenth day of September, two thousand 192 ten, relating to the Department of Environmental Protection 193 (requirements governing groundwater standards, 47 CSR 12), 194 is authorized. 195 (m) The legislative rule filed in the state register on the 196 twenty-sixth day of July, two thousand ten, authorized under 197 the authority of section five, article twelve, chapter twenty198 two of this code, modified by the Department of Environ199 mental Protection to meet the objections of the Legislative 200 Rule-Making Review Committee and refiled in the state 201 register on the twenty-second day of September, two thou202 sand ten, relating to the Department of Environmental 203 Protection (monitoring well design standards, 47 CSR 60), is 204 authorized. 205

### 1 QUESTIONNAIRE
(Please include a copy of this form with each filing of your rule: Notice of Public Hearing or Comment Period; Proposed Rule, and if needed, Emergency and Modified Rule.)


### DATE:
TO: LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FROM:( Agency Name, Address & Phone No 

### .)

LEGISLATIVE RULE TITLE:

1. Authorizing statute(s) citation

2. a. Date filed in State Register with Notice of Hearing or Public Comment Period:

b. What other notice, including advertising, did you give of the hearing?

c. Date of Public Hearing(s) or Public Comment Period ended:

d. Attach

list of persons who appeared at hearing, comments received, amendments, reasons for amendments.
Attached No comments received

### 2

e. Date you filed in State Register the agency approved proposed Legislative Rule following public hearing: (be exact)

f. Name, title, address and phone/fax/e-mail numbers of agency person(s) to receive all written correspondence regarding this rule: (Please type)

g. IF DIFFERENT

FROM ITEM ‘f’ , please give Name, title, address and phone number(s)

of agency person(s) who wrote and/or has responsibility for the contents of this rule: (Please type)

3. If the statute under which you promulgated the submitted rules requires certain findings and determinations to be made as a condition precedent to their promulgation:

a. Givethe date upon which you filed in the State Register a notice of the time and place of a hearing for the taking of evidence and a general description of the issues to be decided.

### 3

b. Date of hearing or comment period:

c. On what date did you file in the State Register the findings and determinations required together with the reasons therefor?

d. Attach findings and determinations and reasons:
Attached

### 45CSR8 AMBIENT AIR QUALITY ST ANDAR DS

RESPONSE TO COMMENTS
On June 11, 201 0 , the Division of Air Quality (DAQ ) commence d a thirty day public comment period and subsequently held a public hearing on July 12, 2010 to accept oral comments on proposed revisions to leg islative rule 45CS R8. Writt en comments were also acc epted through 6:00 PM on M onday , July 12, 2010. One commenter submitt ed written comments reg arding proposed revisions to rule 45CSR 8, and no commenter provided verbal comments. DAQ addre sses these c omments below.

I. COMMENTER: Nancy Bould in
COMMENT A. The commenter states, “I strongly urge the W VDEP to enact and enforceair quality standards under 45CSR8 that mee t OR EXCEED federal air quality standards. Protecting the air quality of W

est Virginia is essential to the state’s human and econom ic well-being, now and into the f u tu r e. W ith increasing activity related to Marce llus Shale deep- gas drilli ng added to o n go ing coal and other industrial operations, the W VDEP (W

est Virginia Departmen t o f Environmental Protection) MUST act in the interests of the residents of th e s ta te and fulfil l your mission to truly PROTECT our air, water, and other environmental resource s from being sacrificed to the interests of others. Air quality may not seem like the worst problem that come s with deep-

gas drilli ng, but ask the residents o f W et z el County, W

V how their air quality has deteriorated due to constant over-sized truck hauling, degraded roads, dust, gravel, flares, and chem ical pollutants

. W e need ade quate safeguards for our communities and farmlands.”
RESP ONSE A. DAQ notes that the national ambient air quality s t an d ar d s i ncorporated by re ference under 45CS R8 are equivalent to the national ambient air quality standards pro mu l gat ed by the U.S. EPA as of June 1, 2010.

COMMENT B. Th e c o mm enter s ta te s , “R e §4 5-8-4 – Inconsistenc y Between Rul

e s

– I s u p p o rt the proposed statement 7.1 that in the event of inconsistency between rules “the determination shall be based upon theapplication of the more stringent provision, term, condition, method or rule.”
RESP ONSE B. No re sponse re quired.

II. COMMENTER: DEPAdvisory Council
COMMENT A. The commenter states, “Council also recom mends that the Air Quality rules contain language in the sections entitled ‘Inc onsistency Between Rules" to read as follows: " In the event of any inconsistency between this rule and any other rule of the W est Virginia Departme nt of

### Environmental Protection, the inconsistency shall be resolved by the determination ofthe Secre tary

and the determination shall be based upon the application of the more s tringent provision, term, condition, method, or rule using sound scientific information.’”
RESP ONSE A. DAQ appre ciates the comment, however, th e c o mm ent in v o lv e s la ng u ag etha t is beyond the scopeof propose d revisions, and, therefore re quires no re sponse.

## MEMORANDUM
TO: Randy C. Huffman, Cabinet Secretary FROM: Environmental Protec tion Advisory Council
RE: Recommendations for 2011 Legislative Rules DATE: June 7, 2010
The purpose of this memorandum is to convey to you the recommendations of the Environmental Protection Advisory Council from its May 27 and June 3 meetings.
1. Re: 47 C.S.R. 2 – Requirements Governing Water Quality Standards . Council recommends that the rule be revised to state that the TDS standard shall apply only at the point of intake for a public drinking water supply, not in all waters of the State, as currently proposed. Please note that Ms. Hallinan and Dr. Harris voted against this recommendation. 2. Council also recommends that the Air Quality rules contain langu age in the sections entitled “Inconsistency Between Rules” to read as follows: “In the event of any inconsistency between this ruleand any other rule of the We st Virginia Department of Environmental Protection, the inconsistency shall be resolved by the determination of the Secretary and the determination shall be base d upon the application of the more stringent provision, term, condition, method, or rule usin g sound scientific information.” Please note that Ms. Hallinan voted against this recommendation and Dr. Harris abstained from voting.

# • dep

west virginia 

### department of environmental protection 

# SIGN-IN SHEET

Public Hearing on the Division of Air Quality Rules 45CSR8, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR25 and 45CSR34 July 12, 2010, 6:00 p.m. The Department of Environmental Protection asks for the information below so that agency staff may provide responses and information about decisions to you. The information you voluntarily provide on this sheet becomes part ofthe public record related to this topic and may be released if requested under the Freedom ofInformation Act.

Name (please print) Address Organization Phone E-mail Comment YIN 

# Ji**~~ _\~**  

# \.:**~** 

## \ 

# WUPcP

- - - _. -



### Promoting a healthy environment.LEGAl ADVE RT ISEMENT



### The Charleston Gaze tt e, Fr i day , 

### Jl

Public Notice

. 2011 Propos e d Rules The West V i rginia Division of Air Quality has scheduled a public hearing on July 12 , 2010 f o r its 2011 proposed ' leg i sla t ive r ules, which will toke p l ace a t the Division of Environmental P r o t ection's Charleston head

Q uarters , ' 60 1 57th , Street S

. E

. , Cha rl eston, WV 25304

. Oral and written comments w i ll be limited t o the ' p r oposed revisions and will be r nade a po rt

. ot the rulemak i ng record. Copies of the rules are ' av a i l a ble from the s e c r eto ry of sta t e' s o f f i c e o r f r o m th e DE P at w w w. wv d e p
. o rg I2 01 1 rul es

, . Y o u may a l so
. obtain hordcop i es of t he information by co l ling the phone number lis t ed below : Written , comments may be submitted

. t o the Public Inf o rmation Of f ice at the above address ; Commen t s may also be e-rncll e d to comments @ wvd e p
. org
. T he heanng da t es, loca

t i ons and comment deadlines are as fo l lows : Div i sion · of A i r Qual i f y 45CSR8

- ' Ambient A i r Quality Standards 45CSR1 4

- Permi t s fo r Construction and Maior Modificat i o n of Maior Sta

t ionary Sources of Air Pol

lut i on for t he Prevention o f Significant Deterio r a t i ~2CSRI6

- : : S t anda r ds of P erfo r mance for Ne w Sta

t i onary Sources , 4 5CSR18

- Control of Air P ollut i on From Cornbust i on of So l id Waste 45CSR19

- Permi t s for , construct t on c-- and Maior ' Modification of Maior Sta

tionary Sources of Air Pol

lution Which ' Cause or Con tr ibute to Nonat t ainment 4 5CSR25

- Cont r ol o f Air Po ll ut l on from Hazardous Waste Treatme nt, Storag e and Disposal Facilities ' 4 5CSR34

. . Em i ss i on Standards for Hazardous A i r Po l lutants T he pu bl ic he a r i ng f o r · all ai r q ual ity r ul es will take place beginning a t 6 p.m
. on J ul y 12, 20 \0 i n t he
' Do ll y S od s R oom. The c ommen t period w ill begin o n J u n e 1

. 1,

2010 a nd e n d c t th e conclu s ion of the pub

l ic he ar i ng on Jul y
. . 12 , LEG AL , ADVERTISE M ENT 2010

. Upon au t ho r izat i on and promulgat i on of rev i

s i ons to 45CSR8 , 45CSRI 4 and 45CSR19 ; the DAQ will submit the rules to t he U .S , Environmen t al Prot ection Agenc y ( EP A) as revisions to the Stat e I m ptemen t ctlon Plan pu rsuant

. to the fe d era l Cl ea n Air A ct (CAA)

. Ru l e s 45CSR16, 4 5C SR1 8 , 4 5CSR25 and 4 5CSR3 4 w il l also be SUbmit te d t o E PA to fulfil l other f e dera l o b li

gations unde r the CA A , in

cludi n g d e legat i ons , p l a n s and program app r ov a ls

. For more informati on on any of the D A Q rule s ca ll 304

- 926-0 4 7 5. ( 4 2 8048 )

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### Volume XXVII


### Issue 23

June 11,2010 

### Pages 925

- 976



### 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 of Tax Appeal Decisions
X. Other Documents or Information Filed
XI. Publication Deadlines and Publication DatesAGENCY
Administration Agriculture Air Quality Bluefield State College Bd. of Governors Charleston Area Alliance Community and Technical College Education Concord University Conservation Agency Consolidated Public Retirement Board County Bd. Member Training Standards Review Comm. Crime, Delinquency and Correction Economic Development Authority Environmental Protection, Dept. of Ethics Commission Fairmont State University Film Office, WV Forestry, Div. of Glenville State College Governor's 21 sl Century Jobs Cabinet Grievance Report Health and Human Resources Health Care Authority Hearing Aid Dealers, WV Board of Higher Education Policy Commission Highways Insurance Commission Labor Licensed Practical Nurses, Bd. of Examiners Lottery Marshall Community & Technical College Medicine, Board of Miners' Health, Safety and Training Mountwest Comm. & Tech. College Municipal Home Rule Bd. Natural Resources Northwest Regional EMS Inc. Parkways Economic Dev. & Tourism Auth. Personnel Physical Therapy Professional Surveyors, WV Public Defender Services, WV Putnam County Development Auth. Racing Commission Real Estate Commission Region 7 Workforce Investment Board Registered Professional Nurses Solid Waste Management Board Southern West Virginia Comm. & Tech. College Surface Mine Board Tax Department Tourism Water Resources WorkForce West Virginia PAGElS)
931 971 925-8,939,958-61,971 931 931 931 931·2 932 932 932 928,939,961 932 933,972 969 933 933 933 933 933 970 973 968,974·6 933 934 928,930,939,962,967 934 934 934 934·5,962 935 935 935 935 935 935 936 936 936 936 937 937 937 928,939,963·4 937 937 937-8 938 938 968 929,939·40,964·5 938 929,940,965·6 938CHRONOLOGICAL INDEX, VOLUME XXVII ISSUE 23
NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I AGENCY 

# II RULEITYPE 

# II AUTHORITY 

# II HEARING/COMMENT PERIOD/LOCATION 

# I

Air Quality Ambient Air Quality Standards §22-5-4 Public Hearing: (45-8) Legislative July 12, 2010, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room 601 57 th Street, SE Charleston, WV 25304 Written Comments: July 12, 2010, Close of Hearing Kathy Cosco, Public Information Office WV**De~t.** of Environmental Protection 601 57' Street, SE Charleston, WV 25304 Air Quality Permits for Construction and Major Modification of Major §22-5-4 Public Hearing: (45-14) Stationary Sources of Air Pollution for the Prevention of July 12, 2010, 6:00 pm Significant Deterioration WV Dept. of Environmental Protection Legislative Dolly Sods Conference Room 601 57'h Street, SE Charleston, WV 25304 Written Comments: July 12, 2010, Close of Hearing Kathy Cosco, Public Information Office WV DeJ?t. of Environmental Protection 601 57 Street, SE Charleston, WV 25304

<.0 IV VICHRONOLOGICAL INDEX, VOLUME XXVII ISSUE 23
NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I

Standards of Performance for New Stationary Sources Legislative Air Quality 

### (45-16) 

# I AGENCY 

# II RULEITYPE 

# II AUTHORITY 

# II HEARING/COMMENT PERIOD/LOCATION 

# I

i.i ..., ,

Air Quality 

### (45-18) Control of Air Pollution from Combustion of Solid Waste Legislative 

### §22-5-4 Public Hearing: July 

### 12, 2010, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room 

### 601 5i h Street, SE Charleston, WV 

### 25304 Written Comments: july 

### 12, 2010, Close of Hearing Kathy Cosco, Public Information Office WV DeJ?t. of Environmental Protection 

### 601 57 Street, SE Charleston, WV 

### 25304

\D N O'lCHRONOLOGICAL INDEX, VOLUME XXVII ISSUE 23
NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I I AGENCY 

# II RULEITYPE 

# II AUTHORITY 

# II HEARING/COMMENT PERIOD/LOCATION 

# I 

# I Air Quality 

# I Permits tor Construction and Major Modification of Major 

# I §22-5-4 

# I Public Hearing:

(45-19) 

### Stationary Sources of Air Pollution Which Cause or July 12, 2010,6:00 

### pm Contribute to Nonattainment WV Dept. of Environmental Protection Legislative Dolly Sods Conference Room 601 57'h 

### Street, SE Charleston, WV 25304 

### Written Comments: July 12, 2010, 

### Close of Hearing Kathy Cosco, Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' 

### Street, SE Charleston, WV 25304 

### Air Quality (45-25) 

### Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities Legislative §22-5-4 

### Public Hearing: July 12, 2010, 6:00 

### pm WV Dept. of Environmental Protection Dolly Sods Conference Room 601 57'h 

### Street, SE Charleston, WV 25304 

### Written Comments: July 12, 2010, 

### Close of Hearing Kathy Cosco, Public Information Office WV**De~t.** 

### of Environmental Protection 601 57' 

### Street, SE Charleston, WV 25304

<D IV

.....CHRONOLOGICAL INDEX, VOLUME XXVII ISSUE 23 

# I

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I 

# I AGENCY 

## 1\ RULEITYPE 

# II AUTHORITY 

# II HEARING/COMMENT PERIOD/LOCATION 

# I

Air Quality Emission Standards for Hazardous Air Pollutants §22-5-4 Public Hearing: (45-34) Legislative July 12, 2010, 6:00 pm WV Dept. of Environmental Protection Dolly Sods Conference Room 601 57 th Street, SE Charleston, WV 25304 Written Comments: JUly 12, 2010, Close of Hearing Kathy Cosco, Public Information Office WV**De~t.** of Environmental Protection 

### 601 5i Street, SE Charleston, WV 25304 Crime, Delinquency and Law Enforcement Training Standard §30-29-3 Written Comments Only Correction Legislative July 15, 2010, 5:00 pm (149-2) Retired Captain Chuck Sadler Law Enforcement Training Coordinator Div. of Criminal Justice Service 1204 Kanawha Boulevard East Charleston, WV 25301 (304) 558-8814 ext. 53315 Charles.A.Sadler@wv.gov Highways Use of State Road Rights of Way and Adjacent Areas §§17-1, 2A, 4,16,20, Written Comments Only (157-6) Legislative 22 and 23 July7, 2010, 4:00 pm Marvin Murphy; Kathy Holtsclaw WV Dept. of Transportation, Div. of Highways Building 5, Room 164 1900 Kanawha Boulevard East Charleston, WV 25305-0430 Racing Commission Thoroughbred Racing §§19-23-2(a),19-23- Written Comments Only (178-1 ) Legislative 3(17),19-23-6,19-23- July 8,2010,5:00 pm 8,19-23-9,19-23-13, WV Racing Commission 19-23-13b, 19-23-15 106 Dee Drive Charleston, WV 25311

<D N 00CHRONOLOGICAL INDEX, VOLUME XXVII ISSUE 23 

# I

NEW PROPOSED RULES FILED FOR PUBLIC COMMENT THIS WEEK 

# I 

# I AGENCY 

# II RULEITYPE 

# II AUTHORITY 

# II HEARING/COMMENT PERIOD/LOCATION 

# I

Racing Commission Pari-Mutuel Wagering §19-23-6 Written Comments Only (178-5) Legislative July 8, 2010, 5:00 pm 

### WV Racing Commission 106 Dee Drive Charleston, 

### WV 25311 Tax Department Exchange of Information Agreement Between The State §§11-10-5s(b)(4) and Written Comments Only (110-50E) Tax Department and The West Virginia Lottery 29A-3-1 et seq. july 6, 2010, 5:00 pm Legislative Legal Division State Tax Department PO Box 1005 Charleston, 

### WV 25324-1005 Tax Department EXhange of Information Agreement between the State §§11-10-5 and Written Comments Only (110-50F) Tax Department and the Office of the State Fire Marshal 5s(b)(4) July 6, 2010, 5:00 pm Legislative Legal Division State Tax Department PO Box 1005 Charleston, 

### WV 25324-1005 Water Resources Requirements Governing Water Quality Standards §§22-11-4(a)(16); 22- Public Hearing: (47-2) Legislative 11-7b July 19, 2010, 6:00 pm Coopers Rock Training Room 

### WV**De~t.** of Environmental Protection 

### 601 5i Street SE Charleston, 

### WV 25304 Written Comments: July 19, 2010, at end of public hearing Linda B. Keller Water Quality Standards Program 

### WV**De~t.** of Environmental Protection 

### 601 5i Street SE Charleston, 

### WV 25304

<D IV <D

# I NEW EMERGENCY RULES FILED THIS WEEK 

# I I AGENCY 

# II RULEfTYPE 

# II AUTHORITY 

# II EFFECTIVE DATE 

# II DATE NOTICE FOR HEARING 

# I 

# I Highways 

# I Use of State Road Rights of Way and §§17-1,2A,4,16,20, 

# I ERDbyJuly20,2010 

# II July 7, 2010 

# I

. (157-6)

. Ad·acent Areas l....:2=2:...;:a.:;..:n-=.d =23=--

__ ----''--. -J

.. ---'.

