West Virginia Oil Spill Response regulations & environmental compliance analysis

West Virginia Oil Spill Response: What you need to know

Governing Law and Regulations

General spills: West Virginia Regulations (WV Reg.) 47-11-2

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Oil and gas facilities: WV Reg. 35-1-3

Regulatory Agencies

West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management

DEP Office of Oil and Gas

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia has general oil spill reporting and response requirements, as well as specific requirements from oil spills occurring at oil and gas facilities. West Virginia generally adopts the federal underground storage tank (UST) regulations under 40 CFR 280 and 40 CFR 281 for releases that cause a sheen on the water, any underground release, or any spill or overfill of petroleum over 25 gallons. See the national section OIL SPILLS for additional guidance regarding the federal spill reporting requirements.

West Virginia also has a program to address oil spills and leakage from abandoned wells and related activities.

Administration and enforcement. EPA and DEP's Division of Water and Waste Management are responsible for general oil spill response requirements. DEP's Office of Oil and Gas is responsible for the administration and enforcement of the state's spill response requirements from oil and gas-related facilities.

State Requirements

GENERAL SPILLS

WV Reg. 47-11-2

Any person who may cause or be responsible for any oil spill or accidental discharge of pollutants into the waters of the state must provide immediate notification to DEP's Division of Water and Waste Management Emergency Notification Number at 800-642-3074.

The notification must describe the:


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