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HB 2233

Authorizing the Department of Environmental Protection to promulgate legislative rules

2025 Regular Session Introduced by Doug Smith

HB 2233 empowers West Virginia's DEP to set and amend environmental rules, improving air and water quality standards and enhancing public health protections.

Chapter 168, Acts, Regular Session, 2025
#legislature--rulemaking
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Bill Summary · HB 2233

Summary of House Bill 2233

Bill Overview

  • Bill Number: HB 2233
  • Title: Authorizing the Department of Environmental Protection to promulgate legislative rules
  • Status: Chapter 168, Acts, Regular Session, 2025
  • Introduced: January 29, 2025
  • Classification: Bill
  • Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2233 aims to grant the West Virginia Department of Environmental Protection (DEP) the authority to promulgate various legislative rules concerning environmental standards and regulations. The bill seeks to enhance the state's ability to manage environmental issues effectively by updating and authorizing specific rules related to air and water quality, hazardous waste management, and pollution control.

Key Provisions

The bill includes several significant provisions that authorize the DEP to:
1. Promulgate Rules: Establish rules related to:
- Hazardous waste management systems
- Ambient air quality standards
- Standards of performance for new stationary sources
- Control of air pollution from hazardous waste treatment, storage, and disposal facilities
- Emission standards for hazardous air pollutants
- Water quality standards
- Underground injection control
- Water pollution control permit fee schedules
- Amendments to the National Pollutant Discharge Elimination System (NPDES) Program

  1. Amend Existing Rules: Direct the DEP to amend current legislative rules to align with the new provisions and standards set forth in the bill.

  2. Public Participation: Introduce a process for public comment and hearings regarding the removal of certain water use designations, ensuring transparency and community involvement in environmental decision-making.

  3. Specific Amendments: Include detailed amendments to existing rules, such as:

    • New criteria for the removal of certain water use designations based on public water supply capacity.
    • Adjustments to fecal coliform levels for the Ohio River during non-recreational seasons.

Impact

The enactment of HB 2233 will primarily affect:
- Environmental Agencies: The DEP will gain enhanced regulatory authority to implement and enforce environmental standards.
- Industries: Facilities involved in hazardous waste management, air pollution control, and water quality management will need to comply with the new and updated rules.
- Public Health: Improved environmental regulations are expected to lead to better air and water quality, positively impacting public health and safety.

Procedural Timeline

  • January 29, 2025: Bill filed with the Clerk.
  • February 12, 2025: Introduced and referred to the Committee on Energy and Public Works.
  • March 6, 2025: Originated in the Committee on Energy and Public Works.
  • April 25, 2025: Approved by the Governor.
  • May 31, 2025: Final legislative action completed, becoming Chapter 168.

Conclusion

House Bill 2233 represents a significant step in strengthening West Virginia's environmental regulatory framework. By empowering the DEP to establish and amend critical environmental rules, the bill aims to enhance the state's capacity to protect public health and the environment effectively.

Compiled from official sources — confirm details with the bill’s official record.

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