<D W o

### MEETING NOTICES Open Governmental Proceedin2s Act §6-9A et seq. Agency 

## I Date Filed 

## I Purpose 

## I**Meetin~** 

### DatelLocation
Administration, Department of 1115/2010 Regular monthly meeting June 18,2010 9:00 AM Division of Rehabiliation Services Committee for the Purchase of WV Small Conference Room Commodities and Services from Institute, WV the Handicapped Bluefield State College Board of 411612010 Regular meeting of the BSC Board of Governors. General business of the June 17,2010 6:45 PM Governors Board will be considered. Private Dining Room Harris-Jefferson Student Center Bluefield State College Charleston Area Alliance 211612010 Regular Meeting June 22, 2010 12:00 PM 1116 Smith Street Board of Directors Charleston, WV 25301 Community and Technical *6/9/2010 To discuss a technical program delivery agreement between Pierpont June 14,2010 02:00 PM College Education, WV Council Community and Technical College and Fairmont State University. Conference Call for
Executive Committee Community and Technical 511712010 Annual Planning Meeting June 16, 2010 1:30 PM College Education, WV Council Parkersburg Country Club for 4910 1 st A venue Vienna, WV 26105-1850 Community and Technical 5117/2010 Regular Business Meeting June 17,2010 9:00 AM College Education, WV Council WVU at Parkersburg for 300 Campus Drive Parkersburg, WV 26104 Concord University 5/28/2010 Committee Meeting June 16,2010 2:20 PM Concord Room, Marsh Hall, 20lA Finance and Facilities Committee Concord University 3/512010 Regularly scheduled meeting June 16,2010 3:30 PM Board of Governors Concord University Marsh Hall Room 201 A Concord University 5/2812010 Committee Meeting June 16,2010 1:20PM External Affairs Committee Concord Room, Marsh Ha1l201A
Concord University 5/2812010 Committee Meeting June 16,2010 1:00 PM Concord Room Executive Committee

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

ID W 

# -MEETING NOTICES Ooen Governmental**Proceedin~s** Act §6-9A et seq. Ae:ency 

## I Date Filed 

## I Purpose 

## I Meetine: Date/Location

Concord University 5/2812010 Committee Meeting June 16,2010 II :35 AM Concord Room. Marsh Ha1l20lA 

### Student Affairs Committee Concord University 5/28/2010 Concord Room, 20lA June 16, 2010 10:35 AM Marsh Hall Concord Room Marsh Hall A204 

### Academic Affairs Committee Conservation Agency, WV 61712010 Emergency meeting to discuss Funding to match the American Recovery June 10,2010 1:00 PM and Reinvestment Act funds for New Creek Site 14 Rehab and Upper Video teleconference available from WVCA at 

### WV State Conservation Tygarts Elk water Fork mitigation. Guthrie and Morgantown 

### Committee Consolidated Public Retirement 51712010 To conduct regular business. Agenda available at agency June 23, 2010 9:00 AM Board 4101 MacCorkle Avenue, SE Charleston, West Virginia 25304 

### Accounting and Investment Committee Consolidated Public Retirement 51712010 To conduct regular business June 22, 2010 2:00 PM Board 4104 MacCorkle Avenue, SE Charleston, West Virginia 25304 

### Disabilitv Review Committee Consolidated Public Retirement 51712010 to conduct regular business. Agenda available at agency June 23,2010 II :00 AM Board 4101 MacCorkle Avenue, SE Charleston, West Virginia 25304 

### Board ofTrustees County Board Member Training 61712010 Quarterly meeting of County Board Member Training Standards Review June 16,2010 1:30 PM Standards Review Committee Committee, including review of Orientation program for newly-elected Governor's Mansion county boards of education members which is slated for June 21-23,2010, in Morgantown

- Waterfront Place Hotel. Economic Development 

### 6/912010 Regular monthly meeting. The Board of Directors will also consider and June 17,2010 10:00 AM Authority take action on a Resolution authorizing and directing the issuance of Lottery NorthGate Business Park Revenue Bonds in an amount not to exceed $180,000,000 to be used for all 160 Association Drive or a portion of the costs of constructing, equipping, improving or Charleston. West Virginia maintaining capital improvement projects for state institutions of higher education, state parks, the state capitol complex and other state facilities or tourism sites, and to pledge the revenues paid into the Education, Arts, Sciences and Tourism Fund, a special fund created pursuant to the Lottery Act and existing in the State Treasury (the "EAST Fund").

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



# '" IN N

### MEETING NOTICES Open Governmental Proceedings Act**§6~9A** 

### et seq. Ae:enev 

## I Date Filed 

## I Purpose 

## I Meetine: DatelLocation

Environmental Protection, 6/8/2010 The West Virginia Department of Environmental Protection (WVDEP) will June 16, 2010 10:00 AM Department of hold a public meeting to discuss water quality issues of Daugherty Run and 601 57th Street SE Fly Ash Run of Daugherty Run with Allegheny Energy. Charleston. WV 25304 Water Quality Standards Room #2157 (Great Kanawha River) Program Fairmont State University 6/9/2010 Regular Meeting June 17, 2010 9:00 AM Falcon Center Conference Rooms Board of Governors Film Office, West Virginia 6/912010 Call to order; approval of minutes from last meeting; review new June 18,2010 9:30 AM (Commerce, Tourism) application(s) (in executive session); vote on applications (in open session); WV Division of Tourism new business; old business; adjourn. A printed agenda is available through Conference Room Film Credit Development the Film Office. 90 MacCorkle Ave SW Committee South Charleston, WV 25303 Forestry, Division of 61112010 Regular meeting of advisory group to state urban forestry program. June 16,2010 10:00 AM USA Steak Buffet Urban and Community Forestry Bridgeport, WV Council Glenville State College 512712010 To discuss regular business of the Board. June 16,2010 12:30 PM Mollohan Campus Community Center Board of Governors Third Floor, Room 319 Glenville State College Board of 512712010 To discuss business and finance issues pertaining to the Board of June 16,2010 11:00 AM Governors Governors. Mollohan Campus Community Center Third Floor, Room 319 Business and Finance Committee Glenville State College Board of 5/27/2010 To discuss student and academic affairs issues pertaining to the Board. June 16,2010 11:00 AM Governors Mollohan Campus Community Center Third Floor, Room 311 Student and Academic Affairs Committee Governor's 21 st Century Jobs 6/912010 Regular Business June 17,2010 11 :00 AM Cabinet Department of Education and the Arts Conference Room Parent Engagement and State Capitol Complex Building 5, Room 205 Education Committee Charleston, WV Hearing Aid Dealers, WV Board 6/212010 Regular Board Meeting June 17,2010 1:00 PM of Bureau for Public Health conference room 350 Capitol St., Room 706 (Diamond Bldg.) Charleston, WV 25301

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

<D W WMEETING NOTICES Open Governmental**Proceedin~s** Act §6-9A et seq. A2enCY 

### I Date Filed 

## I Purpose 

## I Meetin2 DateILocation

Higher Education Policy 6/9/2010 To discuss the recommendation for a slate of officers to the full June 17,2010 8:30 AM Commission Commission Chancellor's Conference Room 10th Floor, Boulevard Tower Nominating Committee 10 18 Kanawha Boulevard East Charleston and by conference call Higher Education Policy 6/9/2010 To conduct business before the next regular meeting June 18,2010 1:00 PM Commission Alexander Parker Boardroom The Blennerhassett Hotel, 320 Market Street Committee of the Whole Parkersburg, and by conference call Insurance Commissioner, WV 6/8/2010 Special meeting re: consideration of draft overview of safety initiatives in June 23, 2010 10:30 AM Offices of the the workers' compensation insurance market and self-insureds. WV Offices of the Insurance Commissioner 1124 Smith Street

- 4th Floor, Room 400 Workers' Compensation Charleston, WV 25301 Industrial Council Labor 6/8/2010 Contractor Licensing Board Meeting Agenda: I. Public Comment; 2. June 17,2010 9:00 AM General Discussion; 3. Disciplinary Hearings; 4. Cease and Desist Orders Office of WV Division of Labor Contractor Licensing Bldg 6, Room 749B, Capitol Complex Charleston, WV 25305 Licensed Practical Nurses. Board 511412010 Regular Meeting. Proposed Agenda is posted on the Board's website at June 16,2010 9:30 AM of Examiners www.lpnboard.state.wv.us under "News" Large Conference Room 101 Dee Drive Charleston, WV Lottery 6/1/2010 Monthly committee meetings June 17, 2010 10:00 AM Lottery Headquarters Finance/Audit & 312 MacCorkle A venue GameslRules/Security/Marketing Charleston, WV Committees Lottery 6/1/2010 Monthly committee meeting June 17,2010 9:00 AM Lottery headquarters Building Committee 312 MacCorkle Avenue Charleston, WV

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

\D W 

## "'"MEETING NOTICES Open Governmental Proceedinl!s Act §6-9A et seq. Aeencv 

## I Date Filed 

## I Purpose 

## I Meeting Date/Location

Lottery 61112010 Monthly business meeting June 17,2010 11 :00 AM Lottery Headquarters Commission meeting 312 MacCorkle Avenue Charleston, WV Marshall Community & 2/112010 Regularly scheduled monthly meeting. June 18,2010 8:00 AM Technical College 917 Third A venue Huntington, WV 25701 Institutional Board of Governors Medicine, Board of 5/18/2010 The general purpose of this meeting is to discuss personnel matters of the June 17,2010 3:00 PM West Virginia Board of Medicine. Medicine, Board of Ad Hoc Committee on Personnel 10 1 Dee Drive, Suite 103 Charleston, WV 25311 Miners' Health. Safety and 5/27/2010 Monthly Board meeting June 23,2010 10:00 AM Training 1615 Washington Street, E. Charleston, WV Coal Mine Health and Safety Board Miners' Health, Safety and 512712010 Monthly Board meeting; will also meet June 23 June 22,2010 1:00 PM Training 1615 Washington Street, E. Charleston,WV Coal Mine Health and Safety Board Mountwest Community & 5/19/2010 Regularly scheduled monthly meeting of the Finance & Facilities June 16, 2010 8:00 AM Technical College Committee. Mountwest Community & Technical College Cooking & Culinary Institute Institutional Board of 917 Third Avenue Governors/Finance 

### & Facilities Huntington, WV Committee Municipal Home Rule Board, 6/312010 Regular Business Meeting June 17,2010 10:30 AM WV Morgantown Public Safety Building 300 Spruce Street, 1 st Floor Conference Room Morgantown, WV Natural Resources. Division of 61112010 Quarterly Whitewater Commission Meeting June 16, 2010 1:00 PM River Expeditions Headquarters Whitewater Commission 900 Broadway A venue Oak Hill WV 25801

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



# '" W IJl

### MEETING NOTICES Open Governmental**Proceedin~s** 

### Act §6-9A et seq. A2encv 

## I Date Filed 

## I Purpose 

## I Meetin2 Date/Location

Northeastern Regional EMS Inc. 4/2312010 Annual Meeting of Board of Directors June 17,2010 7:00 PM 82 Sue Court Board of Directors Martinsburg, WV 25405 Parkways Economic 6/9/2010 Discussion of and possible Board action on the new Toll Collection System June 17,2010 ll:OOAM Development and Tourism Contract. Beckley South Maintenance Facility Authority 374 George Street Beckley, West Virginia 25801 Parkways Economic 6/9/2010 Approval of minutes of the 5/2011 0 Joint Committee meetings; Update, June 17,2010 9:30 AM Development and Tourism discussion and/or decision(s) on: Tamarack capital improvement needs; Beckley South Maintenance Facility Authority Request for access to VanKirk Drive; Paint Creek Scenic Trail Association 374 George Street request to place Interpretive Kiosk at Tamarack; Tamarack General Beckley, West Virginia 25801 Economic Development and Manager and Financial Report; Summer construction projects update; Tourism/Facilities/Finance Development of policies and procedures for use of emergency gates; Dynamic message signs and closed circuit TV installation update; New Toll Collection System contract; Implementation of new legislation regarding the renaming and reorganization of the Parkways Authority (the agenda for this meeting will be available three days in advance by calling 304-926- 1900 or at the website www.wvturnpike.com; items of business may be added to the agenda up to 48 hours prior to the date of meeting). Personnel, WV Division of 6/3/2010 Regular meeting June 17, 2010 2:00 PM 1900 Kanawha Boulevard, East State Personnel Board Building 6, Room 425 State Capitol Complex Physical Therapy, WV Board of 6/812010 Discuss Rule Making and Discplinary. June 18, 2010 12:15 PM Teleconference WV Board of Physical Therapy 101 Dec Drive Charleston, WV 25311 Physical Therapy, WV Board of 6/8/2010 Emergency meeting to Discuss Emergency Rule June 13,2010 2:30 PM Panera Bread Sunset Committee Mountaineer Boulevard 2830 Mountaineer Boulevard Charleston, WV 25309

"This meeting wasfiled late and does not comply with the Open Governmental Proceedings Act

\Q W 0'1

### MEETING NOTICES Open Governmental Proceedings Act §6-9A et seq. A2ency 

## I Date Filed 

## I Purpose 

## I Meeting DatelLocation

Professional Surveyors. WV 6/2/2010 Regularly Scheduled Board Meeting and Complaint Review. Agenda June 22, 2010 10:00 AM Board of available 3 business days prior to meeting by contacting the Board Office. Board Office Sutton, West Virginia Professional Surveyors, WV 6/9/2010 Emergency meeting to Discuss WV Code 30-13A Legislative Changes June 10,2010 9:30 AM Board of effective June 10,2010 via teleconference Public Defender Services, WV 6/3/2010 To discuss indigent criminal defense operations. June 18,2010 12:00 PM 200 Civic Center Drive IndiJlent Defense Commission Charleston, WV 2530 I Putnam County Development 511912010 Required Monthly Board Meeting for June 22, 2010 June 22, 2010 4:30 PM Authority Putnam Chamber of Commerce Building 5664 State Route 34 Winfield, WV 25213 Putnam County Development 6110/2010 Required Membership Meeting June 22, 2010 4:00 PM Authority 5664 State Route 34 Winfield, WV 25213 Membershiv Committee Real Estate Commission 5/17/2010 Regular Meeting June 17,2010 9:00 AM 300 Capitol Street Charleston, WV 25301 Region 7 Workforce Investment 5/1912010 Annual WIB Meeting June 17,2010 6:00 PM Board Deaf and Blind School Seaton Hall Romney, WV Registered Professsional Nurses, 5/7/2010 Regular Board Meeting June 16,2010 9:00 AM WV Board of Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311 Registered Professsional Nurses, 6/1/2010 To review Education Programs and related issues. June 17,2010 8:00 PM WV Board of Board Conference Room 101 Dec Drive, Suite 102 Education Committee MeetinR Charleston, WV 25311 Registered Professsional Nurses, 6/1/2010 To review disciplinary cases and related issues. June 16,2010 3:00 PM WV Board of CLOSED TO THE PUBLIC Board Conference Room 101 Dee Drive, Suite 102 Discivlinarv Review Committee Charleston, WV 25311

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

Ie W -..lMEETING NOTICES Open Governmental Proceedin2S Act §6-9A et seq. A2ency 

## I Date Filed 

## I Purpose 

## I Meeting Date/l

.. ocation

Registered Professsional Nurses, 5n12010 Regular Board Meeting June 17, 2010 9:00AM WV Board of Conference Room 101 Dee Drive, Suite 102 Charleston, WV 25311 Registered Professsional Nurses. 61112010 To review disciplinary cases and related issues. June 16,2010 8:00 AM WV Board of CLOSED TO THE PUBLIC Board Conference Room 101 Dee Drive, Suite 102 Disciplinarv Review Committee Charleston, WV 25311 Solid Waste Management Board, 6/8/2010 FY 2011 Grant Program and Review of Grant Applications Submitted. June 16,2010 9:30 AM WV Quality Inn-Lewisburg 540 N. Jefferson Street Grants Committee Lewisburg, WV 24901 Solid Waste Management Board, 6/8/2010 FY 2012 Proposed Budget and Total Aggregate Amount of Grant Funds June 16,2010 9:00 AM WV Available for FY 20 II. Quality Inn-Lewisburg 540 N. Jefferson Street Finance Committee Lewisburg, WV 24901 Solid Waste Management Board, 6/8/2010 Financial Reports, Mason County Solid Waste Authority FY 2010 Grant June 16. 2010 10:00 AM WV Budget Revision Request, Monroe County Solid Waste Authority FY 2010 Quality Inn-Lewisburg Grant Budget Revision Request, Harrison County and Lincoln County 540 N. Jefferson Street Commercial Solid Waste Facility Siting Plan Updates, Lincoln County Lewisburg, WV 24901 Solid Waste Authority Comprehensive Litter and Solid Waste Control Plan Update, SW ANA Transfer Station Training and an Executive Session. Southern West Virginia 12/16/2009 Regular business meeting of the Southern West Virginia Community and June 22, 201 0 6:00 PM Community and Technical Technical College Board of Governors. General business of the Board will Southern West Virginia Community and College be considered. The meeting agenda will be posted three days prior to the Technical College meeting at http:southemwv.edu Building C

- Room 428 Board of Governors 2900 Dempsey Branch Road Mount Gay, WV Tourism. WV Division of 4/2812010 Monthly Tourism Commission Meeting June 17, 2010 1:30 PM Oglebay Resort WV Tourism Commission WheelingWV WorkForce West Virginia 6/8/2010 Workforce Investment Board Director's meeting. Topics include but not June 17, 2010 10:00 AM limited to: Summer Programs; Elevate America; Fiscal; Open Discussion 112 California A venue Workforce Investment Board Charleston, WV 25305

