dep

west virginia department of environmental protection

Executive Office

60 I 57'" Street SE

Charleston, WV 25304

Earl Ray Tomblin, Governor

Randy C. Huffman, Cabinet Secretary

www.dep.wv.gov

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 Quality 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.
45CSR8

TITLE 45

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 8

AMBIENT AIR QUALITY STANDARDS

§45-8-1. General.

1.1. Scope. -- Thisrule establishes and adopts ambient air quality standards in West Virginia forsulfur

oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national

primary and secondary ambient air quality standards established under Section 109 of the Clean Air Act, and

promulgated by the United States Environmental Protection 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 Administrator 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 equivalent methods promulgated by the United States Environmental

Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by

reference. The Secretary also adopts the appendices to these standards and methods. These standards and

methods are subject to revision, and additional primary and secondary standards may be promulgated as the

Administrator deems necessary to protect the public health and welfare.

1.2. Authority. -- W.Va. Code §22-5-4.

1.3. Filing Date. -- June 16, 2011.

1.4. Effective Date. -- June 16, 2011.

1.5. Incorporation by Reference. --Federal Counterpart Regulation. The Secretary has determined that

a federal counterpart regulation exists, and in accordance 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 Reference and Equivalent Methods, effective

June 1, 2010.”

1.6. Former Rules. -- This legislative rule amends 45CSR8 - “Ambient Air Quality Standards” which

was filed on April 30, 2010 and became effective on June 1, 2010.

§45-8-2. Definitions.

2.1. “Administrator” means the Administrator of the United States Environmental Protection Agency

or his or her authorized representative.

2.2. “Clean Air Act” or “CAA” means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq.

2.3. “Secretary” means the Secretary of the Department of Environmental Protection or such other

1
45CSR8

person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§22-1-6 or 22-1-8.

2.4. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning

ascribed to them in 40 CFR §50.1. Words and phrases not defined therein shall have the meaning given to

them in the federal Clean Air Act.

§45-8-3. 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 United 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 equivalent to those established under Section 109 of the Clean

Air Act, as amended.

3.2. The Secretary hereby adopts and incorporates by reference 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 equivalent methods in West Virginia.

§45-8-4. Inconsistency Between Rules.

4.1. 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.

2
45CSR8

TITLE 45

LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AIR QUALITY

SERIES 8

AMBIENT AIR QUALITY STANDARDS

§45-8-1. General.

1.1. Scope. -- Thisrule establishes and adopts ambient air quality standards in West Virginia forsulfur

oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national

primary and secondary ambient air quality standards established under Section 109 of the Clean Air Act, and

promulgated by the United States Environmental Protection 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 Administrator 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 equivalent methods promulgated by the United States Environmental

Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by

reference. The Secretary also adopts the appendices to these standards and methods. Such These standards

and methods are subject to revision, and additional primary and secondary standards may be promulgated

as the Administrator deems necessary to protect 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 accordance 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 Reference and Equivalent Methods, effective

June 1, 2010.”

1.5. 1.6. FormerRules. --Thislegislative rule amends 45CSR8 - “Ambient AirQualityStandards” 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 between the present quality and the established standards. 

The plans will be based upon the best available forecasts of probable land and air uses in these areas of high

1
45CSR8

air quality.

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 result 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 ambient 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” meansthe Administrator of the United States Environmental Protection Agency

or his or her authorized representative.

3.2. “Air Pollutants” means solids, liquids, or gases which, if discharged into the air, may result in a

statutory air pollution.

3.3. “Air Pollution” or ‘statutory air pollution’, shall have the meaning ascribed to it in W.Va. Code

§22-5-2.

3.4. “Ambient air” means that portion of the atmosphere, external to buildings, to which the general

public has access.

3.5. “Ambient Air Quality Standards” meansthe numerical expression of a specified concentration level

for a particular air pollutant in the ambient air and the 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 in accordance 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” 3 means the triatomic oxygen molecule (O ), a very reactive form of oxygen.

3.9. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided

form as a liquid or solid.

3.10. “Person” means any and all persons, natural or artificial, 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.

2
45CSR8

3.11 2.5. “PM ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers.

3.12 10. “PM ” 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 authority or 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 allow 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 (ìg/m ), not to be exceeded in

3

a calendar year. The annual arithmetic mean shall be rounded to three decimal places (fractional parts equal

to or greater than 0.0005 ppm shall be rounded up).

4.1.b. Maximum24-HourConcentration. --The level of the 24-hour primary standard forsulfur oxides

is 0.14 ppm (365 ìg/m ), not to be exceeded more than once per calendar year. The 24-hour averages shall 3

be determined from successive non-overlapping 24-hour blocks 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 calendar quarter. A 24-hour block average shall be considered

valid if at least 75 percent of the hourly averages for the 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 level 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 shall 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

3
45CSR8

sulfur oxides is 0.5 ppm, (1300 ìg/m ), not to be exceeded more than once per year. The 3-hour averages 3

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 parts equal to or greater than 0.05 ppm shall be rounded

up).

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 considered 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 substituted 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 shall allow emissions of particulate matter 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:

4.2.a 10. PM Maximum 24-Hour Average Concentration. -- The level of the primary and secondary

24-hour 10standards for PM is 150 ìg/m . The standards are attained when the expected number of days per 3

calendar year with a 24-hour average concentration above 150 ìg/m , as determined in accordance with

3

Appendix K of 40 CFR Part 50, is less than or equal to one.

4.2.b 2.5. PM MaximumAnnual Arithmetic Mean Concentration. --The level of the annual primary and

2.5

secondary standards for PM are 15.0 ìg/m . The standards are met when the annual arithmetic mean 3

concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 15.0

ìg/m .

3

4.2.c 2.5. PM Maximum 24-Hour Average Concentration. -- The level of the 24-hour primary and

2.5

secondary standards for PM are 35 ìg/m . The standards are met when the 98 percentile 24-hour 3 th

concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 35

ìg/m .

3

4.3. Standards for Carbon Monoxide. -- No person shall 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 , not to be exceeded more than once per year. An 8-hour average 3

shall be considered valid if at least 75 percent of the hourly average for the 8-hour period are available. In

the event that only six (or seven) hourly averages are available, 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 Average concentration. -- The level of the primary

1-hour standard for carbon monoxide is 35 ppm (40 mg/m ), not to be exceeded more than once per year.

