WV Department of Environmental Protection Announces Rule Proposals for 2010

Below is an excellent summary, by division, of the rules DEP plans to propose for the 2012 Legislative session. This was prepared by Kristin Boggs, general counsel for the DEP.

Division of Air Quality

45 CSR 8 – Ambient Air Quality Standards – Annual incorporation by reference amendments to the NAAQS, including Primary National Ambient Air Quality standard for sulfur dioxide.

45 CSR 14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration – Revisions to the rule incorporate changes to the federal counterpart, "Prevention of Significant Deterioration for Particulate Matter Less Than 2.5 Micrometers – Increments, Significant Impact Levels and Significant Monitoring Concentration."

45 CSR 16 – Standards of Performance for New Stationary Sources – Annual incorporation by reference amendments to the NSPS.

45 CSR 18 – Combustion of Solid Waste – The revised rule incorporates by reference the amended Standards of Performance for New Commercial and Industrial Solid Waste Incineration Units and sets forth emission guidelines for existing commercial and industrial solid waste incineration units.

45 CSR 19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment – Revisions to the rule include new significant impact levels promulgated by EPA.

45 CSR 25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities – Revisions to the rule include annual incorporation-by-reference updates.

45 CSR 30 – Requirements for Operating Permits – Revisions to the rule implement the provisions of EPA’s final Greenhouse Gas Tailoring Rule. Language is added that is intended to rescind elements of the Tailoring Rule if a court, Congress, EPA or the President finds that GHGs are not subject to regulation. In order to effect the provisions of the Tailoring Rule as soon as practicable, and in accordance with EPA-mandated timelines, West Virginia has adopted this rule as an emergency rule.

45 CSR 34 – Emission Standards for Hazardous Air Pollutants – Annual incorporation-by-reference revisions to the Hazardous Air Pollutant rule.

45 CSR 35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) – This revised rule incorporates by reference the following provisions of 40 CFR 93: Revisions to the General Conformity Regulations.

45 CSR 42 – Greenhouse Gas Emissions Inventory Program – DAQ is proposing to repeal this rule because on October 30, 2009, EPA promulgated standardized greenhouse reporting requirements, "Mandatory Reporting of Greenhouse Gases." Because 45 CSR 42 was promulgated before the EPA finalized its mandatory greenhouse gas reporting requirements, and the rule’s approach to greenhouse gas reporting was significantly different from EPA’s final approach, the DAQ has determined that sources subject to EPA’s Mandatory Reporting of Greenhouse Gases shall not be also subject to the differing requirements of this State rule. To further eliminate this conflict, the DEP will take steps to amend W. Va. Code § 22-5-19, which authorizes the Secretary to propose legislative rules establishing a Greenhouse Gas Inventory Program. Such amendment to the Code will provide for the Cabinet Secretary to allow reporting under EPA’s Mandatory Reporting of Greenhouse Gases to satisfy greenhouse gas reporting requirements in West Virginia.

　

Division of Water & Waste Management

33 CSR 1 – Solid Waste Management Rule – Revisions to this rule are to add the definition of "covered electronic devices" to the list of defined terms and to add covered electronic devices as an unacceptable waste banned from disposal in the State’s landfills. This revision is necessary due to the passage of Senate Bill 298 on March 12, 2010, which amended and reenacted W. Va. Code § 22-15A-25 to ban certain electronic devices from landfill disposal.

33 CSR 20 – Hazardous Waste Management Rule – Revisions to the rule include annual incorporation-by-reference updates from the federal counterpart. Further, DWWM proposes to amend the rule to reflect that the authority it previously transferred to the Division of Highways to regulate hazardous waste on the highways has been transferred by statute to the Public Service Commission when the Weights & Measures Section was transferred from the DOH to the PSC.

Division of Land Restoration

60 CSR 3 – Voluntary Remediation and Redevelopment Rule – This rule is being revised to update the de minimus clean-up standards. This change is necessary, because the toxicological profiles for many chemicals in the federal IRIS database have been revised, which necessitates changes to the de minimus table.