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

ID W 00

## PRICE LIST AGENCY RULE/ORDER AMOUNT 

### Air Quality Ambient Air Quality Standards $15.60 (45-8) Air Quality Permits for Construction and Major Modification of Major Stationary Sources of Air $12.80 (45-14) Pollution for the Prevention of Significant Deterioration Air Quality Standards of Performance for New Stationary Sources $12.40 (45-16) Air Quality Control of Air Pollution from Combustion of Solid Waste $17.00 (45-18) Air Quality Permits for Construction and Major Modification of Major Stationary Sources of Air $12.80 (45-19) Pollution Which Cause or Contribute to Nonattainment Air Quality Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities $13.00 (45-25) Air Quality Emission Standards for Hazardous Air Pollutants $20.60 (45-34) Crime, Delinquency and Law Enforcement Training Standard $8.80 Correction (149-2) Highways Use of State Road Rights of Way and Adjacent Areas $9.20 (157-6) Highways Use of State Road Rights of Way and Adjacent Areas $9.60 (157-6, emergency) Racing Commission Thoroughbred Racing $23.10 (178-1) Racing Commission Pari-Mutuel Wagering $15.00 (178-5) Tax Department Exchange of Information Agreement Between the State Tax Dept. and the WV Lottery $3.80 (110-50E)



# '" w 

# '"

### Tax Deparment Exchange of Information Agreement Between the State Tax Dept. and the Office of the $3.60 (ItO-50F) State Fire Marshal Water Resources Requirements Governing Water Quality Standards $12.80**(47~2)**



### 'i. oOllicc oflhe Secrelary of Stale Building I, Suile 157-K 1900 Kanawha Bhd., casl ('harh:slon, West Virginia 25305 

## Natalie E. Tennant Secretary of State State of West Virginia Telephone: (304) 558-6000 Toll Free: 1-866-S0S- VOTE Fax: (304) 558-0900 \\ WW, wv,os,com 941



### 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 liN/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

### TITLE NUMBER

TITLE 3 TITLE 10 TITLE 11 TITLE 13 TITLE 17 TITLE 24 TITLE 27 TITLE 29 TITLE 33 TITLE 35 TITLE 36 TITLE 38 TITLE 45 TITLE 47 TITLE 58 TITLE 61 TITLE 63 TITLE 64 TITLE 65 TITLE 69 TITLE 78 TITLE 81 TITLE 82 TITLE 85 TITLE 86 TITLE 87 TITLE 90 TITLE 91 TITLE 96 TITLE 110 TITLE 112 TITLE 113 TITLE 114 TITLE 126 TITLE 133 TITLE 135 TITLE 143 TITLE 144 TITLE 148 TITLE 150 TITLE 153 TITLE 157 TITLE 158 TITLE 162 TITLE 175 TITLE 176 TITLE 177 TITLE 178 TITLE 179 TITLE 190 TITLE 191 TITLE 204 TITLE 205 TITLE 207 TITLE 210 

### CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES NAME OF AGENCY

BARBERS AND COSMETOLOGISTS LICENSED PRACTICAL NURSES MEDICINE OCCUPATIONAL THERAPY PSYCHOLOGISTS OSTEOPATHY 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 OFFICE OF AIR QUALITY OFFICE OF WATER RESOURCES NATURAL RESOURCES AGRICULTURE CONSERVATION AGENCY HEALTH HEALTH CARE AUTHORITY HEALTH 

### & HUMAN RESOURCES HUMAN SERVICES STATE POLICE CULTURE AND HISTORY WORKERSCOMPENSATION BY THE INSURANCE COMMISSION VETERANS AFFAIRS FIRE COMMISSION CORRECTIONS MOTOR VEHICLES WORKFORCE WEST VIRGINIA TAX DEPARTMENT TREASURER HEALTH INSURANCE PLAN INSURANCE EDUCATION HIGHER EDUCATION POLICY COMMISSION COMMUNITY 

### & TECHNICAL COLLEGE EDUCATION PERSONNEL TOURISM ADMINISTRATION PUBLIC SERVICE COMMISSION SECRETARY OF STATE DIVISION OF HIGWAYS ETHICS COMMISSION CONSOLIDATED PUBLIC RETIREMENT BOARD ALCOHOL BEVERAGE CONTROL COMMISSION ALCOHOL BEVERAGE CONTROL COMMISSION

- BEER ATHLETIC COMMISSION RACING COMMISSION LOTTERY REAL ESTATE APPRAISER LICENSING 

### & CERTIFICATION BOARD FAMILY PROTECTION SERVICES BOARD HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY OUTDOOR HERITAGE CONSERVATION FUND COALFIELD COMMUNITY DEVELOPMENT GOHELP 942RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Administration State Owned Vehicles 6/25/2009 7/27/2009 7/30/2009 Modified & 8B240 3/30/2010 5/112010 (148-3) $4.00 Approved HB 4063 Legislative 10/13/2009 BUNDLED Filed 8B240 10/21/2009 Administration Procedure for the Payment of 1212912009 1/29/2010 (148-21) Unused Sick Leave to Employees $4.00 Procedural Agriculture Animal Disease Control 5/1212009 6/11/2009 5/12/2009 7/28/2009 Modified & SB 241 4/812010 7/1/2010 (61-1) $6.40 Withdrawn Approved HB 4064 Legislative 5/19/2009 9/14/2009 BUNDLED 6/23/2009 Filed HB 4108 Approved 9/22/2009 7/112009 Agriculture West Virginia Apiary Law of 1991 6/1/2010 7/1/2010 6/1/2010 (61-2) $3.80 ERDby Legislative 7/1312010 Agriculture General Groundwater Protection 6/1/2010 7/1/2010 (61-6C) Rules for Fertilizers and Manures $3.80 Legislative Agriculture Integrated Pest Management 6/11/2009 7/15/2009 7/21/2009 Modified & SB242 4/8/2010 7/1/2010 (61-12J) Programs in Schools and Day Care Approved HB 4065 Centers/Facilities 8/10/2009 BUNDLED $4.60 Filed HB 4108 Legislative 9/4/2009 Agriculture West Virginia Shellfish Rule 6/29/2009 7/29/2009 7/31/2009 Modified & SB243 4/8/2010 7/1/2010 (61-23B) $3.60 Approved HB 4066 Legislative 9/14/2009 BUNDLED Filed HB 4108 9/23/2009 AgriCUlture Best Management Practices for 6/11/2009 7/13/2009 7/15/2009 Modified & SB403 4/812010 7/1/2010 (61-27) Land Application of Waste Products Approved BUNDLED from Aquaculture Facilities 1/11/2010 HB 4108 $2.40 Filed Legislative 1/14/2010



### '£. IoUAGENCY/SERIES NO RULE NOTICE HEARING RULE MONITOR EMER RULE SEc/STATE LRMRe-ACTION LEGIS FINAL FILE EFFECTIVE Air Quality (45-8) Ambient Air Quality Standards $3.60 Legislative 6/10/2009 7/13/2009 7/28/2009 Approved 10/13/2009 S8273 HB 4050 BUNDLED SB 273 4/3012010 6/112010

Air Quality Ambient Air Quality Standards 6/9/2010 7/12/2010 (45-8) $15.60 Legislative Air Quality Permits for Construction and Major 6/10/2009 7/13/2009 7/2812009 Modified & SB267 4/30/2010 6/112010 (45-14) Modification of Major Stationary Approved HB 4088 Sources of Air Pollution for the 12/8/2009 BUNDLED Prevention of Significant Filed SB273 Deterioration 12/14/2009 $11.40 Legislative Air Quality Permits for Construction and Major 6/9/2010 7/1212010 (45-14) Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration $12.80 Legislative Air Quality Standards of Performance for New 6/10/2009 7/13/2009 7/28/2009 Approved SB268 4/30/2010 6/112010 (45-16) Stationary Sources 10/13/2009 HB 4045 $2.80 BUNDLED Legislative SB 273 Air Quality Standards of Performance for New 6/9/2010 7/1212010 (45-16) Stationary Sources $12.40 Legislative Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 (45-18) Combustion of Solid Waste $17.00 Legislative Air Quality Permits for Construction and Major 6/10/2009 7/13/2009 7/2812009 Approved SB269 4/30/2010 6/112010 (45-19) Modification of Major Stationary 1218/2009 HB 4046 Sources of Air Pollution Which BUNDLED Cause or Contribute to SB 273 Nonattainment $11.00 Legislative

I,Q 

## tRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Air Quality Permits for Construction and Major 6/9/2010 7/12/2010 (45-19) Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment $12.80 Legislative Air Quality Control of Air Pollution from 6/10/2009 7/13/2009 7/28/2009 Approved 8B270 4/30/2010 611/2010 (45-25) Hazardous Waste Treatment, 10/13/2009 HB 4047 Storage and Disposal Facilities BUNDLED $6.60 SB 273 Legislative Air Quality Control of Air Pollution from 6/9/2010 7/12/2010 (45-25) Hazardous Waste Treatment, Storage and Disposal Facilities $13.00 Legislative Air Quality Acid Rain Provisions and Permits 6/10/2009 7/13/2009 7/28/2009 Approved SB271 4/30/2010 6/112010 (45-33) $2.60 10/13/2009 HB 4048 Legislative BUNDLED SB 273 Air Quality Emission Standards for Hazardous 6/1012009 7/13/2009 7/28/2009 Approved SB272 4/30/2010 6/112010 (45-34) Air Pollutants 10/1312009 HB 4049 $2.80 BUNDLED Legislative SB 273 Air Quality Emission Standards for Hazardous 6/9/2010 7/1212010 (45-34) Air Pollutants $20.60 Legislative Alcohol Beverage Licensed Retailer Operations 9/14/2009 10/15/2009 8/3112009 11/20/2009 Control Comm. $7.60 Approved (175-1) Legislative 10/8/2009 Alcohol Beverage Licensing of Retail Outlets 9114/2009 10/15/2009 8/3112009 11/20/2009 Control Comm. $14.80 12110/2009 1/1212010 Approved 212212010 (175-5) Legislative 10/8/2009 Amendment 12110/2009 Approved 12114/2009 Alcohol Beverage Nonintoxicating Beer Licensing and 5/20/2009 6/2212009 7/16/2009 Modified & SB404 5/512010 5/5/2010 Control Comm.-Beer Operations Procedures ApproVed (176-1) $6.80 1/11/2010 Legislative Filed 1/21/2010

<D



## .... VIRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Athletic Commission Administrative Rules of the WV 5/20/2009 612212009 7/31/2009 Modified & SB244 5/5/2010 7/1/2010 (177-1) State Athletic Commission Approved HB 4067 $7.60 12/8/2009 Legislative Filed 1/8/2010 Barbers & Qualifications, Training, 6/30/2009 7/30/2009 7/31/2009 Modified & SB249 4/13/2010 7/1/2010 Cosmetologists Examination and Licensure of Approved HB 4072 (3-2) Instructors in Barbering and Beauty 121712009 BUNDLED Culture Filed HB 4108 $3.60 12/14/2009 Legislative Barbers & Rules and Regulations for Licensing 6/30/2009 7/30/2009 7/31/2009 Modified & SB250 4/13/2010 7/1/2010 Cosmetologists Schools of Barbering and Beauty Approved HB 4073 (3-3) Culture 12/7/2009 BUNDLED $3.20 Filed HB 4108 Legislative 12/14/2009 Barbers & Operation of Barber, Beauty Shops 6/30/2009 7/30/2009 7/31/2009 Modified & SB 251 4/13/2010 7/1/2010 Cosmetologists and Schools of Barbering and Approved HB 4074 (3-5) Beauty Culture 12/7/2009 BUNDLED $3.00 Filed HB 4108 Legislative 12114/2009 Barbers & Schedule of Fees 6/30/2009 7/30/2009 7/31/2009 Approved SB252 4/13/2010 7/1/2010 Cosmetologists $2.40 121712009 HB 4043 (3-6) Legislative BUNDLED HB 4108 Barbers & Schedule of Fees 5/10/2010 6/11/2010 4/27/2010 Cosmetologists $3.40 Withdrawn (3-6) Legislative 5/10/2010 51712010 Approved 5/14/2010 Barbers & Schedule of Fines 6/30/2009 7/30/2009 7/31/2009 Modified & SB253 4/13/2010 7/1/2010 Cosmetologists $4.80 Approved HB 4075 (3-7) Legislative 121712009 BUNDLED Filed HB 4108 12/14/2009 Barbers & Continuing Education 6/30/2009 7/30/2009 7/31/2009 Modified & 8B247 4/13/2010 7/1/2010 Cosmetologists $4.40 Approved HB 4070 (3-11) Legislative 121712009 BUNDLED Filed HB 4108 12/14/2009



# *AGENCY/SERIES NO RULE NOTICE HEARING RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Coal Mine Health and Safety (36-2)

Coal Mine Health and Safety (36-4) Emergency Communications Requirements for Shaft and/or Slope Operation and Arrangements for Emergency Medical Assistance and Transporting for Injured Persons; Reporting Requirements; Posting Requirements at Shaft and/or Slope Operations $2.60 Legislative Exempt

_ __ __ The Movement of Mining Equipment Within Coal Mines $4.60 Legislative Exempt 5/4/2010

5/4/2010 5/4/2010

5/4/2010

Coal Mine Health and Shortwall Mining Safety $3.00 (36-7) Legislative Exelllpt 5/4/2010 5/4/2010

Coal Mine Health and Safety (36-9)
Coal Mine Health and Safety (36-11) Electrical Provisions in Shaft and/or Slope Construction Operations $3.00 Legislative Exempt Underground Mine Foreman-Fire Boss Required; Assistants; Certification; The Reopening of Abandoned Mines and the DeEnergization of Self-Propelled Electric Coal Feeders; Performance Requirements $2.80 Legislative Exempt 5/4/2010

5/4/2010 5/4/2010

5/4/2010

Coal Mine Health and Safety (36-21)

Coal Mine Health and Safety (36-25) The Instructions of Employees and 5/4/2010 Supervision of Apprentices; Annual Examination of Persons Using Flame Safety Lamps; Records of Examination; Maintenance of Methane Detectors $2.60 Legislative**Exempt___~** Operation of Track HaUlage 4/9/2010 Locomotives $2.60 Legislative**Exempt_~** __ 5/4/2010

5/10/2010

Coal Mine Health and Safety (36-27) Rules and Regulations Governing Surface Areas on Mine Property and Limitations on Mining Adjacent to Gas Facilities $3.80 51712010 8/5/2010AGENCY/SERIES NO RULE NOTICE HEARING RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Coal Mine Health and Safety (36-44)

Coal Mine Health and Safety (36-47)

Coal Mine Health and Safety (36-48)

Coal Mine Health and Safety (36-49) Mine Rescue Requirements for the 4/2212010 5/28/2010 Office of Miners' Health, Safety and Training $4.00 Legislative Rules and Regulations Governing 10/27/2009 121212009 High Voltage Longwalls, Circuits and Equipment $3.80 Legislative Rules and Regulations Governing 10/27/2009 1212/2009 High Voltage Continuous Miners $5.00 Legislative

_ Requirement to Keep a Barometer 4/22/2010 5/28/2010 in the Mine Office; Requirement to Develop a Training Program for Use of Barometer by Mine Foreman to be Developed by Board of Miner Training and Certification; Recordkeeping $3.20 Legislative Coal Mine Health and Safety (36-50)

Coal Mine Health and Safety (36-51)

Coal Mine Health and Safety (36-52)

Coal Mine Health and Safety (36-53) Belt Conveyor; Installation; 4/2212010 Maintenance; Examination of Belt Conveyors and Belt Entries, Automatic Fire Warning Devices $5.20 Legislative Accessible Outlets; Safe Roadways 4/22/2010 for Emergencies; Accessibility of First Aid Equipment, Use of Special Capsule for Removal of Personnel, Escape way Maps and Drills $4.40 Legislative Fire In and About Mine; Notification 4/22/2010 of Director and District Mine Inspector; Mine Emergency Evacuation Plan $3.60 Legislative Testing and Calibration of Machine 4/22/2010 Mounted Methane Monitors on Working Face Equipment $3.20 Legislative 5/28/2010

5/28/2010

5/28/2010

5/28/2010



### 't coAGENCY/SERIES NO RULE NOTICE HEARING RULE MONITOR EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Coal Mine Health and Safety (36-54) Initial Training Program for Prospective Mine Rescue Team Members and Additional Mine Rescue Requirements $4.00 Legislative 4/27/2010 5/28/2010

Coalfield Community Community Development 6/30/2009 7/31/2009 7/31/2009 Modified & 8B282 4/29/2010 7/112010 Development Assessment & Real Property Approved HB4097 (207-1) Valuation Procedures for Office of 12/8/2009 BUNDLED Coalfield Community Development Filed 4110 $4.00 12115/2009 Legislative Community & Guidelines for the Offering of Early 1/29/2010 3/112010 4/22/2010 5/22/2010 Technical College Enrollment Courses for High School Education Students (135-19) $4.00 Procedural Community & Bookstores and Textbooks 1/29/2010 311/2010 412212010 5/2212010 Technical College $4.40 Education Procedural (135-51)

".