3

4.3.c. When summarizing data for comparison with 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

4
45CSR8

greater rounding up.

4.4. Standards for Ozone. -- No person shall allow emissions of ozone 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:

4.4.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 emissions of nitrogen dioxide 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:

4.5.a. Maximum Annual Arithmetic Mean Concentration. -- The level of the annual primary and

secondary standards for nitrogen dioxide is 0.053 ppm and 100 ìg/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 isless 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 which 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 ìg/m , averaged over a calendar quarter. 3

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 primary and secondary ambient air quality standards forlead

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 that area, 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 ìg/m , arithmetic mean concentration over a 3-month

3

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 concentration 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 ìg/m .

3

5
45CSR8

§45-8-5. Methods of Measurement.

5.1. For 10the purpose of determining attainment of the primary and secondary PM standards under

10

subdivision 4.2.a, particulate matter shall be measured in the ambient air as PM by:

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

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 2.5the purpose of determining attainment of the primary and secondary PM standards under

2.5

subdivisions 4.2.b and 4.2.c, particulate matter shall be measured in the ambient air as PM 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 measured 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. Forthe purpose of determining attainment of the primary and secondary nitrogen dioxide standards

under subsection 4.5, nitrogen dioxide concentrations 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:

6
45CSR8

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:

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

cub 2.5ic meter) other than for the PM standards contained in subdivisions 4.2.b and 4.2.c shall be corrected

to a reference temperature of 25 C and a reference pressure of 760 millimeters of mercury (1013.2 millibars). 

O

Measu 2.5rements of PM 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 United 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 equivalent to those established under Section 109 of the Clean

Air Act, as amended.

3.2. The Secretary hereby adopts and incorporates by reference 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 equivalent 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 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.

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, nitrogen dioxide and lead, equivalent to the national

primary and secondary ambient air quality standards established under Section 109 of the Clean Air Act, and

promulgated by the United States Environmental Protection 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 Administrator 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 equivalent methods promulgated by the United States Environmental

Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by

reference. The Secretary also adopts the appendices to these standards and methods. Such These standards

and methods are subject to revision, and additional primary and secondary standards may be promulgated as

the Administrator deems necessary to protect 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 accordance 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 Reference 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 between the present quality and the established standards. 

The plans will be based upon the best available forecasts 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 result 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 ambient 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 the United States Environmental Protection Agency

or his or her authorized representative.

3.2. “Air Pollutants” means solids, liquids, or gases which, if discharged into the air, may result in a

statutory air pollution.

3.3. “Air Pollution” or ‘statutory air pollution’, shall have the meaning ascribed to it in W.Va. Code

§22-5-2.

3.4. “Ambient air” means that portion of the atmosphere, external to buildings, to which the general

public has access.

3.5. “Ambient Air Quality Standards” means the numerical expression of a specified concentration level

for a particular air pollutant in the ambient air and the 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 in accordance 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 (O3), a very reactive form of oxygen.

3.9. “Particulate Matter” means any material, except uncombined water, that exists in a finely divided

form as a liquid or solid.

3.10. “Person” means any and all persons, natural or artificial, 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. “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers.

2
45CSR8

3.12. “PM10” 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 authority or 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 allow 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 (μg/m3), not to be exceeded in

a calendar year. The annual arithmetic mean shall be rounded 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 μg/m3), not to be exceeded more than once per calendar year. The 24-hour averages shall

be determined from successive non-overlapping 24-hour blocks 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 calendar quarter. A 24-hour block average shall be considered

valid if at least 75 percent of the hourly averages for the 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 level 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 shall 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 μg/m3), 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 parts 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 considered 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 substituted 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 shall allow emissions of particulate matter 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:

4.2.a. PM10 Maximum 24-Hour Average Concentration. -- The level of the primary and secondary

24-hour standards for PM10 is 150 μg/m3. The standards are attained when the expected number of days per

calendar year with a 24-hour average concentration above 150 μg/m3, as determined in accordance with

Appendix K of 40 CFR Part 50, is less than or equal to one.

4.2.b. PM2.5 Maximum Annual Arithmetic Mean Concentration. -- The level of the annual primary and

secondary standards for PM2.5 are 15.0 μg/m3. 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

μg/m3.

4.2.c. PM2.5 Maximum 24-Hour Average Concentration. -- The level of the 24-hour primary and

secondary standards for PM2.5 are 35 μg/m3. The standards are met when the 98th percentile 24-hour

concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 35

μg/m3.

4.3. Standards for Carbon Monoxide. -- No person shall 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/m3, not to be exceeded more than once per year. An 8-hour average

shall be considered valid if at least 75 percent of the hourly average for the 8-hour period are available. In

the event that only six (or seven) hourly averages are available, 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 Average concentration. -- The level of the primary

1-hour standard for carbon monoxide is 35 ppm (40 mg/m3), not to be exceeded more than once per year.

4.3.c. When summarizing data for comparison with 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 emissions of ozone 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
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 emissions of nitrogen dioxide 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:

4.5.a. Maximum Annual Arithmetic Mean Concentration. -- The level of the annual primary and

secondary standards for nitrogen dioxide is 0.053 ppm and 100 μg/m3.

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 which 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 μg/m3, 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 primary 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 that area, 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 μg/m3, 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 concentration 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 μg/m3.

§45-8-5. Methods of Measurement.

5.1. For the purpose of determining attainment of the primary and secondary PM10 standards under

subdivision 4.2.a, particulate matter shall be measured in the ambient air as PM10 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 PM2.5 standards under

subdivisions 4.2.b and 4.2.c, particulate matter shall be measured in the ambient air as PM2.5 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 measured 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 concentrations 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 PM2.5 standards contained in subdivisions 4.2.b and 4.2.c shall be corrected

to a reference temperature of 25OC and a reference pressure of 760 millimeters of mercury (1013.2 millibars). 

Measurements of PM2.5 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 United 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 equivalent to those established under Section 109 of the Clean Air

Act, as amended.

3.2. The Secretary hereby adopts and incorporates by reference 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 equivalent 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 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.

