CHARLESTON -- During the November 18thInterim meetings,  the Legislature's Rulemaking-Review Committee (LRRC)   considered the proposed comprehensive rule to implement Senate Bill 423, the state's (revised) Aboveground Storage Tank Act. The rule, 47 CSR  63, was heavily modified by the agency in response to concerns raised by the Legislature. An inclusive copy of the rule as it will appear after the legislative modifications will be provided once it is available from the committee. With respect to the coal industry-specific concern regarding the default categorization of water treatment tanks as "Level One" tanks under the rule, the Committee specifically-instructed the agency to work with the Association to develop mutually-agreeable language that would classify water treatment tanks as level two tanks, to be as offered to an amendment when the rule is considered by the full Legislature in 2016.

·        On Sunday, the LRRC considered the Surface Coal Mining Rule (38 CSR), which contains revisions to the inactive status and contemporaneous reclamation section provisions of the rule as mandated by the passage of Senate Bill (SB) 357 last year.  The rule was passed from the committee by unanimous vote and will now proceed to consideration by the full Legislature in 2016.  Also on Sunday, the LRRC unanimously approved the coal mining NPDES penalty rule, 47 CSR 30B,  that was also required by SB 357.   

·        The state's water quality standards rule, 47 CSR, which contains the revisions to the selenium and aluminum criteria previously offered as an emergency rule were also considered by LRRC on Sunday.  Attempts to delay the rule's adoption and/or remove the proposed hardness-based aluminum criteria from the package were rejected by a wide margin of the Committee and it will now go to the full Legislature for final consideration during the 2016 Regular Session