Governing Law and Regulations
Chemical inventory reporting: West Virginia Emergency Response and Community Right-to-Know Act, West Virginia Code (WV Code) 15-5A-1 to 15-5A-8 and regulations at West Virginia Regulations (WV Reg.) 55-1-1 to 55-1-11
Reporting fees: WV Reg. 55-1-9
West Virginia Division of Homeland Security and Emergency Management State Emergency Response Commission (SERC) Office of Emergency Services
U.S. Environmental Protection Agency (EPA) Region 3
Local Emergency Planning Committees (LEPCs)
Local fire departments
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. West Virginia follows the following federal Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements, with unique state-specific reporting procedures and additional state fee requirements:
—Safety data sheet (SDS) or chemical list reporting (EPCRA Section 311);
—Tier II chemical inventory reporting (EPCRA Section 312); and
—Toxics Release Inventory (TRI) reporting (EPCRA Section 313).
For more information on the aforementioned EPCRA reporting requirements, see the national section COMMUNITY RIGHT TO KNOW.
• Administration and enforcement. The State Emergency Response Commission (SERC) and the U.S. Environmental Protection Agency (EPA) administer and enforce the community right-to-know chemical reporting requirements in the state.
Facilities are encouraged to contact their Local Emergency Planning Committee (LEPC) and local fire department to discuss emergency plans and needs.
TIER II CHEMICAL INVENTORY REPORTING
Tier II reports are due March 1. Facilities in West Virginia are required to submit Tier II reports to the SERC using the ...