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 of

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

executive or administrative agencies of the state; authorizing

certain of the agencies to promulgate certain legislative rules

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

authorizing certain of the agencies to promulgate certain

legislative rules in the form that the rules were filed in the
Com. Sub. for S. B. No. 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 Environmental

Protection 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 to

promulgate 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-
3 [Com. Sub. for S. B. No. 121

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 solid

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

construction and major modification of major stationary

sources 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 a

legislative 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.

1 (a) The legislative rule filed in the state register on the

2 thirtieth day of July, two thousand ten, authorized under the

3 authority of section six, article eighteen, chapter twenty-two

4 of this code, modified by the Department of Environmental

5 Protection to meet the objections of the Legislative Rule6 Making Review Committee and refiled in the state register

7 on the twenty-first day of September, two thousand ten,

8 relating to the Department of Environmental Protection

9 (hazardous waste management system, 33 CSR 20), is

10 authorized.

11 (b) The legislative rule filed in the state register on the

12 thirtieth day of July, two thousand ten, authorized under the

13 authority of section four, article three, chapter twenty-two

14 of this code, modified by the Department of Environmental

15 Protection to meet the objections of the Legislative Rule16 Making Review Committee and refiled in the state register
5 [Com. Sub. for S. B. No. 121

17 on the eighteenth day of January, two thousand eleven,

18 relating to the Department of Environmental Protection

19 (surface mining reclamation, 38 CSR 2), is authorized with

20 the following amendments:

21 On page fifty-four, subdivision 3.32.b., by striking out the

22 words “For the purposes of W.Va. Code §22-3-19(a)(1)(B), an

23 operator shall be considered in compliance with the applica24 ble environmental performance standards referenced therein

25 unless it has unabated cessation orders, notices of violations

26 that are not in the process of being abated to the Secretary’s

27 satisfaction, delinquent civil penalties, or bond forfeitures.”;

28 On pages one hundred fifty-four and one hundred fifty29 five, paragraph 12.2.a.1., by striking out all of paragraph

30 12.2.a.1. and inserting in lieu thereof a new paragraph

31 12.2.a.1. to read as follows:

32 “12.2.a.1. The permittee may file an application with the

33 Secretary for the release of all or part of a bond. Applica34 tions may be filed only at times or during seasons established

35 by the Secretary which allow proper evaluation of the

36 completed reclamation operations.”;

37 And,
Com. Sub. for S. B. No. 121] 6

38 On page one hundred seventy-seven, subdivision 14.11.h.,

39 by striking out the words “e. and f.” and inserting in lieu

40 thereof the words “e., f. and g.”.

41 (c) The legislative rule filed in the state register on the

42 twenty-eighth day of July, two thousand ten, authorized

43 under the authority of section four, article five, chapter

44 twenty-two of this code, relating to the Department of

45 Environmental Protection (ambient air quality standards, 45

46 CSR 8), is authorized.

47 (d) The legislative rule filed in the state register on the

48 twenty-eighth day of July, two thousand ten, authorized

49 under the authority of section four, article five, chapter

50 twenty-two of this code, modified by the Department of

51 Environmental Protection to meet the objections of the

52 Legislative Rule-Making Review Committee and refiled in

53 the state register on the eleventh day of January, two

54 thousand eleven, relating to the Department of Environmen55 tal Protection (permits for construction and major modifica56 tion of major stationary sources of air pollution for the

57 prevention of significant deterioration, 45 CSR 14), is

58 authorized with the following amendment:
7 [Com. Sub. for S. B. No. 121

59 On page twenty, after paragraph 2.80.e.2., by adding the

60 following:

61 “2.80.f. Notwithstanding subdivisions 2.80.d. and 2.80.e.,

62 and subject to the public notice requirements set forth in

63 subdivision 2.80.g., the preconstruction permit requirements

64 of this rule shall not apply to a source’s GHG emissions if

65 any of the following actions result in GHGs not being subject

66 to regulation under the otherwise applicable federal preven67 tion of significant deterioration requirements set forth in 40

68 CFR §51.166:

69 2.80.f.1. A US EPA final rule;

70 2.80.f.2. An act of the United States Congress;

71 2.80.f.3. A Presidential Executive Order;

72 2.80.f.4. A final order of the District of Columbia Circuit

73 Court of Appeals, if the specified time for appealing the

74 order has lapsed and no appeals, petitions seeking clarifica75 tion or rehearing, or other petitions regarding the order have

76 been filed, or, if any appeals or petitions are filed, the

77 resolution of any and all appeals and petitions regarding the

78 final order are complete and have upheld the relevant

79 determination(s). Moreover, a stay shall also create an

80 exemption during the effective length of the stay. These two
Com. Sub. for S. B. No. 121] 8

81 specific exemptions shall become effective only if US EPA

82 does not object in writing by the end of the notice period set

83 forth in subdivision 2.80.g.; or

84 2.80.f.5. An order of the United States Supreme Court.

85 2.80.g. The exemption set forth in subdivision 2.80.f. shall

86 become effective after the Secretary provides a thirty day

87 notice of such exemption to US EPA and the public. Such

88 notice shall be published in the West Virginia Register and

89 explain the circumstances justifying the exemption.”

90 (e) The legislative rule filed in the state register on the

91 twenty-eighth day of July, two thousand ten, authorized

92 under the authority of section four, article five, chapter

93 twenty-two of this code, relating to the Department of

94 Environmental Protection (standards of performance for new

95 stationary sources, 45 CSR 16), is authorized.

96 (f) The legislative rule filed in the state register on the

97 twenty-eighth day of July, two thousand ten, authorized

98 under the authority of section four, article five, chapter

99 twenty-two of this code, modified by the Department of

100 Environmental Protection to meet the objections of the

101 Legislative Rule-Making Review Committee and refiled in

102 the state register on the eleventh day of January, two
9 [Com. Sub. for S. B. No. 121

103 thousand eleven, relating to the Department of Environmen104 tal Protection (control of air pollution from combustion of

105 solid waste, 45 CSR 18), is authorized.

