Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-62-4 - Initial Submission of Spill Prevention Response Plans4.1. The owner or operator of a Level 1 AST shall submit a site specific Spill Prevention Response Plan ("SPRP") that, at a minimum, conforms to the requirements set forth in Appendix C andin accordance with W. Va. Code § 22-30-9 by December 3, 2014.4.2. The owner or operator of a Level 2 AST shall submit a site specific SPRP that, at a minimum, conforms to the requirements set forth in Appendix C andin accordance with W. Va. Code § 22-30-9 by December 3, 2014. Alternatively, if the owner or operator of a Level 2 AST has been issued a permit by the Secretary under Articles 3, 4, 6, 6A, 11, 15 or 18 of Chapter 22 of the West Virginia Code, and thus has on-site or has submitted to the Secretaryas part of the permitting process a Groundwater Protection Planor Well Site Safety Plan, the owner or operator may submit to the Secretary the Plan ora certification that such plan is current and list the applicable permit number(s) that correspond with such plans; Provided, that the Secretary may request additional information, if necessary, in order to ensure that such plans conform with the requirements of W. Va. Code § 22-30-9.4.3. The owner or operator of a Level 2 AST who is required to maintain on-site Spill Prevention Plans pursuant to 35 CSR 1 or Spill Prevention, Control, and Countermeasures Plans pursuant to 40 C.F.R. § 112 may submit the applicable planto the Secretary in lieu of the SPRP by December 3, 2014. The Secretary may request additional information, if necessary, in order to ensure that such plans conform with the requirements of W. Va. Code § 22-30-9. Alternatively, the owner or operator may submit a site specific SPRP that, at a minimum, conforms to the requirements set forth in Appendix C and in accordance with W. Va. Code § 22-30-9 by December 3, 2014.4.4. If the owner or operator of a Level 3 AST, other than hazardous waste tanks regulated by W. Va. Code § 22-18-1, et seq. and 40 C.F.R. §§ 264 and 265, exclusive of tanks subject to regulation under 40 C.F.R. §265.201,maintains an Emergency Response Plan as required by the federal Environmental Protection Agency pursuant to the Public Health Security and Bioterrorism Preparedness and Response Act ("the Bioterrorism Act of 2002"), 42 U.S.C. § 300i-2, the owner's or operator's submission of that plan to the federal Environmental Protection Agency may be in lieu of submission of a SPRP to the Secretary by December 3, 2014.Alternatively, if the owner or operator of a Level 3 AST has been issued a permit by the Secretary under Articles 3, 4, 6, 6A, 11, 15 or 18 of Chapter 22 of the West Virginia Code, and thus has on-site or has submitted to the Secretary as part of the permitting process a Groundwater Protection Plan or Well Site Safety Plan, the owner or operator may submit to the Secretary the Plan, if not already submitted to the Agency, or a certification that such plan is current and list the applicable permit number(s) that correspond with such plans; Provided, that the Secretary may request additional information, if necessary, in order to ensure that such plans conform with the requirements of W. Va. Code § 22-30-9.The owner or operator of a Level 3 AST may alsosubmit a site specific SPRP that, at a minimum, conforms to the requirements set forth in Appendix C and in accordance with W. Va. Code § 22-30-9 by December 3, 2014.