CSR 45-8-1. General

45-8-1. General. 1.1. Scope. -- This rule establishes and adopts ambient air quality standards in West Virginia for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide and lead, equivalent to the national primary and secondary ambient air quality standards established under Section 109 of the Clean Air Act, and promulgated by the United States Environmental Protection Agency under 40 CFR Part 50. National primary ambient air quality standards define levels of air quality which the Administrator judges are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality which the Administrator judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. This rule also establishes and adopts ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 CFR Part 53. The Secretary hereby adopts these standards and methods by reference. The Secretary also adopts the appendices to these standards and methods. These standards and methods are subject to revision, and additional primary and secondary standards may be promulgated as the Administrator deems necessary to protect the public health and welfare. 1.2. Authority. -- W. Va. Code 22-5-4. 1.3. Filing Date. -- May 1, 2012. 1.4. Effective Date. -- June 1, 2012. 1.5. Incorporation by Reference. -- Federal Counterpart Regulation. The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretarys recommendation this rule incorporates by reference 40 CFR Part 50, National Primary and Secondary Ambient Air Quality Standards, and 40 CFR Part 53, Ambient Air Monitoring Reference and Equivalent Methods, effective June 1, 2011. 1.6. Former Rules. -- This legislative rule amends 45CSR8 - Ambient Air Quality Standards which was filed on June 16, 2011 and became effective on June 16, 2011.