CSR 45-38-1. General

§45-38-1. General. 1.1. Scope. -- The purpose of this rule is to clarify the types of data that may be used by an owner of a facility subject to air pollutant emission standards or by the Director of the Division of Environmental Protection in determining whether the facility is in compliance with or violation of the emission standards. This rule is to be promulgated pursuant to Sections 110(a)(2)(A), (C) and (F), 113(a) and (e) and 114(a)(3) of the federal Clean Air Act Amendments of November 15, 1990. The rule also clarifies the compliance testing procedures which are to be employed where existing emissions standards enforced by the Director are not definitive. 1.2. Authority. -- W. Va. Code §22-5-1 et seq. 1.3. Filing Date. -- April 28, 1995. 1.4. Effective Date. -- May 1, 1995. 1.5. Incorporation by Reference -- Federal Counterpart Regulation. This rule was developed as part of the State's Implementation Plan (SIP) pursuant to the federal Clean Air Act, as amended. The Implementation Plan has as its purpose the attainment and maintenance of attainment with the National Ambient Air Quality Standards. This rule has been determined to incorporate necessary provisions for the attainment of the National Ambient Air Quality Standards but has no federal counterpart.