West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The
				following terms shall have the meaning described by this section:
2.1.1. "Emergency planning
				district" - means a geographic area designated by the SERC as
				requiring its own comprehensive emergency response plan. The SERC may
				designate existing political subdivisions or multijurisdictional
				planning organizations as such districts.
2.1.2. "Facility" - means all
				buildings, equipment, structures, and other stationary items which
				are located on a single site or on contiguous or adjacent sites and
				which are owned or operated by the same person (or by any person
				which controls, is controlled by, or under common control with, such
				person) and subject to the provisions of Section 302 of Title III,  42 U.S.C. 11002.
2.1.3.
				"DEPC" - means a Local Emergency Planning Committee, for each
				emergency planning district, which is appointed by the SERC in
				accordance with the provisions of W. Va. Code
				§
										15-5A-7.
2.1.4.
				"SERC" - means the State Emergency Response Commission, a statutory
				body created pursuant to W. Va. Code §
										15-5A-1 et seq.
2.1.5. "Title III" - means the
				Emergency Planning and Community Right-to-Know Act of 1986, as
				amended, and die regulations promulgated thereunder.  42 U.S.C. 11001 et seq.  P.L. 99-499.
2.1.6. "Emergency notification" -
				means the notification required by Section 304 of Title III,  42 U.S.C. 11004, which must be given immediately in the event of a
				release of a listed hazardous substance that exceeds the reportable
				quantity for that substance.
2.1.7. "Emergency response plan" -
				means the plan to be developed by each Local Emergency Planning
				Committee in accordance with W. Va. Code §
										15-5A-7 and  42 U.S.C. 11003.
2.1.8. "Hazardous
				chemical inventory form" - means the Emergency and Hazardous Chemical
				Inventory Form that must be submitted by covered facilities to the
				SERC, the LEPC and the local fire department which has jurisdiction
				over the facility.
2.1.9.
				"List of MSDS Chemicals" - means a list of chemicals submitted to the
				SERC, the LEPC and the local fire department in lieu of the
				requirement to submit copies of MSDS.
2.1.10. "MSDS" - means material
				safety data sheet, a form required by the Occupational Safety and
				Health Act of 1970, as amended, and the regulations promulgated
				thereunder,  29 U.S.C. 651  et seq., and in accordance with the Federal
				Occupational Safety and Health Administration's Hazard Communication
				Standard,  40 C.F.R. 1910.1200, for reporting health and safety
				information on hazardous substances.
2.1.11. "Toxic chemical release
				form" - means the form that must be reported annually of toxic
				chemical releases on a Toxic Chemical Release Reporting Form to the
				EPA and a State Official designated by the Governor pursuant to
				Section 313 of Title III,  42 U.S.C. 11023.
2.1.12. "Threshold quantity" -
				means the amount of a substance present at a facility in which a
				facility becomes subject to the provisions ofTitlelll,  42 U.S.C. 11002.
2.1.13. "Gasoline
				dispensing facility" - means any retail site where gasoline is
				transferred from a stationary storage tank to a motor vehicle
				gasoline tank used to provide fuel to the engine of that motor
				vehicle.
2.1.14. "Oil and
				gas extraction storage facility" - means a facility that exclusively
				stores crude oil or liquid hydrocarbons or other fluids resulting,
				obtained or produced in connection with the production or storage of
				crude oil or natural gas; receives the crude oil liquid hydrocarbon
				or other stored fluids by direct conveyance through piping or tubing;
				is located on the same site as, or on a site adjacent to, the well
				from which the crude oil, liquid hydrocarbons, or other fluids are
				produced or obtained; and is used for the storage of the crude oil,
				liquid hydrocarbons or other fluids prior to their transportation off
				the premises of the facility for sale, use or disposal.