__**."--~~--** Consolidated Public General Provisions 5/7/2010 6/7/2010 Retirement Board $4.00 (162-1) Legislative Consolidated Public Teachers' Defined Contribution 5/7/2010 6/7/2010 Retirement Board System (162-3) $4.40 Legislative Consolidated Public Teachers' Retirement System 6/1512009 7/15/2009 7/30/2009 Modified & SB256 4/1212010 7/1/2010 Retirement Board $4.20 Approved HB 4078 (162-4) Legislative 9/14/2009 BUNDLED Filed SB240 9/23/2009 Consolidated Public Public Employees Retirement 51712010 6/7/2010 4/13/2010 Retirement Board System ERDby (162-5) $5.40 5/25/2010 Legislative Consolidated Public Refund, Reinstatement, Retroactie 51712010 617/2010 Retirement Board Service, Loan and Employer Error (162-7) Interest Factors $4.40 Legislative Consolidated Public West Virginia State Police 51712010 6/7/2010 4/13/2010 Retirement Board $5.40 ERDby (162-9) Legislative 5/25/2010

\0 -l'> \0RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Counseling Licensed Professional Counselor 6/16/2009 7/17/2009 7/31/2009 Modified & SB263 4/26/2010 7/112010 (27-2) Fees Approved HB 4084 $2.80 11/17/2009 BUNDLED Legislative Filed HB 4108 11/25/2009 Counseling Licensed Professional Counselor 611612009 7/17/2009 7/31/2009 Modified & SB264 4/26/2010 7/1/2010 (27-3) License Renewal and Continuing Approved HB 4085 Professional Education 10/13/2009 BUNDLED Requirements Filed HB 4108 $4.00 10/19/2009 Legislative Counseling Marriage and Family Therapists 6/16/2009 7/17/2009 7/31/2009 Modified & SB 265 4/26/2010 7/112010 (27-8) Licensing Rule Approved HB 4086 $4.40 11/17/2009 BUNDLED Legislative Filed HB 4108 11/25/2009 Counseling Marriage and Family Therapists Fee 6/16/2009 7/17/2009 7/31/2009 Modified & SB266 4/26/2010 7/112010 (27-9) Rule Approved HB 4087 $2.80 11/17/2009 BUNDLED Legislative Filed HB 4108 11/25/2009 Counseling Marriage and Family License 6/16/2009 7/17/2009 7/31/2009 Modified & SB262 4/26/2010 7/1/2010 (27-10) Renewal and Continuing Approved HB 4083 Professional Education 10/13/2009 BUNDLED $4.20 Filed HB 4108 Legislative 10/19/2009 Crime, Delinquency Law Enforcement Training Standard 61712010 7/15/2010 and Correction $8.80 (149-2) Legislative Culture and History Archives and History Library 10/21/2009 11/23/2009 11/24/2009 1/4/2010 (82-6) Services and Fee Guidelines $6.20 Procedural Education Standards for Basic and Specialized 5/13/2010 6114/2010 (126-25A) Health Care Procedures (2422.7) $30.20 Legislative Exempt Education 21$t Century Science 9-12 Content 2111/2010 3/15/2010 4/16/2010 7/1/2010 (126-44R) Standards and Objectives for WV Schools (2520.35) $24.50 Legislative Education 21 st Century Advisor/Advisee 5-12 3/11/2010 4/1212010 5/13/2010 6/14/2010 (126-44U) Content Standards and Objectives for West Virginia Schools (2520.19) $17.50 Legislative

U) V1 0RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Education Establishment and Operation of 3/11/2010 4/12/2010 5/13/2010 7/112010 (126-72) Regional Education Service Agencies (3233) $5.60 Legislative Education Standards of Professional Practice 2111/2010 3126/2010 5/24/2010 7/112010 (126-165) for WV Superintendents, Principals and Teacher Leaders (5800) $10.20 Legislative Ethics Commission Forms 4/13/2010 5/14/2010 (158-20) $3.40 Legislative Family Protection Family Protection Programs, 3/18/2010 4/19/2010 3/17/2010 Services Board Outreach Service and Shelter Approved (191-2) Licensure 3/31/2010 $5.80 Withdrawn Legislative 51712010 Family Protection Perpetrator Intervention Program 3/18/2010 4/19/2010 3/17/2010 Services Board Licensure Approved (191-3) $5.20 3/31/2010 Legislative Withdrawn 51712010 Fire Commission State Fire Code 5/14/2009 6/1612009 7/21/2009 Modified & SB283 4/26/2010 7/112010 (87-1) $7.40 Approved HB 4098 Legislative 12/8/2009 BUNDLED Filed HB 4081 12/16/2009 Fire Commission State Building Code 5/14/2009 6/16/2009 7/21/2009 Modified with SB284 4/26/2010 7/112010 (87-4) $4.00 certain HB 4127 Legislative amendments & BUNDLED Approved HB 4081 1218/2009 Filed 12/16/2009 Health and Human Nurse Aide Abuse Registry 6/25/2009 7/27/2009 7/31/2009 Modified & 8B290 4/9/2010 7/1/2010 Resources $3.60 Approved HB 4102 (69-6) Legislative 11/17/2009 Filed 11/20/2009 Higher Education Guidelines for the Offering of 112712010 311/2010 4/27/2010 5/27/2010 Policy Commission College Courses for High School (133-19) Students $4.40 Procedural

ID \J1 

# -RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEc/STATE LRMRe-ACTION LEGIS FINAL FILE EFFECTIVE Higher Education Bookstores and Textbooks 1/27/2010 3/1/2010 4/27/2010 5/27/2010 Policy Commission $9.00 (133-51) Procedural Highways Use of 8tate Road Rights of Way 61712010 7/7/2010 61712010 (157-6) and Adjacent Areas ERD by $9.20 7/20/2010 Legislative Human Services Out-of-School- Time Child Care 6/30/2009 7/30/2009 7/31/2009 Modified & 88408 4/9/2010 7/1/2010 (78-21 ) Center Licensing Requirements Approved $8.80 1/1312010 Legislative Filed 1/20/2010 Insurance Commission Variable Life Insurance 5/26/2009 6/25/2009 7/17/2009 Modified & 88409 4/14/2010 7/16/2010 (114-11 D) $6.40 Approved Legislative 1/13/2010 Filed 1/26/2010 Insurance Commission Annuity Disclosure 5/26/2009 6/25/2009 7/17/2009 Modified & 88410 4/14/2010 7/16/2010 (114-11 E) $6.80 Approved Legislative 1/13/2010 Filed 1/25/2010 Insurance Commission Use of Senior-Specific Certifications 5/26/2009 612512009 7/17/2009 Modified & S8296 4/14/2010 7/112010 (114-89) and Professional Designations in Approved H84107 the Sale of Life Insurance and 12/7/2009 Annuities Filed $3.00 12/17/2009 Legislative Miners' Health, 8afety Rules and Regulations Goveming 5/26/2010 6/30/2010 and Training the Safety of Those Employed in (56-3) and Around Surface Mines in West Virginia $19.90 Legislative Mines Training Certification of Surface Mine 5/4/2010 5/4/2010 Education & Foremen Certification, Board of $2.80 (48-6) Legislative Exempt Mining & Reclamation West Virginia Surface Mining 12/16/2009 1118/2010 12/16/2009 2/1/2010 (38-2) Reclamation Rule Approved $31.20 12/2312009 Legislative Motor Vehicles Denial, Revocation, Restriction or 9124/2009 10/26/2009 9/9/2009 10129/2009 Modified & 8B299 4/15/2010 7/1/2010 (91-5) Non Renewal of DriVing Privileges Approved Approved HB 4109 $11.80 9/18/2009 11/18/2009 BUNDLED Legislative Filed S8291 11/23/2009

ID VI IVRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE lRMRC-ACTION lEGIS FINAL FilE EFFECTIVE Motor Vehicles Collection of Tax on the Sale of a 9/24/2009 10/26/2009 919/2009 10129/2009 Approved SB300 4/1512010 7/1/2010 (91-9) Vehicle Approved 11/17/2009 HB 4056 $3.80 9/1812009 BUNDLED Legislative SB 291 Natural Resources Special Motorboating Regulations 5/4/2010 6/6/2010 4/13/2010 (58-27) $3.40 Legislative Natural Resources Deer Hunting Rule 5/28/2009 6/29/2009 7/10/2009 Modified & SB302 5/312010 7/1/2010 (58-50) $3.00 Approved HB 4110 LegiSlative 8/10/2009 BUNDLED Filed HB 4110 8/14/2009 Natural Resources Special Fishing Rule 5/28/2009 6/29/2009 7/31/2009 Approved 8B303 5/3/2010 7/1/2010 (58-61 ) $3.20 9/14/2009 HB 4058 Legislative BUNDLED HB 4110 Occupational Therapy Administrative Rule of the Bd. Of 5/15/2009 6/18/2009 7f712009 Modified & SB304 4115/2010 7/1/2010 (13-1) Occupational Therapy and Approved HB 4111 Licensure of Occupational 11/17/2009 BUNDLED Therapists and Occupational Filed HB 4108 Therapy Assistants 11/24/2009 $3.80 Legislative Occupational Therapy Fees for Services Rendered by the 5/1512009 6/18/2009 6/12/2009 71712009 Modified & SB305 4/15/2010 7/1/2010 (13-3) Board Approved Approved HB 4112 $2.60 7/22/2009 11/17/2009 BUNDLED Legislative Filed HB 4108 11/24/2009 Occupational Therapy Continuing Education and 5115/2009 611812009 71712009 Modified & SB306 4/15/2010 7/112010 (13-4) Competence Approved HB 4113 $3.40 11/17/2009 BUNDLED Legislative Filed HB 4108 11/24/2009 Occupational Therapy Competency Standards for 511512009 6/18/2009 5/13/2009 71712009 Modified & SB307 4/15/2010 7/112010 (13-5) Advanced Practice by Occupational Approved Approved HB4114 Therapists and Occupational 6/2/2009 11117/2009 BUNDLED Therapy Assistants Filed HB 4108 $2.80 11/24/2009 Legislative Occupational Therapy Ethical Standards of Practice 511512009 6/18/2009 71712009 Modified & SB308 4/15/2010 7/112010 (13-6) $2.80 Approved HB 4115 Legislative 11/17/2009 Filed 11/24/2009

<D VI INRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEc/STATE lRMRC-ACTION lEGIS FINAL FilE EFFECTIVE Outdoor Heritage Rules of the Outdoor Heritage 6/23/2009 7/24/2009 7/30/2009 Modified & 5B 312 4/29/2010 7/112010 Conservation Fund Conservation Fund Approved HB 4119 (205-1) $4.00 9/14/2009 BUNDLED Legislative Filed HB 4110 9/21/2009 Parkways Economic Rule Providing for Sign, Kiosk or 5/19/2010 6/25/2010 Dev. & Tourism Auth. Monument Placement at Turnpike (184-4) Travel Plazas, Rest Areas, Welcome Center and Tarnarack $3.40 Procedural Personnel Administrative Rule of the WV Div. 5/29/2009 6/2912009 7/30/2009 Approved SB 313 5/4/2010 7/1/2010 (143-1) of Personnel 10/13/2009 HB 4059 $10.00 BUNDLED Legislative SB240 Professional Application of Engineering Seal 5/26/2010 6/28/2010 Engineers, Bd. of Reg. $3.20 (7-3) Interpretive Psychologists Organization and Procedures of the 5/5/2010 617/2010 (17-2) Bd. Of Examiners of Psychologists $5.40 Procedural Psychologists Qualifications for Licensure as a 6/11/2009 7/13/2009 7/27/2009 Modified with SB 415 4/16/2010 6/112010 (17-3) Psychologist andlor a School certain BUNDLED Psychologist amendments and HB 4108 $5.20 Approved Legislative 1/13/2010 Filed 1/14/2010 Public Service Rules for the Government of Sewer 8/15/2008 10/31/2008 Commission Utilities (150-5) $12.40 Exempt Legislative Public Service Rules for the Government of Water 8/15/2008 10/31/2008 Commission Utilities (150-7) $14.40 Exempt Legislative Public Service Rules Governing Electric Utility Net- 2/2/2010 41512010 Commission Metering Arrangements and (150-33) Interconnections $7.20 Procedural Racing Commission Thoroughbred Racing 1/1212010 2/1212010 1/12/2010 4/1212010 (178-1) $14.50 Approved Legislative 1/28/2010 THE ABOVE RULE HAS BEEN WITHDRAWN 6/7/2010

ID V1 

## ..,.RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE Racing Commission Thoroughbred Racing 61712010 7/8/2010 (178-1 ) $23.10 Legislative Racing Commission Pari-Mutuel Wagering 61712010 7/8/2010 (178-5) $15.00 Legislative Real Estate Appraiser Requirements for Licensure and 11712009 2113/2009 1212312008 3/2312009 Modified & SB314 4/26/2010 7/112010 Licensing & Certification 6/30/2009 7/30/2009 Effective Withdrawn Approved HB 4120 Certification Board $8.60 2/4/2009 7/1312009 9/14/2009 BUNDLED (190-2) Legislative Expired Filed HB 4108 3/23/2010 9/22/2009 Real Estate Appraiser Renewal of Licensure or 11712009 2/13/2009 12/2312008 3123/2009 Approved SB 315 4/26/2010 4/26/2010 Licensing & Certification Effective 7/15/2009 HB 4060 Certification Board $3.00 214/2009 BUNDLED (190-3) Legislative HB 4108 Real Estate Appraiser Investigative and Hearing 3/3/2010 4/5/2010 4/26/2010 5/26/2010 Licensing & Procedures Certification Board $3.40 (190-4) Procedural Regional Jail & Charges Assessed Against Inmates 4/1212010 5/28/2010 Correctional Facility for Services Provided by Regional Authority Jail, Medical Co-Payment (94-9) $3.80 Interpretive Sanitarians, Bd. Of Interim Fee Schedule 5/18/2010 Reg. for $3.40 (20-3) Legislative Secondary Schools Athletics, Provisions Governing 5/13/2010 6/14/2010 Activities Comm. Eligibility (127-2) $5.60 Legislative Exempt Secondary Schools Provisions Governing Contests 5/13/2010 6114/2010 Activities Comm. $8.80 (127-3) Legislative Exempt Senior Services WV State Plan for Aging Programs 4/1/2010 Hearing (76-3) $12.10 5/17/2010 Interpretive Comments 611/2010 Speech-Language Licensure of Speech-Pathology and 5/11/2009 611512009 6/17/2009 Modified & SB 319 4/812010 7/1/2010 Pathology & Audiology Audiology Approved HB 4124 (29-1) $4.60 7/15/2009 BUNDLED Legislative Filed HB 4108 7/23/2009 State Police Organizational Structure 5/25/2010 613012010 (81-13) $3.60 Interpretive



# '" U1 U1RULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE State Rail Authority Valuation of Used Rolling Stock and 3/31/2010 4/30/2010 5/13/2010 (172-2) Equipment $3.60 Legislative Tax Department WV Film Industry Investment Act 6/26/2009 7/27/2009 7/30/2009 Modified & SB 418 5/612010 5/11/2010 (110-13X) $4.40 Approved Legislative 1/11/2010 Filed 1/21/2010 Tax Department Consumers Sales and Service Tax 5/19/2009 612212009 6/23/2009 Modified & SB320 5/6/2010 5/11/2010 (110-15C) and Use Tax

- Drugs, Durable Approved HB 4125 Medical Goods, Mobility Enhancing 11/18/2009 Equipment and Prosthetic Devices Filed Per Se Exemption; Motor Vehicles 11/30/2009 Per Se Exemption $2.80 Legislative Tax Department Residential Solar Energy Tax Credit 6/2612009 7/27/2009 7/30/2009 Modified & SB 321 5/612010 5/11/2010 (110-21 D) $4.00 Approved HB 4126 Legislative 11/18/2009 Filed 11/30/2009 Tax Department Corporate Net Income Tax 612612009 7/27/2009 7/31/2009 Modified & SB419 5/6/2010 5/11/2010 (110-24) $17.10 Approved Legislative 1/11/2010 Filed 1/21/2010 Tax Department Exchange of Information Agreement 6/312010 7/6/2010 (110-50E) Between the State Tax Department and the WV Lottery $3.80 Legislative Tax Department Exchange of Information Agreement 6/3/2010 7/6/2010 (110-50F) Between the State Tax Department and the State Fire Marshal $3.60 Legislative Treasurer's Office Establishment of Imprest Funds 5/26/2010 6/28/2010 (112-3) $3.60 Legislative Waste Management Solid Waste Management Rule 6/12/2009 7/14/2009 7/30/2009 Modified & SB 274 4/912010 5/1/2010 (33-1 ) $22.70 Approved HB 4089 Legislative 12/8/2009 BUNDLED Filed SB 273 12111/2009



# "" V1 OlRULE MONITOR AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SEC/STATE LRMRC·ACTION LEGIS FINAL FILE EFFECTIVE Water Resources Requirements Governing Water 3/3/2010 4/1/2010 3/3/2010 6/4/2010 (47-2) Quality Standards 6/4/2010 7/19/2010 Approved $12.80 3/5/2010 Legislative Water Resources National Pollutant Discharge 6/12/2009 7/16/2009 7/30/2009 Modified & S8277 4/8/2010 7/1/2010 (47-10) Elimination System (NPDES) Approved H84091 Program 9/14/2009 BUNDLED $13.20 Filed 58273 Legislative 9/17/2009 Water Resources Requirements Governing 6/12/2009 7/16/2009 7/30/2009 Modified & S8239 4/23/2010 7/112010 (47-12) Groundwater Standards Approved H84092 $3.20 9/14/2009 BUNDLED Legislative Filed 5B 273 9/18/2009 Water Resources WVlNPDES Rule for Coal Mining 6/10/2009 7/14/2009 7/31/2009 Modified & S8279 4/21/2010 7/112010 (47-30) Facilities Approved HB4094 $12.90 9/14/2009 BUNDLED Legislative Filed SB 273 9/17/2009 Workers Compo by the Workers Compensation Policies, 2123/2010 3125/2010 Insurance Comm. Coverage Issues and Related (85-8) Topics $6.80 Legislative Exempt Workers Compo by the Medical Review 2/23/2010 312512010 Insurance Comm. $3.60 (85-22) Legislative Exempt WorkForce West Employer Violator System 8/5/2009 9/7/2009 7/31/2009 9/24/2009 Virginia $5.20 Approved (96-3) Legislative 8/24/2009

<0 V1 -...I

### , r:: 10:::9 Do Not Mark In This Box

____________________________**~I ~~~~----** **v,~** v : .,Co Do Not Mark In This Box 

### LEGISLATIVE 

## WEST VIRGINIA SECRETARY 

## OF STATE ;'.1: , .; NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Form #1 

## WEST VIRGINIA SECRETARY OF 

## STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION Fonn#1
NonCE OF A PUBLIC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE
AGENCY: WV I?q>artmcnt of Ettvironmenlal Proleotion

- Division of Air Quality TITLE NUMBER: 4_5 RULE TYPE: Legislative CITE AUTHORITY: W, Va. Code §22-5-4 AMENDMENT TO AN EXISTING RULE: YESCEJ NoD AGENCY: WV Department of Environmental Protection· Division of Air Quality TITLE NUMBER: 4_5 RULE TYPE: Legislative CITE AUTHORITY: W. Va. Code §22-5-4 AMENDMENT TO AN EXISTING RULE: YES!JD NoD IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSR8 TITLE OF RULE BEING AMENDED' Ambient Air Quality Standards IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSRI4 TITLE OF RULE BEING AMENDED: Permi

.. for Constructioo and Major Modification of Major StationatV Sources of Air Pollution for the Prevention of Significant Deterioration

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_ IF NO. SERIES NUMBER OF RULE BEING PROPOSED:

_ 'tiTLE OF RULE BEING PROPOSED:

_

DATE OF PUBLIC HEARING: July 12,2010 00 TIME: 6: p.m. LOCATION OF PUBLIC HEARING: WV Department o(Environmental Protection Dolly Sods Confo

..... Room 601 571h**S_~** S.E. OI_n, WV 25304 n
COMMENTS LIMITED TO: ORALO WRiTTEND BOTH[KJ DATE OF PUBLIC HEARING: July 12.2010 TIME: 6:00p.m. LOCAnON OF PUBLIC HEARING: WV Department of Environmental Protection Dolly Sods ConfdtellCC Room 601 57th Street, S.E.**Charleston~** WV 25304
COMMENTS LIMITED TO: ORALD WRITTEND BOTH[8] III

DATE WRITTEN COMMENT PERIOD ENDS: WRITTEN COMMENTS MAYBE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review ofthcse comments.