106 (g) The legislative rule filed in the state register on the

107 twenty-eighth day of July, two thousand ten, authorized

108 under the authority of section four, article five, chapter

109 twenty-two of this code, relating to the Department of

110 Environmental Protection (permits for construction and

111 major modification of major stationary sources of air

112 pollution which cause or contribute to nonattainment, 45

113 CSR 19), is authorized.

114 (h) The legislative rule filed in the state register on the

115 twenty-eighth day of July, two thousand ten, authorized

116 under the authority of section four, article five, chapter

117 twenty-two of this code, relating to the Department of

118 Environmental Protection (control of air pollution from

119 hazardous waste treatment, storage or disposal facilities, 45

120 CSR 25), is authorized.

121 (i) The legislative rule filed in the state register on the

122 twenty-eighth day of July, two thousand ten, authorized

123 under the authority of section four, article five, chapter

124 twenty-two of this code, relating to the Department of
Com. Sub. for S. B. No. 121] 10

125 Environmental Protection (emission standards for hazardous

126 air pollutants, 45 CSR 34), is authorized.

127 (j) The legislative rule filed in the state register on the

128 thirtieth day of July, two thousand ten, authorized under the

129 authority of section four, article eleven, chapter twenty-two

130 of this code, relating to the Department of Environmental

131 Protection (requirements governing water quality standards,

132 47 CSR 2), is authorized with the following amendments:

133 On pages two and three, subsection 3.1, by striking out the

134 words “and certain water withdrawal activities”;

135 On page three, subsection 3.2, by striking out the words “or

136 water withdrawal activities”;

137 On page fourteen, subdivision 8.2.b., striking out all of

138 subdivision 8.2.b. and inserting in lieu thereof a new subdivi139 sion 8.2.b. to read as follows:

140 “8.2.b. For waters other than the Ohio River between river

141 mile points 68.0 and 70.0, a final determination on the

142 critical design flow for carcinogens is not made in this rule,

143 in order to permit further review and study of that issue.

144 Following the conclusion of such review and study, the

145 Legislature may again take up the authorization of this rule

146 for purposes of addressing the critical design flow for
11 [Com. Sub. for S. B. No. 121

147 carcinogens: Provided, That until such time as the review

148 and study of the issue is concluded or until such time as the

149 Legislature may again take up the authorization of this rule,

150 the regulatory requirements for determining effluent limits

151 for carcinogens shall remain as they were on the date this

152 rule was proposed.”;

153 On page fourteen, after subdivision 8.2.b., by adding a new

154 paragraph 8.2.b.1. to read as follows:

155 “8.2.b.1. For the Ohio River between river mile points 68.0

156 and 70.0 the critical design flow for determining effluent

157 limits for carcinogens shall be harmonic mean flow.”;

158 On page fourteen, subdivision 8.3.b., by striking out all of

159 subdivision 8.3.b.;

160 On page fourteen, paragraph 8.3.b.1., by striking out all of

161 paragraph 8.3.b.1.;

162 On page fourteen, subparagraph 8.3.b.1.A., by striking out

163 all of subparagraph 8.3.b.1.A.;

164 And,

165 On page forty-seven, by striking out all of parameter 8.32

166 and renumbering the remaining parameters.

167 (k) The legislative rule filed in the State Register on April

168 8, 2010, authorized under the authority of section four,
Com. Sub. for S. B. No. 121] 12

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

170 promulgation by the Legislature on March 13, 2010, relating

171 to the Department of Environmental Protection (National

172 Pollutant Discharge Elimination System (NPDES) Program,

173 47 CSR 10), is authorized with the following amendments:

174 On page forty-four, part 13.1.b.4.A.13., by striking out all

175 of part 13.1.b.4.A.13. and inserting in lieu thereof a new part

176 13.1.b.4.A.13. to read as follows:

177 “13.1.b.4.A.13. Five thousand (5,000) ducks, if the AFO

178 uses a liquid manure handling system.”;

179 On page forty-four, subparagraph 13.1.b.4.B, by striking

180 out all of subparagraph 13.1.b.4.B;

181 On page forty-four, part 13.1.b.4.B.1, by striking out all of

182 part 13.1.b.4.B.1.;

183 And,

184 On page forty-four, part 13.1.b.4.B.2, by striking out all of

185 part 13.1.b.4.B.2. 

186 (l) The legislative rule filed in the state register on the

187 twenty-third day of July, two thousand ten, authorized under

188 the authority of section four, article twelve, chapter twenty189 two of this code, modified by the Department of Environ190 mental Protection to meet the objections of the Legislative
13 [Com. Sub. for S. B. No. 121

191 Rule-Making Review Committee and refiled in the state

192 register on the fourteenth day of September, two thousand

193 ten, relating to the Department of Environmental Protection

194 (requirements governing groundwater standards, 47 CSR 12),

195 is authorized.

196 (m) The legislative rule filed in the state register on the

197 twenty-sixth day of July, two thousand ten, authorized under

198 the authority of section five, article twelve, chapter twenty199 two of this code, modified by the Department of Environ200 mental Protection to meet the objections of the Legislative

201 Rule-Making Review Committee and refiled in the state

202 register on the twenty-second day of September, two thou203 sand ten, relating to the Department of Environmental

204 Protection (monitoring well design standards, 47 CSR 60), is

205 authorized.


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. Give the 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 STANDARDS 

RESPONSE TO COMMENTS

On June 11, 2010, the Division of Air Quality (DAQ) commenced a thirty day public

comment period and subsequently held a public hearing on July 12, 2010 to accept oral comments

on proposed revisions to legislative rule 45CSR8. Written comments were also accepted through

6:00 PM on Monday, July 12, 2010. One commenter submitted written comments regarding

proposed revisions to rule 45CSR8, and no commenter provided verbal comments. DAQ addresses

these comments below.

I. COMMENTER: Nancy Bouldin

COMMENT A. The commenterstates, “I strongly urge the WVDEP to enact and enforce air

quality standards under 45CSR8 that meet OR EXCEED federal air quality standards. Protecting

the air quality of West Virginia is essential to the state’s human and economic well-being, now and

into the future. With increasing activity related to Marcellus Shale deep-gas drilling added to

ongoing coal and other industrial operations, the WVDEP (West Virginia Department of

Environmental Protection) MUST act in the interests of the residents of the state and fulfill your

mission to truly PROTECT our air, water, and other environmental resources from being sacrificed

to the interests of others. Air quality may not seem like the worst problem that comes with deep-gas

drilling, but ask the residents of Wetzel County, WV how their air quality has deteriorated due to

constant over-sized truck hauling, degraded roads, dust, gravel, flares, and chemical pollutants. We

need adequate safeguards for our communities and farmlands.”

