Current through Register Vol. XLI, No. 50, December 13, 2024
Section 55-1-2 - Definitions2.1 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. 2.2 Terms not defined in these regulations, nor having a meaning ascribed to them pursuant to W. Va. Code § 15-5A-3, shall have the meaning and definition ascribed 42 U.S.C. 11001 to 11050 and in 40 C.F.R. Parts 350, 355 and 370 inclusive of the appendices corresponding to Part 355.