The isslleS 10 be beard shall be limited 10 1he proposed role. July 12,2010 TIME: Close of Hearing Kadw Cosco. Public Inform.t;.n Office wv Department ofSnvirontnCfltal Prol.ection 601 57th Stm:t, S.E. OI",I","on. WV 25304 DATE WRlTrEN COMMENT PERIOD ENDS: WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. July 12,2010 TIME: Close o!Hearing Kathy Cos<». Publie Inform.tion Office**WVl)~.partmen[-orEnv\ronin_cntal-Pi:Oicction** 60 I 57th Street, S.E. Charleston, WV 25304
fhe issues to be heard shall be limited to the proposed rule.

ATrACH A lYUEf SUMMARY OF YOUR PROPOSAL
, ,.--c**~-** " , Autholjf:ed Siil\lli'iml A HACM A!llY£Ii: SUMMARY OF YOUR PROPOSAL 

## -.**"-'.~""**



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# "**AuthorizedS~ature** .

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### 3 Do Not Mark In This Box**---------------------------~'--~~~~~~~.~,~--------** 

## . WEST VIRGINIA LEGISLATIVE 

## SECRETARY OF STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION Fonn#1**~"w= :~**  i.:... •. '-' Do Not Mark In This Box

Fonn#1 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION

___________________________**~I -----~---**  NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: WV Oepa_eot of Eoviroomental Protection· Division of Ai, Quality TITLE NUMBER: 45 AGENCY: WV Department of Environmental Protection· Division of Ai, Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY: W. Va. Code §22-5-4 AMENDMENT TO AN EXISTING RULE: YES[8] NoD IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSRI6 TITLE OF RULE BEING AMENDED: Standards ofP",fonnanee for New Stationary Sources RULE TYPE: Legislative CITE AUTHORITY: W. Va. Code §22-5-4 AMENDMENT TO AN EXISTING RULE: YES[8] NoD IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSRI8 TITLE OF RULE BEING AMENDED: Control of Ai, Pollution trom Combustion of Solid Waste

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_ IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_



## ._-----------------------------------------
DATE OF PUBUC HEARING: July 12,2010 TIME: 6:00 p.m. LOCATION OF PUBLIC HEARING: WV Otpamnent of Environmental Protection Dolly Sods**CODf~nce** Room DATE OF PUBLIC HEARING: July 12.2010 TIME: 6:<l0 p.m. LOCATION OF PUBLIC HEARING: WV Depatlment of Enviromoental Protection Dolly Sods Conference Room 601 57th Street, S.I1. 601 57th Street. S.I1. Charleston. WV 25304 !!I Charleston, WV 25304 n
COMMENTS LIMITED TO: ORALO WRITTENO BonI[8] COMMENTS LIMITED TO: ORALO WRITTENO BOTH[8]

DATE WRITTEN COMMENT PERIOD ENOS: WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. July 12.2010 TIME: Close of Hearing Kathv CoseQ .. Public.lnf«.nmation Office WV"Ddi'»amncnt-ofEnvironmental Protection 60l 57th Street, S.I1. Charleston, WV 25304 DATE WRITTEN COMMENT PERIOD ENDS: WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. July 12,2010 TIME: Clos.ofHearln; Kathy CoS<>O •. Publie Information Office wv r>epartmentof EnvironmenrafPrOtCCtlon 601 57th Street. S.E. CbadesLOn. WV 25304 Th< issues to be heard shall be limited 10 the proposed rule. The issues to be heard shall be limited to the proposed rule.

A1-rACI1 A I!RIU SUMMARY OF YOUR PROPOSAL



## 0-.0



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# '" VI 

# '"--------------------**~I** ---------- fa: 1,1 Do Not Mark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION Form #1**.~,.** 10= 

## fa Do Not Mark In Th' 

### LEGISLATIVE IS Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION Form #1

___________________________ I :.
NOTICE OF A PUBUC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

RULE TYPE: Legislative C[TE AUTHORITY: W. Va. Code §22-5·4 AMENDMENT TO AN EXISTING RULE: YES[8J NoD [F YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSRI9 RULE TYPE: Legislative CITE AUTHORITY: W. Va. Code §22.54 AMENDMENT TO AN EXISTING RULE: YES[8] NoD IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSR25 AGENCY: WV Depanment of Environmental ProteCtion

- Division of Air Qualily TITLE NUMBER: 45 AGENCY: WV Department ofEuvironmental Protection
- Division ofAir Quality TITLE NUMBER: 45

TITLE OF RULE BEING AMENDED- P"""its for Construction and Major Modification "fMajor Stalion

... Sources of Air Pollution Which Cause or Contribute to Nonattainment TITLE OF RULE BEING AMENDED' CQntrol of Air PQllution from Hazardous W.ste Trcatrncn; Stora.e and Disposal Pacilities

IF NO, SERIES NUMBER OF RULE BE[NG PROPOSED:

_
• TITLE OF RULE BEING PROPOSED:

_ IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ T[TLE OF RULE BEING PROPOSED:

_


## "------------------------------------------

DATE OF PUBLIC HEARING: July 12,2010 T[ME: 6:00p.m. LOCA nON OF PUBLIC HEARING: WV Department of Environmental Protection Dolly**~ods** Conference Room DATE OF PUBLIC HEARING: July 12.2010 TIME: 6:00 p.m. LOCATION OF PUBLIC HEARING: WV Department of Environmental Protection Dolly Sods Conference Room
601 57th S

.... t. S.E. Charleston. WV 25304 n 60 I 57th Street. S.B. Charleston, WV 25304 a

COMMENTS LIMITED TO: ORALD WRITfEND BOTHOO COMMENTS LIMITED TO: ORALD WRITTEND BOTHOO

DATE WRITTEN COMMENT PER[OD ENDS: WRITTEN COMMENTS MAYBE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. July 12.2010 TIME: Close of Hearing Kathv (..:01>_<:0. PuQ.licJnf9rmati9n Office WV Depanment of Environmental Protection 601 57th St>=t. S.t! Charl

... ton, WV 25304 DATE WRITTEN COMMENT PERIOD b'NDS: WRiTfEN COMMENTS MAYBE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments. 1uly 12. 2010 TIME: Close of Hearing Kathv CQSCO.**P~1je I~fonni1tiQn**  Office: WV DepartmcnCOfltilVironmenlal P",rceiion 601 57th Slrcct. S.E. Charleston, WV 25304

The issues to be heard shall limited 10 the proposed rule. The**i~l:;ues** 10 be heard shall be limited 10**th~** proposed rule,

AITACII A.!lBIEl SUMJI,tARY OF YOUR PROPOSAl.**~~-** .v<**~i;""::""""':- Auth~**  SIgnature AHACH A :!llY.E[ SUMMARY OF YOUR PROPOSAL

......-- .. 

### , ......... ""'"

" Author'li!ed Signatu're 

## .(ttfJ

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### '" 0- oForrn#2 I ( :,0,1:- ._------------- ZU!llX:-1 MlIl:5J Do Not Mark In This Box

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION LEGISLATIVE

- y.,-\,t; Lt. ,:, -s r.'llO: l; I Do Not Mark In This Box 

## WEST VIRGINIA 

## SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW 

## DIVISION**-~~~------------------ ~I----~----~------**  NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

RULE TYPE: Legislative CITE AUTHORlTY: ,ilS!l!ta!lllut!lloryrv..;3!ll0.''29lt;-301-

_ AMENDMENT TO AN EXISTING RULE: YES.25- NO_ IF YES, SERlES NUMBER OF RULE BEING AMENDED: 2 mLE OF RULE BEING AMENDED:.-=.L._w.,:En....:,fo.,:=_mc.:.:..,nt..::T:.::ra:.::in:.::in:. B .:..Sta::.n..:da::.rd:.-

_ AGENCY: WV Department or Environmental Protection

- Division or Air Quality TITLE NUMBER: 45 RULE TYPE: Legislative CITE AUTHORITY: W. Va. Code**~22-5-4** AMENDMENT TO AN EXISTING RULE: YESCEJ NoD IF YES. SERIES NUMBER OF RULE BEING AMENDED: 45CSR34 TITLE OF RULE BEING AMENDED' Emission Standards for Hazardous Air Pollut

..... AGENCY: Governor's Committee on Crime, Delinquency and Correclion TITLE NUMBER: 149

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_ IF NO, SERlES NUMBER OF RULE BEING PROPOSED:

----- TITLE OF RULE BEING PROPOSED:

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



## ------------------------------------------ DATE OF PUBLIC HEARING: July 12. 2010 TIME: 6:00 p.m. LOCATION OF PUBLIC HEARING: WVDep.rtment of EnvironmOl,llIJ Protection DoILy Sods Conference Room 601 57th Street, S.E. Charleston, WV 25304 n IN LIEU OF A PUBLIC HEARING, A COMMENT PERlOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MA YSEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON July 15.2010 AT 5:00p.m. ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:



# ¥b:1P THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.



# . ,/),**,~~/j;~1;;~cT~-"** Authorized slgnature

. /,.'

### ATTACHA~SUMMARYO;Y~~b~el Executive Director (304) 558·8814, eXl 53315 Char!

... A.Sadlcr@wv.go v 1204 Kanawha BoUlevard E:tst
Charl

.. ton. WV 25301 Law Enforcement Training Coordinator Division QfCriminal Justice Services Retired Captain Chuck Sadier**,~~-----_._** ... ".
.... - ....•.. --------...;

. .....**Auth"rized)i~atur. ,,~**  ',,:;. Charl",,"'n, WV 25304 TIM E: Close oCHearinG Kathv Coseo. Public Information Office WVDCpartment of BnvlronJmn-t'iIPfotcction 601 57th Street, S.B.



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## -::::-::"<:'" 'r.

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..**¢..s..:-<'>,~1-~. ~"**  ..**:::.:.~** '11te issues to be heard shall be limited to**th~** proposed rule. DATE WRlTTEN COMMENT PERIOD ENDS: July 12,2010 WRITTEN COMMENTS MAY BE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit written comments in order to facilitate the review of these comments.

ATrACH A:mYEl SUMMARY Of YOUR**PROPO~AL** COMMENTS LIMITED TO: ORAtO WRiTTENO BomQI]

# ~1>\P

\D at 

# -NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE fH.jAwqy,s AGENCY: West Virgmia Doponmcnt ofTr>csportalion TITLE NUMBER: 151 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION**~M~** 

## ------------------------- 00 Not Marft In This Box

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### r.. I::: I LEGISLATIVE

'ji;,:\ i1 ij' \I"

\L,ll"h;; ;U
;i;1

June 8, 2010

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RULE TYPE: Legislative CITEAUTHORlTY: WVaCode 11-1 2A 4,16202:1 Mdn AMENDMENT TO AN EXISTING RULE: YES 2.. NO_ JF YES. SERIES NUMBER OF RULE BEING AMENDED: Six TITLE OF RULE BEING AMENDED: USC .rState Road Rigbts or Way and Adjacent Aroa,

IF NO. SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BElNG PROPOSED:

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

Dear Secretary Tennant:

IN LIEU OF A PUBLTC HEAR.lNG. A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERlODWn,LENDON July 

## 1 ,2010 AT 4:00p.m. ONLYWRmEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:
Mll1\'in Murphy; Kathy Holtsclaw wv Dept.**ofTmnsportation~** Division of Highways Rldg. 5, Runm 164 1900 KlInawba Blvd .• E, Chnrieston. WV 25305·0430 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.

" / t J f}'k ,J 

## "JtLi'v t tA.

## iVw'U~1'\'" Authoriud Sign.tlire v Pursuant to W, 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-1 et seq.
Enclosed are game rules for 'Triple Lucky 7s", "Triple Double Diamond Free Games", "Classic Sevens", 'Triple Stars", "Double Diamond Strike", 'Triple Lucky 7's", "3X 2X Super Sevens", "Double Diamond Strike", "Red, White & Blue", "Maggie and the Martians·, "Golden Eagle", "Snapdragon", "White Orchid", "Red Mansions", "Captain Payback", "Cats", "Cats", "Wildwood", "Diamond Queen", "Arctic Fox", "Vesuvius", "Night Sky", "UI' Lady", "Five Times Pay", "Triple Red Hot Gold Free Games", 'Triple Lucky 7'1', "Double Diamond", 'Triple Silver", "2X 3X 4X 5X Dragon", "Triple Strike 2 for 1", "Big Time Payroll", "Super Slingo Jackpot". "Double 3X 4X 5X Times Pay", "Treasures of Troy·, "Stinkin' Rich", "Super Times Pay Free Games". "Super 2X 3X 4X 5X Times Pay Free Games", and "BAMI" games manufactured by International Game Technology for lottery terminals located at all four licensed racetracks in the State.

AITACH A BB.IEE SUMMARY OF YOUR PROPOSAL

# ~~ 't!,

<D 0\ IVLEGISLATIVE**~':>Tc;** Do Not Mark In This Box

.JO£ MAN(:"HIN UI GOVERNOR , ZfilO JLN

- 

### i PH 12:**~l;** DEPARTMENT OF REVENUE VIRO'L T. HELTON CABINET SECRETARY OFFICE OF THE SIlCRETARY " r 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Form #2



# ------------------------- .. '

- i**r,·~** t

..... , t**~,** I":": ..;

TITLE NUMBER: 178 STATE CAPITOL CHARLESlON, WEST VIRGrNfA

June 4. 20!0

The Honorable Nalalie E, Tennanl West Virginia Secretary of State State Capitol, Building 1. Suite 157-K Charleston. West Virginia 25305 NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE
AGENCY' West Virgmia Racing Commission RULE TYPE: Legisl>li,e CITE AUTHORITY: WV Cod< 19-?3-2!o! 19=23.3(171, 19·2.1-6,

. 19-23-8,19·23-9,19-23·13, 19·23-l3b, 19·23·15 AMENDMENT TO AN EXISTING RULE: YES _'_ NO_ IF YES, SERIES NUMBER OF RULE BEING AMENDED:

_ TITLE OF RULE BEING AMENDED: Th

_ oro

_"..:g1_'b_n:d_R_a_ci...: n g:.-

_

Dear Secretary Tennant: Re: Withdrawal l,f amendment to 178 CSR 1 IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_

Sincerely;' IN LIEU OF A PUBLIC HEARING. A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES, THIS COMMENT PERIOD WILL END ON July 8, 2010 AT 5:uO p.m. ONLYWRI'ITEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: The Wcsl Virginia Racing Commission proposes a complete repeal and replace of its Thoroughbred Racing rule in a legislath'e rule filed today for public comment. The Commission theretbre wishes to withdraw the Legislative Rule previously filed on April] 2. 20 I 0, This rule was initially tiled lIS an Emergency Rule in January 20! 0 amending one section of 178 CSR L Thoroughhred Racing,
Thank you for your attention to this matter,


### ; '/,j 

## / ' ,/,fjl.t." j",{/',.(" , "- Virgil 

### f. BlIlton ) Cabi net Secretary
VTHlcn

ce: Joe E, Smith. Chainnan ofthe West Virginia Racing Commission West Virginia Racing Commission

106 OecDtive
Chl1{1cston. Wcs[ Virginia 25311 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE,

/'

" f" A'liiloriz.;'fSignature

WEsT WINe, ROOM 3011 P.O. Box 963 CIIARLfS1'ON, WEsT VIRGINIA 25324 'TELEPHONE 300 5sa-om FAt;SJM'LE 3041558-1324 A'ITACH A.!mlEl SUMMARY OF YOUR PROPOSAL



## '" IV

### ~,,&-J'\:

-0 en wNOTICE OF A COMMENT PERIOD ON A PROPOSED RULE Do Not Mark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Form #2



# ------------------------- " •

- i P., ;2::': 

### LEGISLA llVE 

## WEST VIRGINIA SECRETARY OF STATE NATALIE TENNANT 

## ADMINISTRATIVE LAW DIVISION Form #2 il: Do Not Mark In this Box

-3**Pi'~** 3: 3ci

IF YES, SERIES NUMBER OF RUI.E BEING AMENDED:

__ ..:.-

__ TITLE OF RULE BEING AMENDED,:..·P=.ari:.;.M:;.:u:;.:tue:;.:l...;W..:ag::.:""=.·n:::: g .-

_ RULE TYPE: Legisla'ive CITE AUTHORlTY:**~W~VUC-'!l9!l!doL!I2:9.bnl:l.6!_** _ AMENDMENT TO AN EXISTING RULE: YES _x_ NO_

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_ NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE

sQ!L AGENCY:**~.Ta" D!lll.a.rtl!l~!l.t** **~_.....** __ ...
_.• TITLE NUMBER:

... 1HL.....

