CSR 45-18-12
CSR 45-18-12. Secretary
Cite as W. Va. Code R. § 45-18-12
§45-18-12. Secretary.
12.1. Any and all references in 40 CFR Part 60, Subparts Ce, Eb, Ec, AAAA, CCCC, EEEE, and LLLL to “the Administrator” are amended to be “the “Secretary”, except in the following references, which shall remain “Administrator”:
12.1.a. Where the Federal Regulations specifically provide that the Administrator shall retain authority and not transfer such authority to the Secretary;
12.1.b. Where provisions occur which refer to:
12.1.b.1. Alternate means of emission limitations;
12.1.b.2. Alternate control technologies;
12.1.b.3. Innovative technology waivers;
12.1.b.4. Alternate test methods;
12.1.b.5. Alternate monitoring methods;
12.1.b.6. Waivers/adjustments to recordkeeping and reporting;
12.1.b.7. Applicability determinations;
12.1.b.8. The requirements of 40 CFR § 60.56c(i) establishing operating parameters when using controls other than those listed in 40 CFR § 60.56c(d);
12.1.b.9. Alternative methods of demonstrating compliance under 40 CFR § 60.8;
12.1.b.10. Performance test and data reduction waivers under 40 CFR § 60.8(b);
12.1.b.11. Alternate operating limits established under section 9;
12.1.b.12. The qualified operators “temporarily not accessible requirements under section 9;
12.1.b.13. Approval of alternative opacity emission limits under section 9 of this rule and 40 CFR § 60.11(e)(6); and
12.1.b.14. Determination of whether a qualifying small power production facility or cogeneration facility under section 9 is combusting homogeneous waste.
12.1.c. Where the context of the regulation clearly requires otherwise.