RESPONSE A. DAQ notes that the national ambient air quality standards incorporated by

reference under 45CSR8 are equivalent to the national ambient air quality standards promulgated

by the U.S. EPA as of June 1, 2010.

COMMENT B. The commenterstates, “Re §45-8-4 – Inconsistency Between Rules – I support

the proposed statement 7.1 that in the event of inconsistency between rules “the determination shall

be based upon the application of the more stringent provision, term, condition, method or rule.”

RESPONSE B. No response required.

II. COMMENTER: DEP Advisory Council

COMMENT A. The commenterstates, “Council also recommends that the Air Quality rules

contain language in the 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.’”

RESPONSE A. DAQ appreciates the comment, however, the comment involveslanguage that

is beyond the scope of proposed revisions, and, therefore requires no response. 


MEMORANDUM 

TO: Randy C. Huffman, Cabinet Secretary 

FROM: Environmental Protection 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 language in the 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.” 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

ADVERTISEMENT

The Charleston Gazette, Friday, Jl

Public Notice

.2011Proposed 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 toke

place at the Division of

Environmental Protection's Charleston headQuarters, '601 57th, Street

S.E., Charleston, WV

25304. Oral and written

comments will be limited

to the' proposed revisions

and will bernade a port.ot

the rulemaking record.

Copies of the rules are'

available from the secretory of state's office or

from the DEP at

www.wvdep.orgI2011rules

, . You may also .obtain

hordcopies of the information by colling the phone

number listed below:

Written, comments may

be submitted.to the Public

Information Office at the

above address; Comments

may also be e-rnclled to

comments@wvdep.org.

The heanng dates, locations and comment deadlines are as follows:

Division·of Air Qualify

45CSR8 -' Ambient Air

Quality Standards

45CSR14 -Permits for

Construction and Maior

Modification of Maior Stationary Sources of Air Pollution for the Prevention

of Significant Deteriorati~2CSRI6 -::Standards of

Performance for New Stationary Sources,

45CSR18 - Control of Air

Pollution From Cornbustion of Solid Waste

45CSR19 - Permits for,

constructton c-- and Maior'

Modification of Maior Stationary Sources of Air Pollution Which' Cause or

Contribute to

Nonattainment

45CSR25 - Control of Air

Pollutlon 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 beginning at 6

p.m. on July 12, 20\0 in the

'Dolly Sods Room. The

comment period will begin

on June 1.1,2010and end ct

the conclusion of the public hearing on July ..12,

LEGAL,

ADVERTISEMENT

2010. Upon authorization

and promulgation of revisions to 45CSR8, 45CSRI4

and 45CSR19; the DAQ will

submit the rules to the

U.S, Environmental Protection Agency (EPA) as

revisions to the State Imptementctlon 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 information on

any of the DAQ rules call

304-926-0475.

(428048)
CHARLESTON NEWSPAPERS

P.O. Box 2993

Charleston, West Virginia 25330

Billing 348-4898

Classified 348-4848

1-800-WVA-NEWS

INVOICE NBR

INVOICE DATE M

ACCOUNT NBR

SALES REP ID

I

WVDEP AIR QUALITY

SANDRA ADKINS

601 57TH ST., SE

CHARLESTON

I

3ILLED

TO WV 25304 USA

L ~

Please return this portion with your payment.

Make checks payable to: Charleston Newspapers

AMOUNT PAID:

CHARLESTON NEWSPAPERS

P.O. Box 2993

Charleston, West Virginia 25330

Billing 348-4898

Classified 348-4848 I INVOICE NBR I I

l-800-WVA-NEWS Legal pricing is based upon 63 words per column inch.

FEIN 55-0676079 Each successive insertion is discounted by 25% of the first insertion rate.

The Daily Mail rate is $.13 per word, the Charleston Gazette rate is $.14 per word, and the Metro Putnam rate is $.13 per word.,.;,..",...,••••.•••••.•.••••••.,.,.,..,

Ejl;ii~~~~~~

ACCOUNT NBR

INVOICE DATE

SALES REP ID

06/11

8.82 77.18 77.18

71.66

LEG - 2011

8.19 71.66

TOTAL INVOICE AMOUNT 148.84

State of West Virginia, AFFIDAVIT OF PUBLICATION

I, g. {,tfkn.&vUJe.:

~ .

THE CHARLES<5N GAZETTE'~

THE DAILY MAIL,

do solemnly swear that the legal notice of:

Public notice - 2011 pro

was duly published in said newspaper(s) at the stated price for the respective newspaper(s) and during the dates listed below:

(""-""" 06/11/10-06/11/10

Subscribed and sworn to before me this .I:f day of'--L~ e"M « kid---. ~.

z;7 , ·up.). r/litu/../

c.

of
Volume XXVII

Issue 23

June 11,2010

Pages 925 - 976

A Weekly Publication

Administrative Law Division

Judy Cooper, Manager

Natalie E. Tennant

Secretary ofState

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 ofthe 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 ofTax Appeal Decisions

X. Other Documents or Information Filed

XI. Publication Deadlines and Publication Dates
AGENCY

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

Region7 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

938
CHRONOLOGICAL 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 57th 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

VI
CHRONOLOGICAL 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.i

I AGENCY II RULEITYPE II AUTHORITY II HEARING/COMMENT PERIOD/LOCATION 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 5ih 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'l
CHRONOLOGICAL 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 IAir 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 57th 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

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00
CHRONOLOGICAL 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

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IV

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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, IERDbyJuly20,2010 II July 7, 2010 I . (157-6) . Ad·acent Areas l....:2=2:...;:a.:;..:n-=.d=23=--__----''--. -J.. ---'.

<D

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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 Servicesfrom 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 ofDirectors 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 1st Avenue

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 ofGovernors

Concord University

Marsh Hall Room 201A

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 wasfiled late and does not comply with the Open GovernmentalProceedings Act

ID

W

-
MEETING NOTICES

Ooen Governmental Proceedin~sAct §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 Elkwater 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 GovernmentalProceedings 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 ofGovernors

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 ofGovernors 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 GovernmentalProceedings Act

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MEETING NOTICES

Open Governmental Proceedin~sAct §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 1018 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 ofthe Whole Parkersburg, and by conference call

Insurance Commissioner, WV 6/8/2010 Special meeting re: consideration of draft overview ofsafety 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 Avenue

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

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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 Avenue

Huntington, WV 25701

Institutional Board ofGovernors

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 101 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, 1st 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 Avenue

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 ofDirectors 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 wasfiled late and does not comply with the Open Governmental Proceedings Act

Ie

W

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MEETING 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, SWANA 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 ofGovernors 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 Avenue

Workforce Investment Board Charleston, WV 25305

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

ID

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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 ofthe $3.60 (ItO-50F) State Fire Marshal

Water Resources Requirements Governing Water Quality Standards $12.80 (47~2)

'i.

o
Ollicc 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

942
RULE 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

'£.

