CSR 45-16-8
CSR 45-16-8. Severability
Cite as W. Va. Code R. § 45-16-8
§45-16-8. Severability.
8.1. Each of the provisions of 40 C.F.R. parts 60 and 65, to the extent referenced in 40 C.F.R. part 60, including any reference methods, performance specifications and other test methods which are appended to these standards and contained in 40 C.F.R. parts 60 and 65 and adopted and incorporated by reference under subsection 4.1 are severable.
8.2. In the event any provisions of 40 C.F.R. parts 60 and 65, to the extent referenced in 40 C.F.R. part 60, including any reference methods, performance specifications and other test methods which are appended to these standards and contained in 40 C.F.R. parts 60 and 65 and adopted and incorporated by reference under subsection 4.1 is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction in a final action after the last appeal deadline, and/or is invalidated by an act of the United States Congress, such provision is severed from 45CSR16 after the effective date of the withdrawal or invalidation and is no longer adopted and incorporated by reference under subsection 4.1.
8.3. In the event any provisions are severed pursuant to subsection 8.2, the Secretary may terminate any permit or section of an existing permit issued pursuant to 45CSR13, 45CSR14, 45CSR19, and 45CSR30 to address, and limited to, the affected severed provisions.
8.4. In the event any provision is severed in accordance with subsection 8.2, the Secretary shall publicly identify the severed provisions which are no longer adopted and incorporated by reference.