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West Virginia Department of Environmental Protection 2016 Rules Update

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In an unusual turn of events, the West Virginia Department of Environmental Protection’s (“WVDEP”) rules package for the 2016 legislative session did not gain legislative approval during the 2016 regular session.  Instead, the rules were added to the Governor’s call for the special session held earlier this month.

During the special session, the issue that had become the subject of unresolved debate during the regular session – federal regulation and enforcement of wood stoves – was handled through a separate bill from the WVDEP “rules bundle.”  Both the rules bundle, HB 117, and the separate air rules related to wood stoves, HB 118, were passed on June 2, 2016. 

Because of the unusual outcome of the WVDEP’s rules passing after the end of the regular session, final filing by the WVDEP with the Secretary of State is in process.  According to the June 17 and 24, 2016 State Registers, the following WVDEP rules have been final filed:

Standards of Performance for New Stationary Sources, 45 CSR 16:  Effective July 1, 2016

Control of Air Pollution from Combustion of Solid Waste, 45 CSR 18:  Effective July 1, 2016

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities, 45 CSR 25:  Effective July 1, 2016

Emissions Standards for Hazardous Air Pollutants, 45 CSR 34:  Effective July 1, 2016

Control of Annual Nitrogen Oxides Emissions, 45 CSR 39:  Effective July 1, 2016

Control of Ozone Seasonal Nitrogen Oxides Emissions, 45 CSR 40:   Effective July 1, 2016

Control of Annual Sulfur Dioxide Emissions, 45 CSR 41:  Effective July 1, 2016

WV Surface Mining Reclamation, 38 CSR 2:  Effective July 1, 2016

Horizontal Well Development, 35 CSR 8:  Effective July 9, 2016

Requirements Governing Water Quality Standards, 47 CSR 2:  Effective July 8, 2016

Administrative Proceedings and Civil Penalty Assessment, 47 CSR 30B:  Effective July 1, 2016

According to the July 1, 2016, State Register, the WVDEP’s three above-ground storage tank rules were final filed on June 27, 2016, and the effective dates for those rules are as follows:

Aboveground Storage Tank, 47 CSR 63:  Effective August 1, 2016

Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment, 47 CSR 64:   Effective August 1, 2016

Aboveground Storage Tank Fee Assessments, 47 CSR 65:  Effective August 1, 2016 2016

For further information on these rules, contact Armando Benincasa at armando.benincasa@steptoe-johnson.com.  Also, copies of the rules can be found at https://apps.sos.wv.gov/adlaw/csr/.

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