Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-43-3 - Adoption of standards3.1. CSAPR NOX Annual Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part AAAAA, including any applicable reference methods, performance specifications and 97, subpart other test methods, and monitoring, recordkeeping and reporting requirements which are required by that subpart, effective June 1, 2018, for the purposes of implementing the CSAPR NOXAnnual Trading Program, except as follows:3.1.a. The provisions of 40 C.F.R.§ 97.410 are not adopted or incorporated by reference;3.1.b. The provisions of 40 C.F.R. §§ 97.411(b)(2) and (c)(5)(iii), 97.412(b) and 97.421(h) and (j) are not adopted or incorporated by reference;3.1.c. The provisions of 40 C.F.R.§ 97.404(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "The following units in a State (and Indian country within the borders of such State)" and adding in its place the phrase "The following units in West Virginia"; and3.1.d. The provisions of 40 C.F.R.§ 97.404(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "Any unit in a State (and Indian country within the borders of such State)" and adding in its place the phrase "Any unit in West Virginia".3.2. CSAPR NOX Ozone Season Group 2 Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part 97, subpart EEEEE, including any applicable reference methods, performance specifications and other test methods, and monitoring, record keeping and reporting requirements required by that subpart, effective June 1, 2018, for the purposes of implementing the CSAPR NOXOzone Season Group 2 Trading Program, except as follows:3.2.a. The provisions of 40 C.F.R.§ 97.810 are not adopted or incorporated by reference;3.2.b. The provisions of 40 C.F.R. §§ 97.811(b)(2) and (c)(5)(iii), 97.812(b) and 97.821(h) and (j) are not adopted or incorporated by reference;3.2.c. The provisions of 40 C.F.R.§ 97.804(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "The following units in a State (and Indian country within the borders of such State)" and adding in its place the phrase "The following units in West Virginia"; and3.2.d. The provisions of 40 C.F.R.§ 97.804(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "Any unit in a State (and Indian country within the borders of such State)" and adding in its place the phrase "Any unit in West Virginia".3.3. CSAPR SO2 Group 1 Trading Program -- The Secretary hereby adopts and incorporates by reference the provisions of 40 C.F.R. part 97, subpart CCCCC, including any applicable reference methods, performance specifications and other test methods, and monitoring, record keeping and reporting requirements required by that subpart, effective June 1, 2018, for the purposes of implementing the CSAPR SO2 Group 1 Trading Program, except as follows:3.3.a. The provisions of 40 C.F.R.§ 97.610 are not adopted or incorporated by reference;3.3.b. The provisions of 40 C.F.R. §§ 97.611(b)(2) and (c)(5)(iii), 97.612(b) and 97.621(h) and (j) are not adopted or incorporated by reference;3.3.c. The provisions of 40 C.F.R.§ 97.604(a)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "The following units in a State (and Indian country within the borders of such State)" and adding in its place the phrase "The following units in West Virginia"; and3.3.d. The provisions of 40 C.F.R.§ 97.604(b)(1) that are otherwise adopted and incorporated by reference are modified by removing the phrase "Any unit in a State (and Indian country within the borders of such State)" and adding in its place the phrase "Any unit in West Virginia".