West Virginia Code of State Rules Agency 55 - State Emergency Response Commission
West Virginia Code of State Rules – Agency 55
Agency 55 governs the State Emergency Response Commission (SERC) and sets out the state rules for emergency planning, hazardous chemical reporting, and community right-to-know obligations in West Virginia.
Purpose
Agency 55 implements the state’s Emergency Response and Community Right-to-Know Act, which aligns with the federal Emergency Planning and Community Right-to-Know Act (EPCRA, also called SARA Title III). Its main goals are:
Organizing emergency planning districts across the state.
Ensuring emergency response planning for hazardous chemicals.
Collecting and managing information on hazardous and toxic chemicals from facilities.
Making this information available to local planners, emergency responders, and the public.
Structure
Agency 55 is organized into series of rules, with the main ones being:
Series 55-01 – Emergency Planning and Community Right-to-Know
Series 55-02 – Emergency Planning Grant Program
Series 55-01: Emergency Planning and Community Right-to-Know
Definitions
Key terms in the rules include:
Emergency planning district: A geographic area designated by the SERC to have its own emergency response plan.
Facility: Any location that handles hazardous chemicals and must report under the rules.
SERC: State Emergency Response Commission.
Title III: Refers to the federal EPCRA law.
Emergency notification: Immediate notice required when a hazardous release exceeds a reportable quantity.
Hazardous chemical inventory form: The report that facilities must submit.
Reporting Requirements
Facilities covered under the rules must:
Submit hazardous chemical inventories to the SERC and the local emergency planning committee (LEPC).
Provide immediate notification of accidental releases that exceed reportable quantities.
These measures help emergency planners and responders understand chemical hazards in their communities.
Fees
Facilities may be required to pay fees to support SERC operations and emergency planning programs.
Enforcement
The rules define how the SERC enforces compliance and the administrative actions it may take for violations.
Series 55-02: Emergency Planning Grant Program
This series sets procedures for grant funding to local emergency planning committees, including:
How to apply for grants.
How funds are allocated and distributed.
How funds may be used to support emergency planning and preparedness activities.
Overall Function of Agency 55
Agency 55 ensures that:
Emergency planning is coordinated at state and local levels.
Facilities handling hazardous chemicals submit required information.
Local planners, responders, and the public have access to information about chemical hazards.
Grant programs support local emergency preparedness efforts.
Legal Basis
Agency 55 is authorized by the West Virginia Emergency Response and Community Right-to-Know Act. The SERC is established by law and is responsible for:
Designating emergency planning districts.
Forming local emergency planning committees (LEPCs).
Ensuring compliance with emergency planning, reporting, and notification requirements.
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