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__

IF NO. SERIES NUMBliR OF RULE BEING PROPOSED: RULE TYPE:

.. Legislative

.... CITE AUTHORITY

.. 'w".YlLCQd.J;..§§ll·Hl:Ss(b)(4) &**22ecl:L~Sl!L-..._** AMENDMENT TO AN EXISTING RULE: YES_

.. _. NO K
IF YES, SERIES NUMBER OF RULE BEING AMENDED:

_ ... TITLE OF RULE BEING AMliNDED: TITLE NUMBER: 178 AGENCY: Wes' Virginia Racing Commission



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

..**,l;Ji~h!'!!i!U'f** Informati2!1**~~£l!:tten:rJJ~ T!!!!,,];l~em** **~nd TheWe~1**  'ljrginia J"Q!!!;J:L

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__ .
__

West Virginia Racing CommiiSion IN LIEU OF A PUBLIC HEARING, A COMMENT PERlOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENTPERIODWILLENDON July 8, 2010 AT 5:00 p.m. ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

106 Doe Orive

Charleston, West Virgini3 25311 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. IN LIEU OF A PUBLIC IIEARING, A COMMENT PERIOD liAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS

.. I COMMENT PERIOD WILL END ON 

### '7/"'/'0

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.. f,Q.fulLlQQ2

.... ......
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# (

I '**r~** • Authorized Signature
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TrACH A JmIEE SUMMARY OF YOUR PROPOSAL

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### ~'(J . Legal**DiYiW..~** ...
_ ......**~tU!IX** Department

.. {;l!1II. l e§iQ&WY...J.J:J24:1QQs


# r1.4D THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE.



### . f;'

... / 

## I**<","'>;i,.'~'''" /.,~.,**  ;0'\**-T--~"· ----~._--.**  _._ .. Virgil 1:; flclton Cabinet Secretary oflhe Department of Revenue ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL

Y:lLEGISLATIVE Do Not Mark In This Box

j('\'**,.~** C""J ltV' ",U: L. 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION**_~~#l..** 

### I

. "

.. C QQ:lI!ot Maut In this Box**1n~jJt~L-3** 

## rn**3~35** 

## WEST VIRGINIA SECRETARY OF STATE NATALIE TENNANT 

## ADMINISTRATIVE LAW DIVISION Form #2

NOTICE OF A COMMENT PERIOD ON A PROPOSED RUI,E AGENCY:

__ Sl!Jte Tal< Department

...... ...
__ TITLE NUMBER: .lllL

__ RULE TYPE: _J&gj§,!§:!i:I!!L._ CITE AUTHORHY _W·**\I!..~liJJolQ.-2.~nQ~U1llil** ..... _._ NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE AND FILING WITJi**THE~EGISLATIVE** RULE·MAKING REVIEW COMMITTEE lW./er €Sf) 

### un AGENCY: WVDepllltmentof

### viro"m.ntaITro~on.DWwM**TITLENUMBER~** CITE AUTHORITY' w. Va. Codc§ 22-11-4(a)(16); §22-11-7b

If YES, SERIES NUMBER OF RULE BEING AMENDED:

.. TITLE Of RULE BEING AMENDED: Require"",n

.. Goveming Water Qualily Standards AMENDMENT TO AN EXISTING RULE: YES

.. NO 1.L.

__ IF YES, SERIES NUMBER OF RULE BEING AMENDED: TITLE OF RULE BEING AMENDED:**~-~---,-_** ..**~~-_._---** .. - 

### .-
... 

## _-- AMENDMENT TO AN EXISTING RULE: YES.2.. NO_

If NO, SERIES NUMBER Of RULE BEING PROPOSED:

__ ....
_ 2Q.E._. TITLE OF RULE BEING PROPOSED:

. Exchange oflnfQrma1jon**Agt~m.l>~e** S!a.lS.Tax**Dep~!!.menl** and**~Qfthe~W1mhl!h** IF NO, SERIES NUMBER Of RULE BEING PROPOSED:

_ TITLE Of RULE BEING PROPOSED I:..'

_**--------------------------------------------~-** IN LIEU Of A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. TillS COMMENT PERIOD WILL END ON ?¥,QAT ..2;QQ.ll!1L_. ONLY WRITI'EN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

. .J..wJ OivjsiQQ. ._**..s~T~lU1lnml!** _**~~-----_._~_** 

### ... -_. _Charleston, WV 25324-1QOL_

....**_~** ..
__



## ----- 

# ---- .. 

# _-- THE ISSUES TO BE HEARD SHALL BE LIMITED TO TillS PROPOSED RULE

.

t ,-I' , / I i ,. j 1/\ ,.'; 1./ 

### 7"">**!jl~_/;fof'_<_. >_:..~.**  ..**_~<_._**

.. Virgil T. lIelton Cahinet Secretary of the Department of Revenue THE ABOVE PROPOSED LEGISLATIVE RULE HAVING GONE TO A PUBLIC HEARING ORA PUBLIC COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WITH THE SECRETARY OF STATE AND THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FOR THEIR REVIEW. 

# "**-:"~-'\"",.­ ~~,~** **.,,;:~.:sz\ '~**  __ "---**~~_--.:..::::L.... Authori~**  Signature

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TI'ACH A BRIEF SUMMARY OF YOUR PROPOSAL 

## ,,-/PO 

# ·0'0**.~'\\-**



# '" 0\ U1LEGISLATIVE

iiH.; 

### ,;,c.: -l; r':110:: L 00 Not Mark In This Box 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

### ADMINISTRATIVE LAW DIVISION Form #1**------------------~--------**

### ~~ NOTICE OF;It PUBLIC HEARING ON A PROPOSED RULE IA 

### l-::rie£: Pes 

### cv r-r A <:- AGENCY:**w¥'D~enl ofE~~~nmental**  l'"ro'lectIMt:lJ"WWM TITLE NUMBER: 47 ,,,t\li..

RULE TYPE: Legislative CITE AUTHORITY: w, Va, Code § 22.1 J-4(a){l6); § 22·11·7b AMENDMENT TO AN EXISTING RULE: YES0 NO 

## 0
IF YES, SERIES NUMBER OF RULE BEING AMENDED: 2 TITLE OF RULE BEING AMENDED- Beqlljrr m mlt5 GQyetDing Water QUi!Ijty Slund.rd,

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEING PROPOSED:

_

DATE OF PUBLIC HEARING: July 19.2010 TIME: 6:00 p,m. LOCATION OF PUBLIC HEARING:**_CmoiUn~pce:rs:;R;';';o=ek::·T~ra~ii'iniii!nG~R~oo::m=;;n===_------** _ nWVOcpartmenl of En"ironmental Protection 601 57th Street SE Charleston. WV 2$304

COMMENTS LlMITEDTO: ORALD WRITTEND BOTHI1D

Charleslon. WV 2l\104**Wat~** Quality StancLtrw. Program**W-V-lJepanmern;1.rro1\~~** 601 57th Street SE T.indll R l{,.u,..1' TIME: Atend o[public hea;j DATE WRITTEN COMMENT PERIOD ENDS: .;;,Ju"'ly:,..I.;;,9.:.;;2.;;,01.;;,0

_ WRITTEN COMMENTS MAYBE MAILED TO: The Department requests that persons wishing to make comments at the hearing make an effort to submit wrinen comments in order to facilitate the review ofthese comments.
The issues to be heard shaH be limited to the proposed rule,

A TfACH A JHY.EE SUMMARY OF YOUR PROPOSAL

# (:,~--
Authorill>d**Si~re ~~**  

### C1;)Q 

## ,,'G-'



# '" Cl\ Cl\Do Not Mark In This Box Filing Dale 'l.Ulij jlJH -1 Pl'\ \: 20 

## WEST VIRGINIA SECRETARY OF STATE NATALIE E. TENNANT 

## ADMINISTRATIVE LAW DIVISION Fonn#7 zn ,}.,,"**.,.;l.~1** 

### v: SI/\1E EMERGENCY

NO_ mLENUMBER: 1ST --------------------------- I Effective Date

NOTICE OF AN EMERGENCY RULE
AGENCY: WV Ocparlment ofTransportation. Division of Highways CITEAUTHORITY: WVCodc 17-1,2"',4, 16,20,22. and 23 EMERGENCY AMENDMENT TO AN EXISTING RULE: YES IF YES, SERIES NUMBER OF RULE BEING AMENDED: Six Tm.E OF RULE BEING AMENDED' USC or Sate Road RighI> O[WRV and Adjacen' Arc

..

IF NO, SERIES NUMBER OF RULE BEING PROPOSED:

_ TITLE OF RULE BEINOPROPOSED:

_

THE ABOVE RULE IS BEINO FILED AS AN EMERGENCY RULE TO BECOME EFFECTNE AFTER APPROVAL BY SECRETARY OF STATE OR 42ND DAY AFTER FILING, WHICHEVER OCCURS FIRST. THE FACTS AND CIRCUMSTANCES CONSTITUTINGTHEEMEROENCY ARE AS FOLLOWS:
Sc •• tIlIch<:d page.

Use additional sheets if necessary

## ~y;

1.0 0\

.....

# Orders Report

Docket Number Agency

.. .... Respondent 09-2-8994-XlE Health Care Authority Joan C. Edwards School of Medicine at Marshall University 10-2-9149-P Health Care Authority Logan Regional Medical Center 

### Decision Date 6/3/2010
6/3/2010 10-1-9125-X
2009-10-SMB
2010-02-SMB
2009-11-SMB Health Care Authority
Surface Mine Board
Surface Mine Board
Surface Mine Board Appalachian Regional Healthcare, Inc.
Richard M. and Janice Goodman Greyeagle Coal Co. Tommy Dale Powers and Raymond Cloney 6/4/2010
5/27/2010
5/27/2010
5/27/2010

Pagelofl

1.0 en co"' WEST VIRGINIA ETHICS COMMISSION ADVISORY OPINIONS
NO. OPINION SOUGHT



### 2010-09 

### A member of a County Rescue Service, Inc. (CRS) asks whether the CRS is a public entity whose members 

## andlor employees are subject to the provisions of the Ethics Act. 2010-11 

### A State Legislator asks whether the Ethics Act prohibits him from accepting a door-prize he won at a public reception?

1.0 0'> 1.0

# Grievance Report

Docket 

### # Grievant Respondent Dec Date

07-DOH-003 Vivian Eichelberger Highways 5/21/2010
07-DOH-003 Vivian Eichelberger Transportation 5/21/2010
07-DOH-306 Vivian Eichelberger Highways 5/21/2010
07-DOH-306 Vivian Eichelberger Transportation 5/21/2010 07-DOH-310 Vivian Eichelberger Highways 5/21/2010 07-DOH-310 Vivian Eichelberger Transportation 5/21/2010
07-HE-349R2 Daniel Frost Bluefield State College 5/27/2010 200B-0033-DOT Vivian Eichelberger Highways 5/21/2010 200B-0033-DOT Vivian Eichelberger Transportation 5/21/2010 2009-0463-DOR Vickie Jo Marcum Insurance Commission 5/24/2010 2009-Q463-DOR Vickie Jo Marcum Personnel 5/24/2010
2009-0691-MU Philip Carter Marshall University 5/21/2010 2009-1276-CONS Richard Wood et al Personnel 5/24/2010 2009-1276-CONS Richard Wood et al Public Service Commission 5/24/2010
2010-0812-CONS John West Highways 5/24/2010 2010-0812-CONS Mark Jordan Highways 5/24/2010
201 0-1 042-DOT Walter Webster Elmore Jr Highways 5/26/2010 2010-1042-DOT Walter Webster Elmore Jr Transportation 5/26/2010 2010-1379-RanED Leslie Bennett Randolph Co BOE 5/27/2010

1.0 -..J o'!;lte of \YCst Virg.inio DEPARTMENT OF AGRICUL**TUR~;g** Jl (;us R. J)ouJllal'i'<, Cnrnmhtsinncl" Janet L. Fbber OC'put) Cummissioltd

June 2, 2010 -7 AN 9: 5:.i

Slev,-:**U~nlHlh** Ut!"pUl)**,:T~~ftni"'iionC!'** 

### .. OTHER
Public Notice 2011 Proposed Rules
The West Virginia Division of Air Quality has scheduled a public hearing on July 12,2010 for its 2011 proposed legislative rules, which will take place at the Division of Environmental Protection's Charleston headquarters, 601 57 th Street S.B., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State's office or from the DEP at www.wvdep.org/201Irules. YOll may also obtain hardcopies of the informalion by calling the phone number listed below.

Dear Ms. Cooper:

GRD:rlg Thank you. Ms. Judy Cooper, Manager Administrative Law Office of the Secretary of State Building I, Suite 157-K 1900 Kanawha Blvd., East Charleston, WV 25305

The public hearing for all air quality rules will take place beginning at 6 p.m. on July 12, 2010 in the Dolly Sods Room. The comment period will begin on June 11.2010 and end at the conclusion of the pUblic hearing on July 12,2010. Upon authorization and promulgation of revisions to 45CSR8, 45CSRI4 and 45CSR 19, the DAQ will submit the rules to the U.S. Environmcntal Protection Agency (EPA) as revisions to the State Implementation Plan pursuant to the federal Clean Air Act (CAM. Rules 45CSR 16, 45CSR 18, 45CSR25 and 45CSR34 will also be submitted to EPA to fultill other federal obligations undcr the CAA, including delcgations, plans and program approvals.

!;;; ;;;; So:**;:~** For more information on an)' of the DAQ rules call 304-926-0475. Division of Air Quality 45CSR8

- Ambient Air Quality Standards 45CSRI4

- Permits for Construction and Major Modification of Ma,ior Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR 16

- Standards of Perfoffilance for New Stationary Sources 45CSRI8

- Control of Air Pollution From Combustion of Solid Waste 45CSRI9

- Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25

- Control of Air Pollution from Hazardous Waste Treatment. Storage and Disposal Facilities 45CSR34

- Emission Standards for Hazardous Air Pollutants Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to comments@wvdep.org. The hearing dates, locations and comment deadlines are as follows:

Janet Fisher, Deputy Commissioner, WVDA Bob Tabb, Deputy Commissioner, WVDA Steve Miller, Assistant Commissioner, WVDA Sandra Gillispie, Director, Administrative Services Division, WVDA c:

# ic;~~ Gus R. ;;;u;Yass Commissioner Please let this letter serve as my written authorization and notification that Bob Tabb, Deputy Commissioner, has signatory authority to sign documents of behalf of the West Virginia Department of Agriculture.

I l.O 

## """ :::: §i D**.r~~**

State Capitol. 1900 Kanawha Boulevard. East. Charleston, WV 25305·0170. (304) 558-3550

<D

......Public Notice 2011 Proposed Rules 2UW JL;'\ -9 Pf! 3:

### 5~ The West Virginia Department of Environmental Protection has scheduled Rublic hearings fQr its 2011 proposed legislative rules. All hearings will take place at the**DE~'** s**C~!es_ton** " .;: 

### },l"'- headquarters, 601 57'h StreetS.E., Charleston, WV 25304. Oral and written comments \VIU-oo't limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State's office or from the DEP at www.wvdep.org. You may also obtain printed eopie. of the infolmation by calling the phone numbers listed below. Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to DEP.Comments@wv.gov. The hearing dates, locations and comment deadlines are as follows: Division of Air Quality 45CSR8

- Ambient Air Quality Standards 45CSR 14

- Permits for Construction aad Major Modification of M'\ior Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSRl6

- Standards of Performance for New Stationary Sources 45CSRl8

- ConlIol of Air Pollution from Combustion of Solid Waste 45CSR19

- Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25

- Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR34

- Emission Standards for Hazardous Air Pollutants The pUblic heariag for all Air Quality rules will begin at 6 p.m. on Monday, July 12, in the Dolly Sods Room. The comment period will begin on June I I, 2010 and end at the conclusion of the public hearing on July 12. Upon authorization and promulgation of revisions to 45CSR8, 45CSRl4 and 45CSR19, the DAQ will submit the rules to the U.S. Environmental Protection Agency (EPA) as revisions lo the State Implementation Plan pursuant to the federal Clean Air Act (CAA). Rules 45CSR16, 45CSR18. 45CSR25 and 45CSR34 will also be submitted to EPA to fulfill other federal obligations under the CAA, including delegations, plans and program approvals.
For more ilifomlatioll on any of the DAQ rules call 304-926-0475. Division of Mining and Reclamation 38CSR2

- West Virginia Surface Mining Reclamation Rule 199CSRI

- Surface Mining Blasting Rule
The public hearing for all Mining and Reclamation rules will begin at 6 p.m. on Tuesday, July 13, in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.
For more information on any of the DMR /'Illes caI/304-926-0490. OTHER Division of Water and Waste Management 33CSR20

- Hazardous Waste Management System 47CSRI2

- Requirements Governing Groundwater Standards 47CSR60

- Monitoring Well Design Standards The public hearing for these rules will begin at6 p.m., Thursday, July 15 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. 47CSR2

- Requirements Governing Water Quality Standards The public hearing for this rule will begin at 6 p.m., Monday, July 19 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more ilifor/1Ultion on allY of the Water and Waste Management Rilles caI/304-926-0495. Secretary's Office GOCSR2

- Rules on Freedom of Information Act Requests The pUblic hearing will begin al6 p.m., Thursday, July 15 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information 011 Freedom of biformatioll Act rules call 304-926-0499, ext. 1331

u:> -...I IVij 06/08/2010 09: 15 WVllHHRBURFCiRl'EDSERV1CES

...**9131il4S~** NO.418 002 06/08/2010 110: 21**WVDH1RIlURF~EDSERVICES** ... 913045S80900 NU.4.!::> l.'!C.!