IoU
AGENCY/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

t
RULE 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

....

VI
RULE 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

LegislativeExempt_~__

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 8/5/2010
AGENCY/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

co
AGENCY/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

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RULE 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

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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

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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) NonRenewal of DriVing Privileges Approved Approved HB 4109

$11.80 9/18/2009 11/18/2009 BUNDLED

Legislative Filed S8291

11/23/2009

ID

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RULE 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

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RULE 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

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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

'"

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RULE 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

""

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Ol
RULE 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

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Do Not Mark In This Box

____________________________

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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 ofEttvironmenlal Proleotion - Division ofAir 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 ofAir 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 ofMajor StationatV Sources ofAir Pollution for the Prevention ofSignificant Deterioration

IFNO, 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 TIME: 6:00 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 ofEnvironmental 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 ofHearing

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 ofthese comments.

July 12,2010 TIME: Close o!Hearing

Kathy Cos<». Publie Inform.tion Office WVl)~.partmen[-orEnv\ronin_cntal-Pi:Oicction

60I 57th Street, S.E.

Charleston, WV 25304

fhe issues to be heard shall be limited to the proposed rule.

ATrACH AlYUEfSUMMARY OF YOUR PROPOSAL , ,.--c ~-

" , Autholjf:ed Siil\lli'iml AHACM A!llY£Ii: SUMMARY OF YOUR PROPOSAL

-. "-'.~""

.. _.".;'''1 ";~$'

AuthorizedS~ature . ".

~\0'loD 't\{)~

ID

VI

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Do Not Mark In This Box

---------------------------~'--~~~~~~~.~,~--------

.WEST VIRGINIA

LEGISLATIVE SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

Fonn#1

i.:... •. '-' ~"w= :~

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 ofEoviroomental Protection· Division ofAi, Quality TITLE NUMBER: 45 AGENCY: WV Department ofEnvironmental Protection· Division ofAi, 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 ofSolid 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 ofEnvironmental Protection

Dolly Sods CODf~nce Room

DATE OF PUBLIC HEARING: July 12.2010 TIME: 6:<l0 p.m.

LOCATION OF PUBLIC HEARING: WV Depatlment ofEnviromoental 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 ofthese comments.

July 12.2010 TIME: Close ofHearing

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 ofthese comments.

July 12,2010 TIME: Clos.ofHearln;

Kathy CoS<>O•.Publie Information Office

wv r>epartmentofEnvironmenrafPrOtCCtlon

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 AI!RIUSUMMARY OF YOUR PROPOSAL

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AHACH A SUMMARY OF YOUR PROPOSAL

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-------------------- ~I ----------

fa: 1,1

WEST VIRGINIA Do Not Mark In This Box

SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION Form #1

.~,. 10= fa

Do Not Mark In Th' LEGISLATIVE WEST IS Box 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 ofEnvironmental ProteCtion - Division ofAir 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 ofAir Pollution Which Cause orContribute to Nonattainment

TITLE OF RULE BEING AMENDED' CQntrol ofAir 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.

LOCAnON OF PUBLIC HEARING: WV Department ofEnvironmental Protection

Dolly ~ods Conference Room

DATE OF PUBLIC HEARING: July 12.2010 TIME: 6:00 p.m.

LOCATION OF PUBLIC HEARING: WV Department ofEnvironmental Protection

Dolly Sods Conference Room

601 57th S....t. S.E.

Charleston. WV 25304 n

60I 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 ofthese comments.

July 12.2010 TIME: Close ofHearing

Kathv (..:01>_<:0. PuQ.licJnf9rmati9n Office

WV Depanment ofEnvironmental 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 ofHearing

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

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NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE

WEST VIRGINIA

SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

LEGISLATIVE

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WEST Do Not Mark In This Box 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 orEnvironmental Protection - Division orAir 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 ofEnvironmOl,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

ANYINTERESTEDPERSON MAYSEND COMMENTS CONCERNINGTHESE PROPOSED RULES. THIS

COMMENTPERIOD 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~-" Authorizedslgnature . /,.'

ATTACHA~SUMMARYO;Y~~b~el Executive Director

(304) 558·8814, eXl 53315 Char!...A.Sadlcr@wv.gov

1204 Kanawha BoUlevard E:tst

Charl..ton. WV 25301

Law EnforcementTraining Coordinator

Division QfCriminal Justice Services

Retired Captain Chuck Sadier

,~~-----_._ ... ". ....- ....•.. --------...;

. ..... Auth"rized)i~atur. ,,~ ',,:;.

Charl",,"'n, WV 25304

TIME: Close oCHearinG

Kathv Coseo. Public Information Office

WVDCpartment ofBnvlronJmn-t'iIPfotcction

601 57th Street, S.B.

, -J ",,- -::::-::"<:'" 'r. """,- .. ¢..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 ofthese comments.

ATrACH A:mYElSUMMARY Of YOUR PROPO~AL

COMMENTS LIMITED TO: ORAtO WRiTTENO BomQI]

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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~

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

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LEGISLATIVE

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June 8, 2010

t,i,~~~~~~\ L07T€~\~J:';;-O H\ IH~ 1:\! {d4 ',51,-(1=;00

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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 orWay 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 INTERESTEDPERSONMAY SENDCOMMENTSCONCERNINGTHESEPROPOSEDRULES. 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 ofHighways

Rldg. 5, Runm 164

1900 KlInawba Blvd.• E,

Chnrieston. WV 25305·0430

THE ISSUES TO BE HEARD SHALL BE

LIMITED TO THIS PROPOSED RULE.

