Plain English Breakdown
The plain English breakdown is still being put together. The official documents below are already here.
SB256 • 2026
Authorizing DEP to promulgate legislative rules
Authorizing DEP to promulgate legislative rules
Small Business
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: SB256 HFA Hansen et al.
- SB256 HFA Hansen et al.
- 2-19 revised Altizer – 3259 Delegates Hansen, Hornbuckle, Fluharty, Hamilton, Garcia, Lewis, Pushkin, Williams and Young move to amend Com Sub for SB256 on page 3, Section 1, line 33, by striking out the word ‘amendment’ and inserting in lieu thereof the word ‘amendments’; And, On page 3, Section 1, line 35, by striking out the period, inserting a semi-colon and the following: 'And, On Page 46 of the rule, in subdivision 8.27, by striking out the first number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems ’ and by striking the second number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems; And, On page 47 of the rule, subdivision 8.27.2, in two locations where the number '15.8' is listed, by striking out the number and inserting in lieu thereof '15.1'; And, On Page 52 of the rule, at the end of footnote f, by adding the following: ‘ Chronic water column values are 30-day average concentrations not to be exceeded more than once every three years on the average.
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- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: SB256 HFA Hansen et al.
- SB256 HFA Hansen et al.
- 2-19 revised Altizer – 3259 Delegates Hansen, Hornbuckle, Fluharty, Hamilton, Garcia, Lewis, Pushkin, Williams and Young move to amend Com Sub for SB256 on page 3, Section 1, line 33, by striking out the word ‘amendment’ and inserting in lieu thereof the word ‘amendments’; And, On page 3, Section 1, line 35, by striking out the period, inserting a semi-colon and the following: 'And, On Page 46 of the rule, in subdivision 8.27, by striking out the first number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems ’ and by striking the second number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems; And, On page 47 of the rule, subdivision 8.27.2, in two locations where the number '15.8' is listed, by striking out the number and inserting in lieu thereof '15.1'; And, On Page 52 of the rule, at the end of footnote f, by adding the following: ‘ Chronic water column values are 30-day average concentrations not to be exceeded more than once every three years on the average.
- ’”
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: SB256 HFA Hansen et al.
- SB256 HFA Hansen et al.
- 2-19 Altizer – 3259 Delegates Hansen, Hornbuckle, Fluharty, Hamilton, Garcia, Lewis, Pushkin, Williams and Young move to amend Com Sub for SB256 on page 3, Section 1, line 33, by striking out the word ‘amendment’ and inserting in lieu thereof the word ‘amendments’; And, On page 3, Section 1, line 35, by striking out the period, inserting a semi-colon and the following: 'And, On Page 46 of the rule, in subdivision 8.27, by striking out the first number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems ’ and by striking the second number ‘5’ and inserting in lieu thereof ‘ 1.5 in lentic aquatic systems and 3.1 in lotic aquatic systems’; And, On Page 52 of the rule, at the end of footnote f, by adding the following: ‘ Chronic water column values are 30-day average concentrations not to be exceeded more than once every three years on the average.
- ’”
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- of the Code of West Virginia, 1931, as amended, relating to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution rule to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to carbon dioxide sequestration fee schedule.” Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- of the Code of West Virginia, 1931, as amended, relating to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution rule to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to carbon dioxide sequestration fee schedule.” Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- SB256 HFAT Anderson 2-20 Akers 3254 Delegate Anderson moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A BILL to amend and reenact §64-3-1 et seq.
