WVEC Action Alert

July 6, 2008

Speak Out Against Pollution
2009 DEP Rules Open for Public Comment

The West Virginia Department of Environmental Protection has published its proposed legislative rules for 2009, and has announced the public comment periods and public hearing dates for each of the proposed rules.

DEP has proposed 20 new or modified legislative rules this year. There are both minor and significant changes in some of these rules.  DEP rules play a critical role in environmental regulation in West Virginia.  Generally, these rules set out how the agency regulates activities that affect various aspects of the environment.  Specifically, the rules determine pollution limits for air and water quality, and detailed regulations for industries such as coal mining and oil and gas production.

The DEP has scheduled official comment periods and public hearings for these 2009 proposed legislative rules. When finalized, DEP will submit the rules to the Legislature for consideration in the 2009 legislative session.

So this is your first chance to weigh in by submitting written comments or attending the public hearings.. The public hearings will be held at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304.  Written comments may be submitted to the Public Information Office at the same address.  Comments may also be e-mailed to comments@wvdep.org.

Copies of the rules and other rule documents are available from the Secretary of State’s office or from the agency at www.wvdep.org/2009rules beginning Tuesday, July 8.  You may also obtain hardcopies of the information by calling the phone numbers listed below.

WVEC members are already analyzing these proposed rules and we will soon be sending out specific action alerts to assist you in making your comments.  If you have any questions about these rules, please contact Don Garvin, WVEC Legislative Coordinator, by email at DSGJr@aol.com.

Listed below are the hearing dates, locations and comment deadlines for each of the rules:

Secretary’s Office

60CSR3 – Voluntary Remediation and Redevelopment Rule -- The public hearing will take place at 6 p.m. on August 4, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information call 304-926-0455.

Division of Air Quality

45CSR1 – Control & Reduction of Nitrogen Oxides from Non-Electric Generating Units as a Means to Mitigate Transport of Ozone Precursors

45CSR8 – Ambient Air Quality Standards

45CSR13 – Permits for Construction, Modification, Relocation and Operation of Stationary Sources…(minor source permits) 

45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration

45CSR16 – Standards of Performance for New Stationary Sources

45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities

45CSR26 – NOx Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units

45CSR34 – Emission Standards for Hazardous Air Pollutants

45CSR37 – Mercury Budget Trading Program to Reduce Mercury Emissions

The public hearing for all air quality rules will take place at 6 p.m. on Aug. 11 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. Upon authorization and promulgation of revisions to 45CSR8, 45CSR13 and 45CSR14, the DAQ will submit the rules to the U.S. Environmental Protection Agency (EPA) as revisions to the State Implementation Plan pursuant to the federal Clean Air Act (CAA). Rules 45CSR16, 45CSR25 and 45CSR34 will also be submitted to EPA to fulfill other federal obligations under the CAA, including delegations, plans and program approvals. Rules 45CSR1, 45CSR26 and 45CSR37 are proposed to be repealed. For more information on any of the DAQ rules call 304-926-0475.

Division of Mining and Reclamation

38CSR2 – WV Surface Mining Reclamation Rule -- The public hearing will take place at 6 p.m. on August 12, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR30 – WV/NPDES Rules for Coal Mining Facilities -- The public hearing will take place at 6:30 p.m. on August 12, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

For more information on any of the DMR rules call 304-926-0490.

Division of Water and Waste Management

33CSR20 – Hazardous Waste Management System -- The public hearing will take place at 7 p.m. on August 12, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

33CSR 24 – Hazardous Waste Management Fee -- The public hearing will take place at 7:30 p.m. on August 12, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR32 – Regulations Governing Environmental Laboratories Certification and

Standards of Performance -- The public hearing will take place at 6 p.m. on August 14, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

33CSR22 – Assessment of Civil and Administrative Penalties (Hazardous and Solid Waste) -- The public hearing will take place at 6:30 p.m. on August 14, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR56 – Assessment of Civil and Administrative Penalties (Groundwater) -- The public hearing will take place at 7 p.m. on August 14, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR34 – Dam Safety -- The public hearing will take place at 7:30 p.m. on August 14, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR2 – Requirements Governing Water Quality Standards -- The public hearing will take place at 6 p.m. on August 18, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

47CSR 31 – State Water Pollution Control Revolving Fund Program -- The public hearing will take place at 7 p.m. on August 18, 2008 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

For more information on any of the Water and Waste Management Rules call 304-926-0495.