"

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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 ABB.IEE SUMMARY OF YOUR PROPOSAL

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LEGISLATIVE

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.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

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

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TITLE NUMBER: 178

STATECAPITOL

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...: ng:.- _

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 INTERESTEDPERSON MAY SENDCOMMENTSCONCERNINGTHESE PROPOSEDRULES, THIS

COMMENTPERIOD 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. 20I0, 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 )

Cabinet 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,

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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

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NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE

WEST VIRGINIA Do Not Mark In This Box

SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

Form #2

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

" • - i P., ;2::':

LEGISLAllVE

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..... . .•. _.~ .__

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'fInformati2!1 ~~£l!:tten:rJJ~ T!!!!,,];l~em

~nd TheWe~1 'ljrginia J"Q!!!;J:L ..__ .__

West Virginia Racing CommiiSion

IN LIEU OF A PUBLIC HEARING, A COMMENT PERlOD HAS BEEN ESTABLISHED DURING WHICH

ANY INTERESTED PERSON MAYSENDCOMMENTS CONCERNINGTHESE 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 .. AT _J;QiLmn.......ONLYWRIHENCOMMENTSWILLBE

ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS:

..f,Q.fulLlQQ2.... ......__ ._..... , ( I ' r~ • Authorized Signature

ATrACH A JmIEESUMMARY OF YOUR PROPOSAL

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. Legal DiYiW..~ ..._......

~tU!IX Department

.. {;l!1II.le§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:l
LEGISLATIVE

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 MautIn 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 PROPOSEDI:..' _

--------------------------------------------~-

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.

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.. Virgil T. lIelton

Cahinet Secretary ofthe Department ofRevenue

THE ABOVE PROPOSED LEGISLATIVERULE HAVING GONETOAPUBLIC 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

ATI'ACH A BRIEF SUMMARY OF YOUR PROPOSAL

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WEST 00 Not Mark In This Box 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- Beqlljrrmmlt5 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 ofEn"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'

DATE WRITTEN COMMENT PERIOD ENDS: .;;,Ju"'ly:,..I.;;,9.:.;;2.;;,01.;;,0 _ TIME: Atend o[public hea;j

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,

ATfACH AJHY.EESUMMARY OF YOUR PROPOSAL

(:,~--

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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 ofHighways

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 orSate 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.

THEFACTSANDCIRCUMSTANCESCONSTITUTINGTHEEMEROENCYARE

AS FOLLOWS:

Sc••tIlIch<:d page.

Use additional sheets ifnecessary

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1.0

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.....
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

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'!;lte of \YCst Virg.inio

DEPARTMENT OF AGRICULTUR~;gJl

(;us R. J)ouJllal'i'<, Cnrnmhtsinncl" Janet L. Fbber

OC'put) Cummissioltd

June 2, 2010

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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 57th 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 ofthe 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 45CSR19, 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 45CSR16, 45CSR18, 45CSR25 and 45CSR34 will

also be submitted to EPA to fultill other federal obligations undcr the CAA, including

delcgations, plans and program approvals.

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For more information on an)' ofthe DAQ rules call 304-926-0475.

Division ofAir 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

45CSR16 - Standards of Perfoffilance for New Stationary Sources

45CSRI8 - Control of Air Pollution From Combustion of Solid Waste

45CSRI9 - Permits for Construction and Major Modification ofMajor 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

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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 ofthe

West Virginia Department ofAgriculture.

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

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Public Notice

2011 Proposed Rules 2UW JL;'\ -9 Pf! 3: 5~

The West Virginia Department ofEnvironmental 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 ofthe 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 ofAir Quality

45CSR8 - Ambient Air Quality Standards

45CSR14 - Permits for Construction aad Major Modification of M'\ior Stationary Sources of Air

Pollution for the Prevention ofSignificant 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 II, 2010 and end at the conclusion of the

public hearing on July 12. Upon authorization and promulgation ofrevisions 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 ofthe DAQ rules call 304-926-0475.

Division ofMining 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 ofthe DMR /'Illes caI/304-926-0490.

OTHER Division ofWater 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 ofthe 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 ofbiformatioll Act rules call 304-926-0499, ext. 1331

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ij 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

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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.

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Sonia 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 ofoutpatient 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' .,

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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 forthe 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

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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

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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 PCI") 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,

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VI
and 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 15th 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

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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

ADMINISTRATIVE LAW DIVISION OFFiCE Vvt~~;'rlid"~,;,"d\Ii,L;

Form #1

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Do Not Mark In This Box

ZOWJUN -9 Arci10: 39

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE

AGENCY: WV Department of Environmental Protection - Division of Air Quality TITLE NUMBER:

45

RULE TYPE: Legislative CITE AUTHORITY:

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__

TITLE OF RULE BEING AMENDED: A_m_b_ie_n_t A_l_·r...•ua_li •;.;Q ..;:ty_S_ta_n_da_rd_s _

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: _

TITLE OF RULE BEING PROPOSED: -..,..

DATE OF PUBLIC HEARING: J_ul~y_12..;,,_20_1_0 TIME: _....;6;.;.,;:0;..;..,;0,;;m,lO__,;;p...

LOCATION OF PUBLIC HEARING: _WV__ D_e_pa_rt_m_en_t_o_fE_n_v_iro_nm_e_nt_al_P_ro_te_ct_io_n _

Dolly Sods Conference Room

601 57th Street, S.E.

Charleston, WV 25304 n

COMMENTS LIMITED TO: ORALD WRITTENO BOTHI"X-I'

DATE WRITTEN COMMENT PERIOD ENDS: Ju..;:.ly_l....:,2,_20_1_0 _

WRITTEN COMMENTS MAY BE MAILED TO:

TIME: Close of Hearing

Kathy Cosco, Public Information Office

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 ofthese co~~\at\ve Ruts-MaKmg

WV Department of Environmental Protection

601 57th Street, S.E,

Charleston, WV 25304

The issues to be heard shall be limited to the proposed rule.

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL

JUIl-9 2010 ~

.• ~>~~,

Review Cornm\ttee Auth~ed S~t
June 9, 2010

Ms. Diana Esher, Director

Air Protection Division

USEPA Region III

1650 Arch Street (3AP00)

Philadelphia, PA 19103-2029

RE: Proposed Air Quality Rules for 2011 Legislative Session

Dear Ms. Esher:

Enclosed is a notice of public comment period and public hearings, and a copy of seven (7)

proposed air quality rules: 45CSR8, 45CSR14, 45CSR16, 45CSR18, 45CSR19, 45CSR25 and

45CSR34 for the West Virginia Department of Environmental Protection, Division of Air Quality

(DAQ). Once these rules have been authorized and promulgated by the West Virginia Legislature,

the DAQ is proposing to adopt them in the Spring of 2011.

