West Virginia Code § 22-22-3

Rule-making authority of the Secretary
Open in Lexace · Ask the AI about this section
The Secretary, in accordance with chapter twenty-nine-a of this code, shall propose, and
subsequently may amend, suspend, or rescind, rules that do the following:
(a) Establish an administrative program for both brownfield revitalization and voluntary
remediation, including application procedures;
(b) Establish procedures for the licensure of remediation specialists, including, but not
limited to establishing licensing fees, testing procedures, disciplinary procedures, and
methods for revocation of licenses; u
(c) Establish procedures for community notification and involvement;
(d) Establish risk-based standards for remediation; a
(e) Establish standards for the remediation of property;
(f) Establish a risk protocol for conducting risk assessments and establishing risk-based
standards. The risk protocol shall:
(1) Require consideration of existing and reasonably anticipated future human exposures
based on current and reasonably anticipated future land and water uses and significant
adverse effects to ecological reeceptor health and viability;
(2) Include, at a minimuLm, both central tendency and reasonable upper bound estimates of
exposure;
(3) Require risk assessments to consider, to the extent practicable, the range of probabilities
of risks actually occurring, the range or size of populations likely to be exposed to risk, and
quantitative and qualitative descriptions of uncertainties;
(4) Establish criteria for what constitutes appropriate sources of toxicity information;
(5) Address the use of probabilistic modeling;
(6) Establish criteria for what constitutes appropriate criteria for the selection and
application of fate and transport models;
(7) Address the use of population risk estimates in addition to individual risk estimates;
(8) To the extent considered appropriate and feasible by the Secretary considering available
scientific information, define appropriate approaches for addressing cumulative risks posed
by multiple contaminants or multiple exposure pathways;
(9) Establish appropriate sampling approaches and data quality requirements; and
(10) Include public notification and involvement provisions so that the public can understand
how remediation standards are applied to a site and provide for clear communication of site
risk issues, including key risk assessment assumptions, uncertainties, populations
considered, the context of site risks to other risks, and how the remedy will address site
risks;
(g) Establish chemical and site-specific information, where appropriate for peurpose of risk
assessment. Risk assessments should use chemical and site-specific data and analysis, such
as toxicity, exposure, and fate and transport evaluations in preference rto default
assumptions. Where chemical and site-specific data are not available, a range and
distribution of realistic and plausible assumptions should be employed;
(h) Establish criteria to evaluate and approve methods for thte measurement of contaminants
using the practical quantitation level and related laboratory standards and practices to be
used by certified laboratories;
(i) Establish standards and procedures for the use lof certificates of completion, land use
covenants, and other legal documents necessasry to effectuate the purposes of this article;
and
(j) Establish any other rules necessagry to carry out the requirements and the legislative
intent of this act.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.