- of the Code of West Virginia, 1931, as amended, relating to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution rule to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to carbon dioxide sequestration fee schedule.” Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Bill History
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2026-03-02
S
Approved by Governor 3/2/2026
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2026-03-02
H
Approved by Governor 3/2/2026 - House Journal
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2026-02-24
H
To Governor 2/24/2026 - House Journal
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2026-02-24
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To Governor 2/24/2026
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2026-02-24
H
House received Senate message
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2026-02-23
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Completed legislative action
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2026-02-23
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Communicated to House
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2026-02-23
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Effective from passage (Roll No. 205)
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2026-02-23
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Senate concurred in House amendments and passed bill (Roll No. 204)
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2026-02-23
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House Message received
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2026-02-20
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Communicated to Senate
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2026-02-20
H
Effective from passage (Roll No. 138)
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2026-02-20
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Title amendment adopted (Voice vote)
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2026-02-20
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Passed House (Roll No. 137)
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2026-02-20
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Read 3rd time
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2026-02-20
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On 3rd reading, Special Calendar
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2026-02-19
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Amendment rejected (Voice vote)
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2026-02-19
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Amendment reported by the Clerk
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2026-02-19
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Committee amendment adopted (Voice vote)
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2026-02-19
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Amendment reported by the Clerk
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2026-02-19
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Read 2nd time
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2026-02-19
H
On 2nd reading, Special Calendar
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2026-02-18
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Read 1st time
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2026-02-18
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On 1st reading, Special Calendar
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2026-02-17
H
With amendments, do pass
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2026-02-09
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To Energy and Public Works
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2026-02-06
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To House Energy and Public Works
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2026-02-06
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Introduced in House
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2026-02-06
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House received Senate message
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2026-02-05
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Ordered to House
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2026-02-05
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Effective from passage (Roll No. 45)
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2026-02-05
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Passed Senate (Roll No. 44)
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2026-02-05
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Read 3rd time
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2026-02-05
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On 3rd reading
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2026-02-04
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Read 2nd time
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2026-02-03
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Laid over on 2nd reading 2/3/2026
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2026-02-02
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Laid over on 2nd reading 2/2/2026
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2026-02-02
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On 2nd reading
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2026-01-30
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Read 1st time
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2026-01-30
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On 1st reading
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2026-01-29
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Committee substitute reported
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2026-01-15
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To Judiciary
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2026-01-15
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Introduced in Senate
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2026-01-15
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To Judiciary
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2026-01-15
S
Filed for introduction
Official Summary Text
Authorizing DEP to promulgate legislative rules
Current Bill Text
Read the full stored bill text
SB 256 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version Senate Bill 256 History OTHER VERSIONS - Committee Substitute (1) | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session Enrolled Committee Substitute for Senate Bill 256 BY Senator Rucker [Passed February 23, 2026; in effect from passage] AN ACT to amend and reenact §64-3-1 et seq. of the Code of West Virginia, 1931, as amended, relating to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution rule to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to carbon dioxide sequestration fee schedule. Be it enacted by the Legislature of West Virginia: ARTICLE 3. Authorization for Department of envirnomental protection to promulgate legislative rules. §64-3-1. Department of Environmental Protection. The legislative rule filed in the State Register on July 22, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (alternative emission limitations during startup and shutdown operations, 45 CSR 01 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 08 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage, and disposal facilities, 45 CSR 25 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (cross-state air pollution rule to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions, 45 CSR 43 ), is authorized. The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-18-6 of this code, relating to the Division of Water and Waste Management (hazardous waste management system, 33 CSR 20 ), is authorized. The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §22-11-4 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 8, 2026, relating to the Division of Water and Waste Management (requirements governing water quality standards, 47 CSR 02 ), is authorized with the following amendment: On page 42, subsection 8.23. by striking the number “20” and inserting in lieu thereof the number “120”. The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §22-11-10 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 8, 2026, relating to the Department of Environmental Protection (carbon dioxide sequestration fee schedule, 47 CSR 09B ), is authorized with the following amendment: On page 5, section 4.7.1, after the word “paid” and before the semicolon by inserting the words “and other relevant evidence of the fair market value requested by the Commission”. The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the Senate ............................................................... Clerk of the House of Delegates Originated in the Senate. In effect from passage. ............................................................... President of the Senate ............................................................... Speaker of the House of Delegates __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. Governor Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: