Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-30-2 - Adoption of Federal Regulations2.1. Incorporation by Reference. - The Secretary hereby adopts and incorporates by reference the provisions contained in 40 C.F.R. Part 280 as published in the Code of Federal Regulations on July 1, 2016, with the following exceptions: 2.1.a. The definition of "implementing agency" that appears in 40 C.F.R. § 280.12 shall not apply and shall be replaced by "the West Virginia Department of Environmental Protection."2.1.b. The provisions contained in 40 C.F.R. § 280.20(e) shall not apply, and section 3 of this rule shall apply in lieu thereof.2.1.c. The provisions contained in 40 C.F.R. § 280.22 shall not apply, and section 4 of this rule shall apply in lieu thereof.2.1.d. The citation "section 9005 of Subtitle I of the Resource Conservation and Recovery Act, as amended" that appears in 40 C.F.R. § 280.34 shall not apply and shall be replaced by the phrase "W. Va. Code § 22-17-13."2.1.e. The provisions contained in 40 C.F.R. §§ 280.34(a)(1) and 280.251(b) shall not apply and shall be replaced by the notification requirements in accordance with the provisions of section 4 of this rule.2.1.f. The provisions contained in appendices I,II, and III of 40 C.F.R. Part 280 shall not apply.