Statutes, codes, and regulations
West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions
Section 45-43-1 - General

W. Va. Code R. § 45-43-1

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-43-1 - General
1.1. Scope. -- This rule establishes and adopts the federal Cross-State Air Pollution Rule (CSAPR), limiting the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2), through emissions trading programs. CSAPR was promulgated by the Unites States Environmental Protection Agency under section 110 of the federal Clean Air Act, as amended and 40 C.F.R. §§ 52.38 and 52.39 as a means of mitigating interstate transport of fine particulates, nitrogen oxides, ozone and sulfur dioxide.
1.1.a. This rule codifies general procedures and criteria to implement the CSAPR NOX Annual Trading Program set forth in 40 C.F.R. part 97, subpart AAAAA. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.1.b. This rule codifies general procedures and criteria to implement the CSAPR NOXOzone Season Group 2 Trading Program set forth in 40 C.F.R. part 97, subpart EEEEE. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.1.c. This rule codifies general procedures and criteria to implement the CSAPR SO2Group 1 Trading Program set forth in 40 C.F.R. part 97, subpart CCCCC. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods referenced by these standards.
1.2. Authority. -- W.Va. Code § 22-5-4.
1.3. Filing Date. -- April 24, 2019.
1.4. Effective Date. -- May 1, 2019.
1.5. Sunset Provision. -- Does not apply.
1.6. Incorporation By Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart rule exists, and in accordance with the Secretary's recommendation, with limited exception, this rule incorporates by reference 40 C.F.R. 97, subparts AAAAA, CCCCC and EEEEE, effective June 1, 2018.

W. Va. Code R. § 45-43-1