PUBLIC NOTICE ltib 

### JU; -8 PH /: 09 WEST VIRGINIA MEDICAID PROGRAM STATE PLAN AMI:NDMENT TO**~.** REVISE THE RESOURCE STANDARDF-OR

QUALIFIED MEDICARE BENEFICIARIES OTHER PUBLIC NOTICE WEST VIRGINIA MEDICAID PROGRAM STATE PLAN AMENDMENT REGARDING DEEMED NEWBORNS ZUlU JU:; -8 PM I: 09

,,,,,.,,,, )'iI.t

Pursuant to 42 U.S.C. §1396a(a)(13)(1997) and 42 C.F.R. §447.205, the Department of Health and Human Resources (Department), Bureau for Medical Services (Bureau) provides notice of the filing of a state plan amendment to revise resource standards for Qualified Medicare Beneficiaries. Specified LOW-Income Medicare Beneficiaries. and Qualifying individuals.
The Bureau is amending its state plan to revise the resource standards for Qualified MedIcare Beneficiaries. Specified Low-Income Medicare Beneficiaries, and Qualifying Individuals. The amendment provides that the resource standards for these groups, Qualified Medicare Beneficiaries, Specified LOW-Income Medicare Beneficiaries. and Qualifying IndiViduals will be three times the resource standard for the 5S1 program and will increase annually based on the increase [n the CPI-U. This provision Is effective January 1.2010.
The purpose and rationale for this plan amendment is to comply With the MedIcare Improvements for Patients and Provider Act of 2008 (MIPPA), Section 112. This change in reimbursement is expected to be nominal. DOCuments detailing lhese proposed actions will be available for public Inspection in each county office of the Department of Health and Human Resources during normal business hours. 8:30 a.m. to 4:30 p.m., beginning June 15,2010 to July 15, 2010 and on the web at: WWW.wvdhhr.org then medical services.
Written comments may be sent to the West Virginia Department of Health and Human Resources, Bureau for Medical Services, 350 Capitol Slreet, Room 251,Charleslon, WV 25301-3706. Any written comments received will be available for reView at the above address during normal business hours, 8:30 a.m. to 4:30 p.m., beginning June 15. 2010 through July 15,2010. Pursuant to 42 U.S.C. §1396a(a)(13)(1997) and 42 C.F.R. §447.205, the Department of Health and Human Resources (Department), Bureau for Medical Services (Bureau) provides notice of the filing of a state plan amendment to revise the qualfllcatlons for deemed eligibility of children born to mothers covered by Medicaid for the date of the child's birth. This plan amendment eliminates the restriction that the neWborn, to remain Medicaid eligible, must come home from the hospital to live with the mother and remain a member of the mother's household and that the mother remain eligible for Medicaid or would remain eligible if still pregnant. This provision Is effective April 1, 2009. The purpose and rationale for this plan amendment is to comply with the Children's Health Insurance Program Reauthorization Act of 2009 (CH1PRA), Section 113. This change In reimbursement is expected to be nominal. Documents detailing these proposed actions will be available for public inspection in each county office of the Department of Health and Human Resources during normal business hours, 8:30 a.m. to 4:30 p.m., beginning June 15, 2010 to July 15. 2010 and on the web at: www.wvdhhr.org then medical services. Written COmments may be sent to the West Virginia [)epartment of Health and Human Resources. Bureau for Medical Services. 350 Capitol Sireet, Room 251.Charleslon, WV 25301·3706. Any written comments received will be available for review at the above address during normal business hours, 8:30 a.m. to 4:30 p.m., beginning June 15, 2010 through July 15, 2010.

<D 'oJ WSonia D. Chembers Chair

Board Members Sam G. Kapourales

Marilyo G. White

### ~:"~:~hinlll 

# fe3

H' ARE

---------- Patsy A. Hardy, FACHE, MSN, MBA, Secretary 

## A RITY Wesl Virginia Deparlment of Health and Human Rasources OTHER

Notice of Review Page 2 June 1, 2010

The HE/alth Care Authority (Authority), Sonia D. Chambers, Chair, pursuant to the Certificate of Need program, has declared complete and accepted for review the expedited applications referenced below: May 24,2010

- Fresenius Medical Care Ventures, LLC, FMS Cabell Huntington Dialysis Centers, LLC d/b/a FMS Wayne County Dialysis, Eastover, North Carolina, CON File #10·2·9145-R, for the establishment of a new 13 station dialysis facility in Wayne, Wayne County; capital expenditure: $1.349,268. May 26,2010

- Balance Counseling & Consulting, Buckhannon, Upshur County, CON File #09-7-8953-X, for the development of an outpatient behavioral health counseling program for adUlts in Upshur, Randolph. and Barbour Counties; no capital expenditure. May 27,2010

- Monongalia General Hospital, Morgantown, Monongalia County. CON File #1 0-6-9169-H, for the relocation and renovation of outpatient surgery, endoscopy and infusion services; capital expenditure: $8,750,000. May 28,2010

- Bluefield Hospital Company, LLC, Bluefield Clinic Company, LLC. and Bluefield HBP Medical Group, LLC, Franklin, Tennessee, CON File #1 0-1-9186-A, for the acquisition of Bluefield Regional Medical Center and any related health care facilities; capital expenditure: $47,000.000. An application that has been declared complete is one in which there is sufficient information for the Authority to make an informed decision. It does not mean that the approval of the application is warranted. On or before June 15, 2010, any affected person may present reasons to the Authority as to why the applicants of the projects should complete a standard application. CORRECTED NOTICE 

### OF REVIEW
FOR IMMEDIATE RELEASE June 1, 2010 NEWS ITEM l' .,**~-;** <- C'"

,



### ... 

## -

...,.., c.c If the Authority concludes that the standard application should be used on any project, the review will be stopped and a new one begun using the standard application. Also, by July 6, 2010, any affected person has the right to request that the Authority hold a public hearing on the projects as part of the review. If a public hearing is conducted during the course of the review. a "Notice of Public Hearing". specifying the date, time and location of the hearing, will be issued to affected persons. If no public hearing is requested. the file closing date will be July 7, 2010. Afterthat date, no further information or evidence will be accepted by the Authority for the remainder of the review of the applications. and no further contact with the Authority regarding the substance of the applications will be permitted. The decisions on the projects referenced above will be issued by the Authority after it has reviewed the contents of the case files of the projects, including the applications, additional information submitted to the Authority during the review, and the record of any Authority public hearing. If there is no request for public hearing, the decisions will be issued on or before August 10, 2010. A press release will be issued after the decisions are made. Anyone wishing to be directly notified of the decisions should submit a written request to Timothy E. Adkins, Director, Certificate of Need, Health Care Authority, 100 Dee Drive, Charleston, West Virginia, 25311-1600. Further information on any project referenced in this news release may be obtained by contacting the Certificate of Need office at telephone number (304)

## 5~7000 -


# •

# ~.CM.?4J Health Care Authority

100 Dee DrillS • Charleston. West Virginia 25311-1600 • 304.558.7000 • 304.558.7001/Fax • 1.888.558.7002IT011 Free www.hcawv.org

\J:)DISTRIBUTION Jim Swann, Director Fresenius Medical Care NC Regional Health Planning Office Beth Wright Bragg, MA, LPC Clinical Director Balance Counseling & Consulting Raymona A. Kinneberg Blil J, Crouch & Associates, Inc. The Honorable Natalie Tennant Secretary of State Dennis Garrison, Director, Consumer Advocacy Division West Virginia Insurance Commission Sonia D. Chambers, Chair Health Care Authority CON Analysts SDC\ TEA\KM\VH\jc ,..,.......lIf.......,...'.JOtfI OTHER

WEST VIRGINIA HEALTH CARE AUTHORITY· CERTIFICATE OF NEED ,"**.~** 

### At\ II: 01 100 Dee Drive lR\ll J:.,l; -0 Charleston, West Virginia 25311-1600 June 7, 2010 LEGAL NOTICE
Sonia D. Chambers, Chair, West Virginia Health Care Authority, announces the following Certificate of Need activities for the week ending June 4, 2010.
LETTER OF INTENT FOR EXPEDITED RECEIVED May 28, 2010

- City Hospital, Inc., Martinsburg, Berkeley County, CON File #1 0-9- 9197-H, for the provision of primary (emergency) percutaneous coronary intervention ("Primary PC I") and elective therapeutic cardiac catheterization services; capital expenditure: $50,000. APPLICATION FOR EXEMPTION RECEIVED June 1, 2010

- Medical Services of America, Inc., Columbia, South Carolina, CON File #10-1/4-9194-X, for the acquisition of Mountaineer Home Nursing, Inc; capital expenditure: less than $2,000,000. CORRECTED APPLICATIONS DECLARED COMPLETE AND UNDER REVIEW An application declared complete is one in which there is sufficient information for the Authority to make an informed decision. It does not mean that the approval of the application is warranted. EXPEDITED APPLICATIONS May 24, 2010

- Fresenius Medical Care Ventures, LLC, FMS Cabell Huntington Dialysis Centers, LLC d/b/a FMS Wayne County Dialysis, Eastover, North Carolina, CON File #1 0-2-9145-R, for the establishment of a new 13 station dialysis facility in Wayne, Wayne County; capital expenditure: $1,349,268. May 26, 2010

- Balance Counseling & Consulting, Buckhannon, Upshur County, CON File #09-7-8953-X, for the development of an outpatient behavioral health counseling program for adults in Upshur, Randolph, and Barbour Counties; no capital expenditure. May 27, 2010

- Monongalia General Hospital, Morgantown, Monongalia County, CON File #1 0-S-9169-H, for the relocation and renovation of outpatient surgery, endoscopy and infusion services; capital expenditure: $8,750,000. May 28,2010

- Bluefield Hospital Company, LLC, Bluefield Clinic Company, LLC,

\D



## .... VIand Bluefield HBP Medical Group, LLC, Franklin, Tennessee, CON File #10-1-9186-A, for the acquisition of Bluefield Regional Medical Center and any related health care facilities; capital expenditure: $47,000,000.
The review cycle for the above-referenced projects is as follows: June 5, 2010

- Review cycle begins;
June 15, 2010

- Last date for an affected person to present reasons why the applicant should complete a standard application to the Authority; July 6,2010 -last date for an affected person to request a public hearing on the project. If a pUblic hearing is requested, notice of time and place will be given in the Saturday editions of the Charleston Gazette and the Charleston Daily Mail, as well as the State Register; July 7,2010

- If no pUblic hearing is requested, the file will close and no further information or evidence will be accepted by the Authority and no further contact with the Authority regarding the substance of the application will be permitted; August 10, 2010

- Decision on the project will be issued by the Authority. PROJECT DETERMINED NOT REVIEWABLE
June 4, 2010

- Appalachian Regional Healthcare, Inc., Lexington, Kentucky, CON File #1 0-1·9125-X, transfer of the 36-bed nursing unit from Summers county ARH Hospital to West Virginia ARH; no capital expenditure. CERTIFICATE OF NEED APPROVALS ISSUED
June 3, 2010

- Joan C. Edwards School of Medicine at Marshall University, CON File #09-2·8994-XlE, for the acquisition of a 64 slice computed tomography (CT) scanner to be located at the Erma Ora Byrd clinical Center at 1249 15 th Street, Huntington, Cabell County; capital expenditure: $1,750,000. ORDER ISSUED
June 3, 2010

- Logan Regional Medical Center, Logan, Logan County, CON File #10·2-9149·P, for the development of diagnostic services, including x-ray services, ultrasound and laboratory services; capital expenditure: $300,000.
It is ORDERED that the file in this matter be reopened to accept the additional information and that the case file be closed immediately upon receipt of the information. Further information may be obtained on any of the above-referenced projects by contacting Timothy E. Adkins, Director, Certificate of Need Division.**1t~~)i'lI1t,** OTHER



# '" -.,J en

### THE FOLLOWING ARE PUBLICATION DATES OF THE STATE REGISTER FOR 2010 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.

Deadline Date Publication Date Meeting may be held Deadline Date Publication Date Meeting may be held on or after on or after January 6,2010 January 5,2010 January 13, 2010 July 7, 2010 July 9, 2010 July 14,2010 January 13, 2010 January 15, 2010 January 20,2010 July 14, 2010 July 16, 2010 July 21, 2010 January 20,2010 January 22,2010 January 27,2010 July 21, 2010 July 23, 2010 July 28, 2010 January 27,2010 January 29,2010 February 3, 2010 July 28,2010 July 30,2010 August 4, 2010 February 3, 2010 February 5,2010 February 10, 2010 August4,2010 August6,2010 August 11, 2010 February 102010 February 12, 2010 February 17,2010 August 11, 2010 August 13,2010 August 18 2010 February 17, 2010 February 19, 2010 February 24, 2010 August 18,2010 August 20, 2010 August 25, 2010 February 24, 2010 February 26,2010 March 3, 2010 August25,2010 August 27, 2010 September 1,2010 March 3, 2010 March 5, 2010 March 10, 2010 September 1, 2010 September 3,2010 September 8, 2010 March 10,2010 March 12,2010 March 17, 2010 September 8,2010 September 10 2010 September 15, 2010 March 17,2010 March 19,2010 March 24, 2010 September 15, 2010 September 17, 2010 September 22, 2010 March 24, 2010 March 26, 2010 March 31, 2010 September 22, 2010 September 24,2010 September 29,2010 March 31, 2010 April 2, 2010 April 7, 2010 September 29,2010 October 1,2010 October 6, 2010 April 7, 2010 April 9, 2010 April 14, 2010 October 6, 2010 October 8,2010 October 13, 2010 April 14, 2010 April 16, 2010 April 21, 2010 October 13, 2010 October 15, 2010 October 20, 2010 April 21, 2010 April 23, 2010 April 28, 2010 October 20,2010 October 22,2010 October 27, 2010 April 28, 2010 April 30, 2010 May 5, 2010 October 27,2010 October 29,2010 November 3,2010 May 5,2010 May 7,2010 May 12,2010 November 3, 2010 November 5,2010 November 10, 2010 May 12, 2010 May 14, 2010 May 19,2010 November 9,2010 November 12, 2010 November 17, 2010 May 19, 2010 May 21,2010 May 26, 2010 November 17, 2010 November 19, 2010 November 24, 2010 May 26,2010 May 28,2010 June 2, 2010 November 22,2010 November 24,2010 November 29, 2010 June 2, 2010 June 4,2010 June 9, 2010 December 1, 2010 December 3, 2010 December 8, 2010 June 9,2010 June 11, 2010 June 16, 2010 December 8,2010 December 10, 2010 December 15, 2010 June 16, 2010 June 18, 2010 June 23, 2010 December 15, 2010 December 17, 2010 December 22, 2010 June 23, 2010 June 25, 2010 June 30,2010 December 21, 2010 December 23,2010 December 28, 2010 June 30, 2010 July 2,2010 JuIY?,2010 December 28,2010 December 30,2010 January 5, 2010

# WEST VIRGINIA

SECRETARY OF STATE

NATALIE E
. TENNANT 

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## Z OW J UN -9 Ar c i10 : 39

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY : WV Department of E n vir onmental Prote ction

- Di v i s ion of A ir Quality 

### TITLE NUMBER : 45 

### RULE TYPE : Legislative 

### CITE AUT H ORITY: AMENDMENT TO AN EXISTING RULE: YES 

# rXI NoD W

. Va. Code §22-5

- 4



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

__ 45_CS_R_8

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### TITLE OF RU LE BEING A MENDED: A_m_b_ie_n_t A_l_
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### IF NO, SERIES NUMBER OF RULE BEING PROPOSED :

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DATE OF PUBLIC HE A R I NG : J_ul~y_12

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_ Dolly Sods Con f

erence Room
601 57th Street, S.E.
Charleston , WV 25304 

### n
COMMENTS LIMITED TO: ORAL D WRITTEN O BOTH I " X

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DATE WRITTEN COMMENT PERIOD ENDS: Ju

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### W RITTEN COMMENTS MA Y B E MAILED TO: TIME: C l ose of Hearing Kathy C o sco, Publi c I nfo rmation Offi c e The Department requests that p ersons wishing to make comments at the hearing make an effort to submit writte n • comments in order to facilitate the review ofthese co ~~ \at\ve 

# Ruts

- M a Kmg WV Department o f En vi ronment al Protecti on 601 57th Street, S

. E , Charleston, WV 25304

T h e i s sues t o b e h eard s hall b e limite d to the propo se d rule.

A TT A CH A 

### BRIEF SUM M ARY OF YOUR PROPOSAL 

# JUIl- 9 2010 ~

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# Revi ew C ornm\tte e Auth ~ ed 

# S ~ t

### June 9, 2010

Ms. Diana Eshe r, Dire ctor Air Protection Division USEPA Region II I 1650 Arc h Street (3AP00) Philadelphia, PA 19103-2029
RE: Proposed Air Quality Rules for 2011 L eg islative Session
Dea r Ms. Esher: Enclosed is a notice of public comment period and public hearings, and a copy of seven (7) p roposed air quality rules: 45CSR 8, 45CSR 14, 45CSR 16, 45CSR 18, 45CSR 19, 45CSR25 and 45CSR 34 for the West Virg inia Depa rtment of Environmental Protection, Division of Air Quality (DAQ ). Once these rules have been authorized and promulg ated by the West Virg inia L eg islature, the DAQ is proposingto adopt them in the Spring of 2011. Please note the DAQ will acc ept writt en comments on the proposed rules up to and including July 12, 2010. In addition, the ag ency will rece ive oral c omments at a public hearing to be held on July 12, 2010, beg inning at 6:00 p.m. The attache d public notice describes which rules the ag ency is proposing and what action the DAQ intends to reque s t of the U.S. Environmental P rotec tion Ag ency upon the authoriz ation and promulg ation of the rule s in the Spring of 2011. Please submit any written comments to my attention at the above addre ss, or fee l fre e to call me with any questions reg ardingthis matter at (304) 926- 0462. Sincere ly ,

J ohn A. B enedic t Direc tor J AB /jlm Enclosure s w est v irginia de partm entof en v ironm ent al pro tectio n

J o e M a n c h i n II I, G o v e r n o r R a n d y C

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### Promoting a he althy env ironment.

# Public Notice 2011 Proposed Rules The West Virginia Division of Air Quality ha s scheduled a public he aring on July 12, 2010 for its 2011 proposed legislative rule s, which will take place at th e Division of Environmental Protection’s Charlest on headquarters, 601 57 th

### Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposedrevisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at www.wvdep.org/2011rules . You may also obtain hardcopies of the information by calling the phone number listed below. Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to comments@wvdep.org . The hearing dates, locations and comment deadlines are as follows: Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modi fication of Major Stati onary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR16 – Standards of Performanc e for New Stationary Sources 45CSR18 – Control of Air Pollution From Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modi fication of Major Stati onary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Polluti on from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR34 – Emission Standards for Hazardous Air Pollutants The public hearing for all air quality rules will take place beginni ng at 6 p.m. on July 12, 2010 in the Dolly Sods Room. The comment period will begin on June 11, 2010 and end at the conclusion of the public hearing on July 12, 2010. Upon authorization and promulgation of revisions to 45CSR8, 45CSR14 and 45CSR19, th e DAQ will submit the rules to the U.S. Environmental Protection Agency (EPA) as revisi ons to the State Implementation Plan pursuant to the federal Clean Air Act (CAA). Ru les 45CSR16, 45CSR18, 45CSR25 and 45CSR34 will also be submitted to EPA to fulfill other federal obligations under the CAA, including delegations, plans and program approvals. For more information on any of the DAQ rules call 304-926-0475.

