2015 West Virginia Code
CHAPTER 64. LEGISLATIVE RULES
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.

(a) The legislative rule filed in the State Register on July 23, 2014, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality, 45 CSR 14 ), is authorized.

(b) The legislative rule filed in the State Register on July 23, 2014, 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, 45 CSR 16 ), is authorized.

(c) The legislative rule filed in the State Register on July 23, 2014, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25 ), is authorized.

(d) The legislative rule filed in the State Register on July 23, 2014, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (requirements for operating permits, 45 CSR 30 ), is authorized.

(e) The legislative rule filed in the State Register on July 25, 2014, 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, 45 CSR 34 ), is authorized.

(f) The legislative rule filed in the State Register on July 29, 2014, authorized under the authority of section four, article thirteen, chapter twenty of this code, relating to the Department of Environmental Protection (awarding of WV Stream Partners Program Grants, 60 CSR 4 ), is authorized with the amendment set forth below:

On page two, subsection 4.2, line twenty-two, following the words "furnished by", by striking out the words "watershed association" and inserting in lieu thereof the word "organization";

On page two, subsection 4.2, line twenty-five, following the words "in which the", by striking out the word "entity" and inserting in lieu thereof the word "organization";

On page three, subdivision 5.2.f, line sixteen, following the words "expenses for", by striking out the words "watershed association" and inserting in lieu thereof the word "organization";

And,

On page three, subdivision 5.2.g, line seventeen, following the words "support the", by striking out the words "watershed association's" and inserting in lieu thereof the word "organization's".

(g) The legislative rule filed in the State Register on July 30, 2014, 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 system, 33 CSR 20 ), is authorized.

(h) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section four, 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.; Provided; that the Secretary of the Department of Environmental Protection shall consider, for the 2017 triennial review, potential alternative applications for the Category A drinking water use designation to the waters of the state, taking into consideration stream flow, depth, and distance to a public water intake.

(i) The legislative rule filed in the State Register on July 28, 2014, authorized under the authority of section three, article one, chapter twenty-two, of this code, relating to the Department of Environmental Protection (WV/NPDES rule for coal mining facilities, 47 CSR 30 ), is authorized

(j) The legislative rule filed in the State Register on August 12, 2014, authorized under the authority of section eight, article fifteen, 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 October 22, 2014, relating to the Department of Environmental Protection (waste management, 33 CSR 1 ), is authorized with the following amendments:

On page 145, by adding the following new subparagraph:

5.6.b.3.C. Any facility permitted to accept drilling wastes that does not transfer leachate off-site for additional treatment, must sample and analyze the output fluid from on-site leachate treatment systems to include the sampling parameters in Appendix V of this rule on a quarterly basis;

And,

On page 176, by adding two compounds, toluene and xylene, to Appendix V.