Environmental Rules to be Considered by LRRC

Tom Boggs of the WV Chamber of Commerce passed along the following regarding environmental rules that will be taken up by the Legislative Rule-Making Review Committee (LRRC) tomorrow. For those unfamiliar with the West Virginia rulemaking process, an explanation follows Tom's notice:

The Joint Legislative Rule-Making Review Committee will meet on Tuesday, February 10, (9:00 am - 11:00 am) in the Senate Judiciary Committee Room. The agenda is attached. This meeting is expected to be the Committee's last before the start of this year's regular legislative session. Four WVDEP rules being considered.
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45CSR1 Office of Air Quality

This rule contains ozone season Nox reduction requirements which apply to large fossil fuel-fired industrial boilers with heat inputs greater than 250mmBtu/hr. 45CSR1 also contains ozone season Nox reductin requirements for certain large cement kilns and internal combustion engines.

45CSR26 Office of Air Quality

This rule contains NOx reduction requirements which apply to electric generating units which have and electric generating capacity greater than 250 megawatts

38CSR2 Mining and Reclamation

This rule establishes general and specific rules for permit application requirements and contents; haulageways or access roads; drainage and sediment control systems; blasting; premining and postmining land use; fish and wildlife considerations; revegetation; prime farmlands; insurance and bonding; replacement, release, and forfeiture of bonds; requirements of notice of intent to prospect; performance standards; performance standards applicable to underground mining operations; subsidence control; small operator assistance program; citizen's actions; designation of areas unsuitable for mining; inspection and enforcement; Surface Mine Board; and Coal Refuse

47CSR30 Water Resources

This rule sets the requirements implementing the powers, duties, and responsibilities of the WV Code §22-11-1 with respect to all coal mines, preparation plants and all refuse and waste there from in the State

The Committee will also deal review and act on a rule under the Economic Development Office, 145CSR11, Brownfield Economic Development Districts.

Almost all rules, and all environmental rules, that are proposed in West Virginia have to be approved by the Legislature. Most of those rules are reviewed by the LRRC before they are sent on to the Legislature, where they are bundled and voted on in omnibus rules. The rulemaking process in West Virginia is rather convoluted, and at some point will be the subject of a blog entry. for the time being, if you're interested in the process, check WV Code Chapter 29A, Article 3