West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Section 47-62-4 - Initial Submission of Spill Prevention Response Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The owner or operator of a Level 1 AST
				shall submit a site specific Spill Prevention Response Plan ("SPRP") that, at a
				minimum, conforms to the requirements set forth in Appendix C andin accordance
				with W. Va. Code §
									22-30-9
				by December 3, 2014.
4.2. The owner
				or operator of a Level 2 AST shall submit a site specific SPRP that, at a
				minimum, conforms to the requirements set forth in Appendix C andin accordance
				with W. Va. Code §
									22-30-9
				by December 3, 2014. Alternatively, if the owner or operator of a Level 2 AST
				has been issued a permit by the Secretary under Articles 3, 4, 6, 6A, 11, 15 or
				18 of Chapter 22 of the West Virginia Code, and thus has on-site or has
				submitted to the Secretaryas part of the permitting process a Groundwater
				Protection Planor Well Site Safety Plan, the owner or operator may submit to
				the Secretary the Plan ora certification that such plan is current and list the
				applicable permit number(s) that correspond with such plans; Provided, that the
				Secretary may request additional information, if necessary, in order to ensure
				that such plans conform with the requirements of W. Va. Code §
									22-30-9.
4.3. The owner or operator of a Level 2 AST
				who is required to maintain on-site Spill Prevention Plans pursuant to 35 CSR 1
				or Spill Prevention, Control, and Countermeasures Plans pursuant to 40 C.F.R.
				§ 112 may submit the applicable planto the Secretary in lieu of the SPRP
				by December 3, 2014. The Secretary may request additional information, if
				necessary, in order to ensure that such plans conform with the requirements of
				W. Va. Code §
									22-30-9.
				Alternatively, the owner or operator may submit a site specific SPRP that, at a
				minimum, conforms to the requirements set forth in Appendix C and in accordance
				with W. Va. Code §
									22-30-9
				by December 3, 2014.
4.4. If the
				owner or operator of a Level 3 AST, other than hazardous waste tanks regulated
				by W. Va. Code §
									22-18-1,
				et seq. and 40 C.F.R. §§ 264 and 265, exclusive of tanks subject to
				regulation under 40 C.F.R. §265.201,maintains an Emergency Response Plan
				as required by the federal Environmental Protection Agency pursuant to the
				Public Health Security and Bioterrorism Preparedness and Response Act ("the
				Bioterrorism Act of 2002"), 42 U.S.C. § 300i-2, the owner's or operator's
				submission of that plan to the federal Environmental Protection Agency may be
				in lieu of submission of a SPRP to the Secretary by December 3,
				2014.Alternatively, if the owner or operator of a Level 3 AST has been issued a
				permit by the Secretary under Articles 3, 4, 6, 6A, 11, 15 or 18 of Chapter 22
				of the West Virginia Code, and thus has on-site or has submitted to the
				Secretary as part of the permitting process a Groundwater Protection Plan or
				Well Site Safety Plan, the owner or operator may submit to the Secretary the
				Plan, if not already submitted to the Agency, or a certification that such plan
				is current and list the applicable permit number(s) that correspond with such
				plans; Provided, that the Secretary may request additional information, if
				necessary, in order to ensure that such plans conform with the requirements of
				W. Va. Code §
									22-30-9.The
				owner or operator of a Level 3 AST may alsosubmit a site specific SPRP that, at
				a minimum, conforms to the requirements set forth in Appendix C and in
				accordance with W. Va. Code §
									22-30-9
				by December 3, 2014.