Please note the DAQ will accept written comments on the proposed rules up to and including

July 12, 2010. In addition, the agency will receive oral comments at a public hearing to be held on

July 12, 2010, beginning at 6:00 p.m.

The attached public notice describes which rules the agency is proposing and what action the

DAQ intends to request of the U.S. Environmental Protection Agency upon the authorization and

promulgation of the rules in the Spring of 2011.

Please submit any written comments to my attention at the above address, or feel free to call me

with any questions regarding this matter at (304) 926-0462.

Sincerely,

John A. Benedict

Director

JAB/jlm

Enclosures

west virginia department of environmental protection

Joe Manchin III, Governor

Randy C. Huffman, Cabinet Secretary

www.dep.wv.gov

Division of Air Quality

601 57 Street SE

th

Charleston, WV 25304

Phone 304/926-0475 • FAX: 304/926-0479

Promoting a healthy environment.
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 57th Street S.E., 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/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 Modification of Major Stationary Sources of Air 

Pollution for the Prevention of Significant Deterioration 

45CSR16 – Standards of Performance for New Stationary Sources 

45CSR18 – Control 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 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, 45CSR14 and 45CSR19, the DAQ will submit the rules to the U.S. 

Environmental Protection Agency (EPA) as revisions to 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 information on any of the DAQ rules call 304-926-0475. 
1

ENVIRONMENTAL PROTECTION ADVISORY COUNCIL

MEETING MINUTES

June 3, 2010

I. CALL TO ORDER

Kristin 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 57th Street Southeast, Charleston, West Virginia. Agendas were 

distributed.

II. ROLL CALL

Members present: Lisa Dooley, Jackie Hallinan, Larry Harris, Karen Price, Bill 

Raney, and Rick Roberts. 

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 

Sturey, 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.

Also in attendance were: Don Garvin of the Ohio Valley Environmental Coalition; 

Katherine Crockett and Emily Moy of Spilman Thomas & Battle; and Lewis Baker of 

the West Virginia Rural Water Association.

III. OLD BUSINESS

Minutes of the May 27, 2010 Meeting. The minutes were emailed and provided to

Council in hard copy. Ms. Dooley moved for approval of the minutes, Mr. Raney

seconded the motion, and it was carried by acclamation of Council.

IV. PROPOSED 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 of 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 monitoring 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 NO2 standard at a level of 100 parts 

per billion, based on the three-year average of the 98th percentile of the yearly 

distribution of one-hour daily maximum concentrations, to supplement the existing 

primary annual standard of 53 parts per million. This new NO2 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 the 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 reconsidering 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 excluded). 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 

amendments 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 

existing 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 

accuracy 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 affected 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 from 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 June 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 Refineries 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 Manufacturing; 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 federal 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 States 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 2010 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 radon, which 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 

documentation 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 technically 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. Promulgated last in the 2008 Session 

Revisions 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 ground vibration standards of the 

rule.

V. COMMENTS FROM COUNCIL

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 State 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 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 “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 amended 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, Dr. 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; there 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 asked 

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 

how 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. COMMENTS FROM THE PUBLIC

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. ADJOURNMENT

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 ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

BRIEFING DOCUMENT

Rule Title: 45CSR8 - “Ambient Air Quality Standards”

A. AUTHORITY: W.Va. Code §22-5-4

B. SUMMARY OF RULE:

The purpose of this rule is to establish and adopt ambient air quality standards in

West Virginia for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen

dioxide and lead, equivalent to the national primary and secondary ambient air quality

standards (NAAQS) established under Section 109 of the Clean Air Act, and promulgated

by the United States Environmental Protection Agency under 40 CFR Part 50. National

primary ambient air quality standards define levels of air quality which the Administrator of

the U.S. EPA 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 Administrator of the U.S. EPA 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

equivalent methods promulgated by the United States Environmental Protection Agency

under 40 CFR Part 53. These reference methods are used to demonstrate attainment (or nonattainment) of the NAAQS.

The standards and methods under 40 CFR Parts 50 and 53 are subject to revision, and

additional primary and secondary standards may be promulgated as the Administrator of the

U.S. EPA deems necessary to protect the public health and welfare. Such promulgated

revisions are incorporated by reference under this rule.

C. STATEMENT OF CIRCUMSTANCES WHICH REQUIRE RULE:

In accordance with Section 109 of the Clean Air Act (CAA), U.S. EPA has

promulgated air quality criteria and NAAQS for sulfur oxides, particulate matter, carbon

monoxide, ozone, nitrogen dioxide and lead. 45CSR8 will meet the requirements for State

Implementation Plans under Section 110 of the CAA through the NAAQS for sulfur oxides,

particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead incorporated by
Briefing Document

45CSR8

Page 2

reference in this rule. Revisions to the rule provide for incorporation by reference of the

NAAQS as promulgated by the U.S. EPA, rather than reiterating the NAAQS in the rule. 

Additionally, the U.S. EPA has revised the primary nitrogen dioxide NAAQS, and 45CSR8

incorporates by reference these revised standards. In accordance with Section 110(a)(2)(H)

of the CAA, the DAQ will submit final rule 45CSR8 as a revision to the State

Implementation Plan.

D. FEDERAL COUNTERPART REGULATIONS - INCORPORATION BY

REFERENCE/DETERMINATION OF STRINGENCY:

A federal counterpart to this proposed rule exists. Because proposed revisions make

the rule conform to the federal counterpart rule, no determination of stringency is required.

E. CONSTITUTIONAL TAKINGS DETERMINATION:

In accordance with §22-1A-1 and 3(c,)the Secretaryhas determined that this rule will

not result in taking of private property within the meaning of the Constitutions of West

Virginia and the United States of America.

F. CONSULTATION WITH THE ENVIRONMENTAL PROTECTION

ADVISORY COUNCIL:

At its June 3, 2010 meeting, the Environmental Protection Advisory Council

reviewed and discussed this rule. (See attached minutes for Council’s discussion).