West Virginia Code of State Rules Agency 55 - State Emergency Response Commission
West Virginia Code of State Rules – Agency 55: State Emergency Response Commission (SERC)
Overview:
Agency 55 of the West Virginia Code of State Rules (CSR) governs the State Emergency Response Commission (SERC), which is responsible for overseeing emergency planning and community right-to-know programs related to hazardous materials in the state.
SERC operates under the authority of the Emergency Planning and Community Right-to-Know Act (EPCRA)—a federal law—and is codified in West Virginia to promote transparency, public safety, and coordination during chemical or hazardous material incidents.
Key Responsibilities of the SERC (Agency 55):
Hazardous Materials Emergency Planning:
Coordinates the development of Local Emergency Planning Committee (LEPC) plans.
Ensures that local plans meet both state and federal standards for chemical accident preparedness.
Community Right-to-Know:
Oversees the collection and dissemination of Tier II chemical inventory reports from facilities that store hazardous substances.
Ensures public access to information about chemical hazards in their communities.
Facility Reporting Requirements:
Requires facilities to report the storage, use, and release of hazardous chemicals.
Mandates compliance with Section 302, 304, 311, and 312 of EPCRA.
Training and Coordination:
Provides guidance and support to LEPCs and emergency responders.
Ensures that first responders and emergency planners are trained to handle chemical emergencies.
Enforcement and Compliance:
Establishes penalties for non-compliance with hazardous materials reporting and planning requirements.
Conducts inspections and audits to ensure adherence to the rules.
Notable Rule Series under Agency 55:
While rule numbers may vary, common components include:
55 CSR 1 – General Rules for SERC and LEPCs
Structure and duties of the State Emergency Response Commission and Local Emergency Planning Committees.
55 CSR 2 – Chemical Reporting Requirements
Rules regarding Tier II submissions, emergency release notifications, and Material Safety Data Sheets (MSDS).
55 CSR 3 – Procedures for Public Access
How the public may request and obtain information about chemical hazards in their area.
55 CSR 4 – Training and Emergency Grants
Establishes criteria for allocating federal or state grants for training and planning.
Legal and Regulatory Authority:
West Virginia Code Chapter 15, Article 5A – Establishes the SERC and outlines its responsibilities.
Federal Basis: EPCRA (42 U.S.C. § 11001 et seq.) – Requires states to implement community safety programs related to hazardous chemicals.
Goals of the Program:
Enhance public safety and awareness.
Improve emergency response to chemical incidents.
Ensure transparency about hazardous materials in communities.
Support local governments and first responders through resources and training.
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