CSR 45-10-13. Disposition of Rule; Severability

§45-10-13. Disposition of Rule; Severability. 13.1. In the event the U.S. EPA’s June 12, 2015 “State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Finding of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction,” at 80 Fed. Reg. 33840 (2015 SSM SIP Call) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 13.2. In the event the U.S. EPA’s April 17, 2023 “Air Plan Disapproval; West Virginia; Revision to the West Virginia State Implementation Plan To Add the Startup, Shutdown, Maintenance Rule 45CSR1—Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations,” at 88 Fed. Reg. 23356 (45CSR1 2023 Disapproval) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 13.3. In the event the U.S. EPA’s April 17, 2023 “West Virginia; Finding of Failure To Submit State Implementation Plan Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction,” at 88 Fed. Reg. 23353 (2023 FFS) is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may terminate any permit or section of an existing permit issued pursuant to this rule. 13.4. In the event the 2015 SSM SIP Call, 45CSR1 2023 Disapproval, and/or the 2023 FFS is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction, and/or is invalidated by an act of the West Virginia Legislature or United States Congress, the Secretary may sever requirements § 45-10-9.2 and revert to the August 31, 2000 requirements found at § 45-10-9.1. Table 45-10A Table 45-10B Priority Classification Federal Air Quality Control Region Included West Virginia Counties I Region I, Steubenville-Weirton-Wheeling Interstate Air Quality Control Region (Ohio – West Virginia) Brooke Hancock Marshall Ohio I Region VII, Cumberland-Keyser Interstate Air Quality Control Region (West Virginia – Maryland) Grant (Union district only) Mineral (Elk, New Creek, and Piedmont Districts) II Region II, Parkersburg-Marietta Interstate Air Quality Control Region (West Virginia-Ohio) Jackson Pleasants Tyler Wetzel Wood III All other regions All other counties or districts not listed above Effective Date Percent Sulfur Content of Fuels Percent Sulfur Content of Fuels Effective Date Coal Oil June 30, 1978 1.0 0.5