### 1 ENVIRONMENTAL PROTECTION ADVISORY COUNCIL

MEETING MINUTES June 3 , 2010
I. C ALL TO 

### O RDER 

### Kristi n A. Boggs, Ex Officio Chair designated by Secretary Randy Huffman , called to order a special meeting of the DEP Advisory Council at 1: 40 p.m. on June 3 2010 at the headquarters of the West Virginia Department of Environmental Protection, 601 57 th Street Southeast, Charleston, West Virginia. Agendas were distributed.
II. R OLL 

### C ALL 

### M embers present: Lisa Dooley, Jackie Hallinan, Larry Harris, Karen Price, Bill Raney , and Rick Rob erts

. The meeting was also attended by the following DEP personnel: Randy C. Huffman, DEP Cabinet Secretary; Lisa McClung, DEP Deputy Cabinet Secretary; Kathy Cosco, DEP Chief Communication Officer; Daniel T. Arnold, Division of Water and Waste Management; Bill Timmermeyer, Division of Water and Waste Management; Charles Stu rey , Division of Mining and Reclamation; Dave Vandelinde, Division of Mining and Reclamation, Office of Explosives and Blasting; Yvonne Anderson, Division of Mining and Reclamation; Ken Holliday, Division of Water and Waste Management; Yogesh Patel, Division of Water and Waste Management; Fred Durham, Division of Air Quality; Jim Mason, Division of Air Quality; Lewis Halstead, Division of Mining and Reclamation. Als o in attendance were: Don Garvin of the Ohio Valley Environmental Coalition ; Katherine Crockett and Emily Moy of Spilman Thomas & Battle ; and L ewis Baker of the West Virginia Rural Water Association.
III. O LD 

### B USINESS 

### Minutes of the May 27 , 2010 Meeting. The minutes were emailed and provided to Council in hard copy. M s. Dooley moved for approval of the minutes, Mr. Raney seconded the motion , and it was carried by acclamation of C ouncil.
IV. P ROPOSED 

### 2011 LEGISLATIVE RULES 

### Because the Advisory Council had received summaries of the rule two weeks prior to the meeting, he suggested that Ms. Boggs simply read the title of the rule and allow Council members to ask questions, rather than read the summaries to Council. The suggestion was well taken. Summaries o f the proposed rules are set forth herein for completeness of the record, and so the minutes will reflect the complete information provided to Council.

### 2 Division of Air Quality  45 C.S.R. 8

– Ambient Air Quality Standards . Promulgated last in the 2010 Session. Revisions to the rule include a change in format to incorporation by reference, rather than reiterating the NAAQS in the rule. The rule now incorporates by reference the NAAQS promulgated by EPA under 40 C.F.R. § 50 and the ambient air monitorin g reference methods and equivalent methods under 40 C.F.R. § 53, which become effective June 1, 2010. EPA has established a new primary one

- hour NO 2 

### standard at a level of 100 parts per billion, based on the three

- year average of the 98th percentile of th e yearly distribution of one

- hour daily maximum concentrations, to supplement the existing primary annual standard of 53 parts per million. This new NO 2 

### primary standard is incorporated by reference in this rule. Section 2, titled Anti

- Degredation Policy , has been stricken for two reasons. First, the new incorporation by reference format incorporates the federal significant deterioration of air quality provisions under 40 C.F.R. § 50.2(c). Second, because West Virginia adopted the federal Prevention of Significant Deterioration program under 45 C.S.R. 14 in the early 1980s, the State has more than satisfied the intent of the relic language in Section 2 to protect the air quality in areas that were in attainment of the NAAQS. Section 2 was authored in th e early 1970s as a placeholder in anticipation of the future PSD program and its provisions for best available control technology.  45 C.S.R. 14

– Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration . Promulgated last in the 2010 Session. Revisions to the rule include deletion of federally stayed provisions for fugitive emissions and clarification of affected facilities at large coal prep plants. EPA is now re considering inclusion of fugitive emissions and will issue a final rule in the future. Fugitive emissions from stockpiles (now an affected source under 40 C.F.R. § 60, Subpart Y) are now counted for large coal prep plants (but haul roads are still exclude d). Other minor revisions ensure consistency with federal counterpart language.  45 C.S.R. 16

– Standards of Performance for New Stationary Sources . Promulgated last in the 2010 Session. Revisions to this rule are the annual incorporate

- by

- reference ame ndments to the NSPS, including Standards of Performance for Coal Preparation and Processing Plants. These final amendments include revisions to the emission limits for particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment located at coal preparation and processing plants.  45 C.S.R. 18

– Combustion of Solid Waste . Promulgated last in the 2008 Session. Revisions to the rule include new federal emission guidelines for existing hospital/medical/infectious waste incinerators (HMIWI). The revised rule has been restructured to better comport to respective federal counterpart language. The stricken provisions in Section 12, Compliance Dates , have been moved to respective sections for existi ng HMIWI and commercial and industrial solid waste incinerators. The revisions

### 3

strike obsolete language regarding repealed provisions, as well as add new definitions to the rule. Other miscellaneous revisions are included that improve the clarity and acc uracy of existing rule language.  45 C.S.R. 19

– Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment . Promulgated last in the 2010 Session. Revisions to the rule include a new subsection 1.5, which provides that references to the federal counterpart will be construed as the version that was in effect as of June 1, 2010. Also, the term “affected facilities” has been clarified. Fugitive emissions from stockpiles (now an af fected facility under 40 C.F.R. § 60, Subpart Y) are now counted for large coal prep plants (but haul roads are still excluded). Other minor revisions ensure consistency with federal counterpart language to date.  45 C.S.R. 25

– Control of Air Pollution f rom Hazardous Waste Treatment, Storage and Disposal Facilities . Promulgated last in the 2010 Session. Revisions to the rule include annual incorporation

- by

- reference updates. Definitions that are not used in the rule have been stricken and requirements pertaining to ignitable, reactive or incompatible wastes have been updated to reference a federal counterpart. The fee schedule for hazardous waste management facilities ahs been simplified.  45 C.S.R. 34

– Emission Standards for Hazardous Air Pollutants

. Promulgated last in the 2010 Session. Revisions to this rule include the annual incorporation

- by

- reference revisions to the Hazardous Air Pollutant rule that include the following source categories of new or revised NESHAP standards promulgated as of Ju ne 1, 2010 for non

- major area sources: Chemical Manufacturing Area Sources. The revised rule also incorporates by reference the following source categories of new or revised NESHAP standards promulgated as of June 1, 2010 for major sources: Petroleum Refi neries and Reciprocating Internal Combustion Engines.  The following source categories of newly promulgated NESHAPS affecting non

- major area sources of hazardous air pollutants are being excluded from incorporation by reference: Prepared Feeds Manufacturin g; Aluminum, Copper, and Other Non

- Ferrous Foundries; Asphalt Processing and Asphalt Roofing Manufacturing, Paints and Allied Products Manufacturing; and Chemical Preparations Industry. EPA has not provided any additional funding to implement these new fe deral area source air toxics rules. Further, DAQ considers these standards to be resource

- intensive and costly to implement as a practical matter, without achieving commensurate air quality benefits. For these reasons, West Virginia is one of Several Sta tes in Region III that are adopting some, but not all, of these standards. EPA Regional Offices will be implementing those standards not adopted by the States, thereby providing a measure of regulatory certainty and consistency.

Division of Water & Waste Management  33 C.S.R. 20

– Hazardous Waste Management System . Promulgated last in the 2010 Session. Revisions to this rule include striking “Expansion to RCRA Comparable Fuel Exclusion” from exclusion from incorporation by reference of the federal rule.

### 4

 47 C.S.R. 12

– Requirements Governing Groundwater Standards . Promulgated last in the 20 10 Session. The proposed revision to this rule is technical cleanup from last year’s revision . Last year’s amendment incorrectly set a numeric standard for r adon, w hich the EPA proposed in draft language in 2009 but has not yet finalized. Therefore, West Virginia’s adoption of a radon standard for groundwater was premature.  47 C.S.R. 60

– Monitoring Well Design Standards . Promulgated last in the 2010 Session. Revisions to this rule are needed to correct requirements for documentation submittals to DEP. The current version requires reporting of all borehole abandonment, which is unenforceable and unnecessary. Revisions to this rule will require abandonment doc umentation for “high risk” boreholes and permanent monitoring wells, as was the original intention of the 2010 amendments recommended by the Monitoring Well Advisory Council

. Secretary’s Office  60 C.S.R. 2

– Rules on Freedom of Information Act Requests

. Promulgated last in 1997. Revisions to this rule include changing the fee structure for searching for and reproducing requested records to bring it in line with other State agencies by setting a flat search fee of $20.00 per hour (or a quarter fraction thereof) for a Division’s time spent in locating, duplicating or compiling the requested records providing and a cost of $10.00 if the information is produced on diskette, tape or other storage media.
Division of Mining & Reclamation  38 C.S.R. 2

– West Virginia Surface Mining Reclamation Rule . Promulgated last in the 2009 Session. In addition to the amendments discussed at the December 9, 2009 meeting, which are currently in effect as an Emergency Rule, the proposed revisions include the following: (1 ) Clarification of the format and information necessary for complete application submittal and clarification on the renewal process to take into account DEP’s electronic filing processes; (2) Provision for advertisement of the application when it is techni cally complete, as opposed to administratively complete; (3) Provision for reopening of the public comment period; (4) Provision that pre

- subsidence surveys shall be confidential and only used for evaluating damage relating to subsidence; (5) Clarification of when an operator is considered to be in compliance with applicable environmental performance standards; (6) Provision that the Secretary has the authority to initiate bond release in lieu of the permittee; (7) Clarification that bonding for a permit in inactive status shall remain in effect for the life of the operation; and (8) Provision that the Secretary shall provide email notice of the issuance of a show cause order to members of the public who have subscribed to the Secretary’s email notification service and otherwise provide notice to any person whose Citizen Complaint has resulted in the issuance of any violation that led to the issuance of a show cause order.

### 5

 

### 199 C.S.R. 1

– Surface Mining Blasting Rule . Promulg ated last in the 2008 Session R ev isions to this rule include modifying the definitions of “other structure” and “structure” to provide for dams as defined in 38 C.S.R. 4 § 2.7 and to provide that those dams will be exempt from the maximum air blast and gr ound vibration standards of the ru le

. V. C OMMENTS FROM 

### C OUNCIL 

### Ms. Dooley moved that Council recommend to the Secretary that the Air Quality rules contain language in their sections entitled “Inconsistency Between Rules” to read as follows: “ In the event of any inconsistency between this rule and any other rule of the West Virginia Department of Environmental Protection, the inconsistency shall be resolved by the determination of the Secretary and the determination shall be based upon the application of the more stringent provision, term, condition, method, or rule using sound scientific information .” See , 45 C.S.R. 8 proposed § 4.1. Ms. Dooley pointed out that DEP uses this language in some of its other Divisions’ rules and some states surrounding West Virginia also use this language or similar language

. Mr. Raney seconded the motion and discussion ensued. Ms. Hallinan pointed out that the proposed language is vague and may cause Daubert

- related problems for attorneys arguing before boards and the courts using these rules. A vote was taken, and Ms. Dooley’s motion passed by a majority vote of Council; Ms. Hallinan voted no and Dr. Harris abstained. Regarding 45 C.S.R. 8, Dr. Harris asked about removing the anti

- degredation section. He expressed concern about how many areas of the Sta te are in attainment and asked if West Virginia does not still need the policy in order to stay in attainment. He was also concerned that removing the specific reference to “anti

- degredation” might lead the public to believe that DEP does not enforce any such policy anymore. Mr. Mason explained that the anti

- degredation was meant as a placeholder back when the rule was originally promulgated in the 1970s until the states could get their own programs up and running. Because West Virginia adopted the feder al Prevention of Significant Deterioration program under 45 C.S.R. 14 in the early 1980s, the State has more than satisfied the intent of the relic “anti

- degredation” language in Section 2 to protect the air quality in areas that were in attainment of the NAAQS. “Prevention of significant deterioration” in Rule 14 means the same thing as “anti

- degredation.” Regarding 45 C.S.R. 14, Dr. Harris inquired about the justification for the proposed changes to the rule

. Mr. Mason explained why the rule is being a mended and a discussion ensued about fugitive emissions. In relation to 45 C.S.R. 25, Mr. Roberts asked how many hazardous waste treatment, storage, and disposal facilities are in West Virginia, and Mr. Mason advised Council that he would have to research those numbers and report back.

### 6 Finally, regarding 45 C.S.R. 34, D r. Harris asked for a definition of “area sources” and whether the federal EPA would enforce those provisions . Mr. Mason explained what area sources are and that EPA will enforce those standards

. In relation to 33 C.S.R. 20, Ms. Dooley inquired whether hazardous waste fees were being changed, and Ms. Boggs explained that, while fees are regurgitated in this rule, the statutory authority to change the fees was set forth in the statute; t here are no changes to the fee structure proposed in this rule. Dr. Harris asked the record to reflect that the Groundwater Standards rule was not submitted by the deadline, so Council had not yet had an opportunity to review the text or a summary of the rule prior to the Council meeting. Mr. Timmermeyer was on hand and did answer questions regarding why the rule had to be promulgated this year. Regarding 60 C.S.R. 2, Ms. Dooley inquired about the language “shall furnish copies,” and Ms. Boggs explained that the language for § 7.2 is in the disjunctive: the agency shall furnish copies or advise the requester when he or she can come in and review documents or deny the request. Ms. Dooley then inquired about the new exemptions, and Ms. Boggs explained that the exemptions mirror the West Virginia Freedom of Information Act, which is set forth at W. Va. Code 29B

- 1

- 1 et seq

. , and the federal Freedom of Information Act. Finally, Ms. Dooley asked whether the proposed fee changes would be sufficient to cover the agency’s costs in responding to FOIA requests, and Ms. Cosco affirmed that they would. Finally, regarding 38 C.S.R. 2, Dr. Harris inquired about the provisions relating to the addition of a trust account as an approved form of bond. Specifically, he ask ed whether the proposed trust account would cover perpetual treatment. Mr. Clarke explained that the proposed trust account is intended to be another form of bonding, not be a replacement for the Special Reclamation Fund. Dr. Harris then inquired as to h ow the cost of perpetual treatment is calculated. Mr. Clarke explained that the federal Office of Surface Mining Reclamation & Enforcement (OSM) has developed a computer model that estimates cost by developing a formula based on a mechanism that allows treatment for 40 or more years.
VI. C OMMENTS FROM THE 

### P UBLIC 

### Mr. Garvin asked for clarification on the trust account proposed by the Division of Mining and Reclamation

. Mr. Clarke answered his questions. Mr. Garvin then had several questions for Mr. Mason and Mr. Durham regarding the proposed Air Quality rules, which were duly answered.

### 7

VII . A DJOURNMENT 

### Mr. Raney moved that the meeting be adjourned, Ms. Dooley seconded the motion, and it carried by acclamation of Council. The meeting was adjourned at 3:05 p.m.

## DEPARTMENT OF ENVI RONMENTAL PROT ECTI ON DIVI SI ON OF AIR Q UALIT Y
BRI EFINGDOCUMENT

Rule Title: 45CSR 8 - “Ambient Air Quality Standards”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMAR

Y OFRULE: The purpose of this rule is to establish and adopt amb i en t air quality standards in West Virg inia for sulfur ox ides, particulate matter, carbon monox ide, ozone, nitrog en diox ide and lead, equivalent to the national p ri m ary and seconda ry ambient air quality standards (NAAQS) e stablished under Sec tion 109 of the C lean Air Act, and promulga ted by the United States Environm en t al P ro tection Ag ency under 40 CFR Part 50. National primary ambient air quality standards define levels of air quality which the Administrator of the U.S. EPA judge s are nece ssary , with an adequate marg in of safe ty , to protec t the public health. National seconda

ry ambient air quality standard s d efine levels of air quality which the Administrator of the U.S. E PA judge s nece ssary to protect the public welfa re from any known or a

nticipated adverse e ffe cts of a pollutant. This rule also establishes and adopts ambient air monitoring ref erence methods and equivalent methods promu l gated by the United States Environmental Protection Ag ency under 40 CFR Part 53. These ref erence methods are used to demonstrate attainment (or nonattainment) of theNAAQS. The standards and methods under 40 CFR Parts 50 and 53 are subject to revision, and additional primary and seconda ry standards may be promulg ated as the Administrator of the U. S

. E P A d eems nece ssary to protec t the public health and welfa re. Such promulg ated revisions areincorpora

ted by ref erence under this rule.

C. STATE MENT OFCIRCUM STANCES WH ICH REQUIRE RULE:
In accorda

nce with Section 109 of the Clean Air Act (CAA), U.S. EPA has promulg ated air quality criteri a an d NAAQS for sulfur ox ides, particulate matter, car bon monox ide, ozone, nitrog en diox ide and lead. 45CSR 8 will meet the require ments for State Implementation Plans under Section 110 of the CAA through the NAAQS for sulfur ox ides, particulat e matter, car

bon monox ide, ozone, nitrog en diox ide and lead incorporated by

### Briefin g Docum ent

45CSR8 P age 2 ref

erence in this rule. Revisions to the rule provide for incorporation by ref erence of the NAAQS as promulg ated by the U.S

. EPA, rathe r th an reiterating the NAAQS in the rule. Additionally , the U.S. EPA has revised the primary nitrog en diox ide NAAQS, and 45CSR 8 incorpora tes by ref erence these revised standards. In acc ordanc e with Section 110(a) (2)( H) of the CAA, th e DA Q wi ll submit final rule 45CSR 8 as a revision to the State Implementation Plan.

D. F EDERAL COUNTERP ART REGULATIONS - INCORP ORATION BY REF ERENCE/DET ERMINATION OFSTRINGENCY:
A federal counter

part to this proposed rule exis ts. Be cause proposed revisions make the rule confor

m to the federal counter

part rule, no deter

mination of stringency is require d.

E. CONSTIT UTIONAL TAKING S DETE RMINA TION:
I n acc ordanc e with §22-1A-1 and 3(c,) the Secre tary has deter mined that this rule will not result in taking of private proper ty within the meaning of th e Constitutions of West Virg inia and the United States of Americ a.

F . CO NSULTATIO N WITH THE ENVIRONMENTAL P ROTECTIO N ADVISORY COUNC IL:
At it s Jun e 3, 2010 meeting , the Environmental Protection Advisory Council revie wed a

nd discussed this rule. (Seeattache d minutes for Council’s discussion).