Governing Law and Regulations
Accidental release and risk management program: 40 CFR 68
West Virginia Department of Environmental Protection (DEP) Division of Air Quality
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 not taken delegation of the risk management program. Facilities required to develop a risk management program and submit a risk management plan (RMP) should follow the federal program. For more information, see the national section RISK MANAGEMENT PROGRAM.
For Title V sources required to develop an RMP, the requirements of the plan will be included in the facility's Title V operating permit as applicable requirements. Such sources are responsible for certifying compliance with the requirements of the risk management program as part of the annual Title V operating permit compliance certification. For more information, see the national section TITLE V.
• Administration and enforcement. EPA Region 3 will be implementing the risk management program in West Virginia. DEP's Division of Air Quality is responsible for checking that Title V sources have submitted a plan as required and for drafting a Title V operating permit containing the applicable risk management program requirements.