Current through Register Vol. XLI, No. 50, December 13, 2024
Section 170-2-9 - Lists of Covered Industrial Facilities9.1. The lists of industrial facilities to which this rule applies shall be maintained by the Director. The Director shall update the list from time to time, as necessary, to add or delete facilities from the list. In order for a facility to be subject to 170CSR2, it must have received written notice via certified mail, return receipt required of the facility's inclusion thereon. In developing the initial list and determining whether to add or delete facilities from the list, the Director shall consider the following:9.1.a. Facilities required to maintain a risk management plan.9.1.a.1. A facility may be added to the list of covered facilities subject to this rule pursuant to W. Va. Code § 15-5B-3a(a)(1)(A) if such facility is required to have a risk management plan under Section 112(r) of the Clean Air Act of 1990, 42. U.S.C. § 7412(r).9.1.a.2. A facility may be deleted from the list of covered facilities subject to this rule pursuant to W. Va. Code § 15-5B-3a(a)(1)(A) where it is demonstrated that the facility is no longer required to have a risk management plan under Section 112(r) of the Clean Air Act of 1990, 42. U.S.C. § 7412(r). The fact that a facility is no longer required to have a risk management plan shall not preclude the Director from determining that the facility should be listed pursuant to section 9.1.b of this rule.9.1.b. Other covered facilities. 9.1.b.1. A facility may be added to the list of covered facilities under this rule pursuant to W. Va. Code § 15-5B-3a(a)(1)(A) upon a finding by the Director that there is a potential that an emergency event at the facility would result in harm or a risk of harm to the public, based on the presence of extremely hazardous substances at the facility or upon the decision of the Director that a facility may present a danger to responders or the public in an emergency event and upon the provision of actual written notice specified in section 2.1.b. of this rule.9.1.b.2. A facility may be deleted from consideration under §170-2-9.1.b.1 above, if the Director determines that there is no reasonable potential that an emergency event at the facility would result in harm or a risk of harm to the public. TABLE 170-2 A
Penalty Determination Guide for Notification Infractions
| Extent of Deviation from Requirement |
MAJOR | MODERATE | MINOR |
Potential for Harm to Health and/or Environment | MAJOR | $100,000 | $75,000 to $99,999 | $50,000 to $75,000 |
MODERATE | $75,000 to $99,999 | $50,000 to $75,000 | $25,000 to $50,000 |
MINOR | $50,000 to $75,000 | $25,000 to 50,000 | Up to $25,000 |
TABLE 170-2 B
Penalty Determination Guide for Communications/Access Infractions
| Extent of Deviation from Requirement |
MAJOR | MODERATE | MINOR |
Potential for Harm to Health and/or Environment | MAJOR | $100,000 | $75,000 to $99,999 | $50,000 to $75,000 |
MODERATE | $75,000 to $99,999 | $50,000 to $75,000 | $25,000 to $50,000 |
MINOR | $50,000 to $75,000 | $25,000 to 50,000 | Up to $25,000 |