W. Va. Code R. § 45-16-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-16-5 - Secretary

5.1. Any and all references in 40 C.F.R. parts 60 and 65 to the "Administrator" are amended to be the "Secretary" except as follows:

5.1.1. Where the federal regulations specifically provide that the Administrator shall retain authority and not transfer authority to the Secretary;

5.1.2. Where provisions occur which refer to:

5.1.2.a. Alternate means of emission limitations;

5.1.2.b. Alternate control technologies;

5.1.2.c. Innovative technology waivers;

5.1.2.d. Alternate test methods;

5.1.2.e. Alternate monitoring methods;

5.1.2.f. Waivers/adjustments to recordkeeping and reporting;

5.1.2.g. Emissions averaging;

5.1.2.h. Applicability determinations; or

5.1.2.i. The authority to require testing under Section 114 of the Clean Air Act, as amended; or

5.1.3. Where the context of the regulation clearly requires otherwise.

W. Va. Code R. § 45-16-5