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West Virginia Department of Environmental Protection 2016 Rules Update

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. more

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
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About this Author

Armando Benincasa, Attorney, Energy, Environmental, Steptoe & Johnson Law Firm
Member

Armando Benincasa concentrates his practice in the areas of energy law, environmental law, environmental litigation, administrative law, government affairs and lobbying. His practice consists of cases involving permitting and regulatory requirements for natural resources, including coal and oil and gas, solid waste, water resources, underground storage tanks, voluntary remediation, and the drafting of rules and statutes related to the environment.  He has extensive experience in governmental matters, as well as in representing energy companies before state agencies and the West...

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