CSR 45-8-5
CSR 45-8-5. Severability
Cite as W. Va. Code R. § 45-8-5
§45-8-5. Severability.
5.1. Each of the national primary and secondary ambient air quality standards promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 50 and adopted and incorporated by reference under subsection 3.1 are severable.
5.2. Each of the ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 53 and adopted and incorporated by reference under subsection 3.2 are severable.
5.3. In the event any national primary and secondary ambient air quality standards promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 50 and adopted and incorporated by reference under subsection 3.1 is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction in a final action after the last appeal deadline, and/or is invalidated by an act of the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 45CSR8 after the effective date of the withdrawal or invalidation and is no longer adopted and incorporated by reference under subsection 3.1.
5.4. In the event any ambient air monitoring reference methods and equivalent methods promulgated by the United States Environmental Protection Agency under 40 C.F.R. part 53 and adopted and incorporated by reference under subsection 3.2 is withdrawn by the U.S. EPA, is invalidated by a court of competent jurisdiction in a final action after the last appeal deadline, and/or is invalidated by an act of the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 45CSR8 after the effective date of the withdrawal or invalidation and is no longer adopted and incorporated by reference under subsection 3.2.
5.5. In the event any provision is severed in accordance with subsection 5.3, the Secretary shall publicly identify the severed provisions which are no longer adopted and incorporated by reference.