2005 West Virginia Code - §64-3-1. — Division of Environmental Protection.
(a) The legislative rule filed in the state register on the twenty-second day of March, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (Nox Budget Trading Program as a means of the control and reduction of nitrogen oxides from non-electric generating units as a means to mitigate the transport of ozone precursors, 45 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants pursuant to 40 CFR Part 61, 45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources pursuant to 40 CFR Part 60, 45 CSR 16), is authorized.
(d) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (acid rain provisions and permits, 45 CSR 33), is authorized.
(e) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized.
(f) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (Mercury Budget Trading Program to reduce mercury emissions, 45 CSR 37), is authorized.
(g) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (control of annual nitrogen oxide emissions to mitigate interstate transport of fine particulate matter and nitrogen oxides, 45 CSR 39), is authorized.
(h) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (control of ozone season nitrogen oxide emissions to mitigate interstate transport of ozone and nitrogen oxides, 45 CSR 40), is authorized.
(i) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (control of annual sulfur dioxide emissions to mitigate interstate transport of fine particulate matter and sulfur dioxides, 45 CSR 41), is authorized.
(j) The legislative rule filed in the state register on the second day of November, two thousand five, authorized under the authority of section four, article three, chapter twenty-two, of this code, relating to the Department of Environmental Protection (West Virginia surface mining reclamation, 38 CSR 2), is authorized, with the following amendments:
On page seventy-one, section two, paragraph §38-2.7.2.e.1, after line five, by inserting a new paragraph, designated §38-2.7.2.e.1, to read as follows:
§38-2.7.2.e.1. Bio-oil Cropland. Agricultural production of renewable energy crops through long-term intensive cultivation of close-growing commercial biological oil species (such as soybeans, rapeseed or canola) for harvest and ultimate production of bio-fuels as an alternative to petroleum based fuels and other valuable products;
On page seventy-one, section two, paragraph §38-2.7.3.d, after §38-2.7.3.c, by inserting a new paragraph, designated §38-2.7.3.d, to read as follows:
§38-2.7.3.d. A change in postmining land use to bio-oil cropland constitutes an equal or better use of the affected land, as compared with pre-mining use for purposes of W.Va. Code §22-3-13(c) in the determination of variances of approximate original contour for mountaintop removal operations subject to §38-2-7.8 of this rule;
On page one hundred two, after §38-2-7.7.f.3, by inserting a new subsection, designated §38-2-7.8, to read as follows:
7.8. Bio-oil Crop Land.
7.8.1. Criteria for Approving Bio-oil Cropland Postmining Land Use.
7.8.1.a. An alternative postmining land use for bio-oil cropland may be approved by the secretary after consultation with the landowner and/or land management agency having jurisdiction over state or federal lands: Provided, That the following conditions have been met.
7.8.1.a.1. There is a reasonable likelihood for the achievement of bio-oil crop production (such as soybeans, rapeseed or canola) as witnessed by a contract between the landowner and a commercially viable individual or entity, binding the parties to the production of bio-oil crops for a measurement period of at least two years after the competition of all restoration activity within the permitted boundaries;
7.8.1.a.2. The bio-oil crop reclamation plan is reviewed and approved by an agronomist employed by the West Virginia Department of Agriculture. The applicants shall pay for any review under this section;
7.8.1.a.3. The use does not present any actual or probable hazard to the public health or safety or threat of water diminution or pollution;
7.8.1.a.4. Bio-oil crop production is not:
7.8.1.a.4.A. Impractical or unreasonable;
7.8.1.a.4.B. Inconsistent with applicable land use policies or plans;
7.8.1.a.4.C. Going to involve unreasonable delays in implementation; or
7.8.1.a.4.D. In violation of any applicable law.
7.8.2. Soil reconstruction specifications for bio-oil crop postmining land use shall be established by the W.Va. Department of Agriculture in consultation with the U.S. Natural Resources Conservation Service and based upon the standards of the National Cooperative Soil Survey and shall include, at a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that constructed soils will have the capability of achieving levels of yield equal to, or higher than, those required for the production of commercial seed oils species (such as soybeans, rapeseed or canola) and meets the requirement of 14.3 of this rule.
7.8.3. Bond Release.
7.8.3.a. Phase I bond release shall not be approved until W.Va. Department of Agriculture certifies and the secretary finds that the soil meets the criteria established in this rule and has been placed in accordance with this rule. The applicants shall pay for any review under this section.
7.8.3.b. The secretary may authorize in consultation with the W.Va. Department of Agriculture, the Phase III bond release only after the applicant affirmatively demonstrates, and the secretary finds, that the reclaimed land can support bio-oil production; and there is a binding contract for production which meets the requirements of subdivision 7.8.1.a of this rule; and the requirements of paragraph 9.3.f.2 of this rule are met. The applicant shall pay for any review under this section.
7.8.3.c. Once final bond release is authorized, the permittee's responsibility for implementing the bio-oil cropland reclamation plan shall cease.
(k) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand five, authorized under the authority of section four, article twenty-one, chapter twenty-two, of this code, relating to the Department of Environmental Protection (coalbed methane wells, 35 CSR 3), is authorized.
(l) The legislative rule filed in the state register on the nineteenth day of July, two thousand five, authorized under the authority of section five, article fifteen, chapter twenty-two, of this code, relating to the Department of Environmental Protection (solid waste management, 33 CSR 1), is authorized.
(m) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article eighteen, chapter twenty-two, of this code, relating to the Department of Environmental Protection (hazardous waste management, 33 CSR 20), is authorized.
(n) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven-b, article eleven, chapter twenty-two, of this code, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized.
(o) The legislative rule filed in the state register on the twenty-sixth day of October, two thousand five, authorized under the authority of section nine, article twenty-eight, chapter twenty-two, of this code, relating to the Department of Environmental Protection (Community Infrastructure Investment Program, 47 CSR 61), is authorized.
(p) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of November, two thousand five, relating to the Department of Environmental Protection (to prevent and control air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized.
(q) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article twenty-five, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of January, two thousand six, relating to the Department of Environmental Protection (Environmental Excellence Program, 60 CSR 8), is authorized.
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