Environmental Spill Reporting - West Virginia

West Virginia has its own environmental release notification requirements on top of the federal requirements. This summary page is provided as a reference tool. It is not a definitive source of compliance information and not intended to replace the federal and state laws and regulations. The summary is also not comprehensive, as there may be other release notification requirements at the federal, state, and/or local levels.

A facility may need to comply with both federal and state requirements, not just the state ones, when the federal requirements do not preempt the state ones and the state is not delegated authority to run its own program in lieu of the federal. Be sure to check with your state agency(ies) if you have questions about which federal or state requirements apply.

Regardless, there is no government penalty for over-reporting, but there may be steep penalties for failure to make a notification when required. When unsure whether to report, it is better to side on reporting the release.

Related information

• Emergency Releases ezExplanation
• Oil Spill Reporting ezExplanation
• Chemical Safety and Hazard Investigation Board (CSB) accidental release reporting
• West Virginia Department of Environmental Protection (DEP)
• West Virginia DEP Division of Land Restoration Office of Environmental Remediation
• West Virginia DEP Division of Water and Waste Management
• West Virginia Department of Emergency Management
• West Virginia DEP — Report a Spill or Accidental Damage
• West Virginia DEP — Release Reporting Requirements
• West Virginia DEP Division of Land Restoration Office of Environmental Remediation — Superfund Section

State citations

• West Virginia Code of State Rules (CSR) 47−11−2 — Reporting spills and accidental discharges
• West Virginia Code of State Rules (CSR) 55−1−4 — Emergency Notification
• West Virginia Code of State Rules (CSR) 33-30-2 — Adoption of Federal Regulations
• West Virginia Code of State Rules (CSR) 47-63-6— Reporting and Recordkeeping Requirements
• West Virginia Code 15-5C-2 — Reporting requirements
• West Virginia Code 22-30-22 — Imminent and substantial danger

Federal citations

• 40 CFR 68 — Chemical accident prevention provisions
• 40 CFR 110 — Discharge of oil
• 40 CFR 112 — Oil pollution prevention
• 40 CFR 117 — Determination of reportable quantities for hazardous substances (also known as CWA release reporting)
• 40 CFR 262 — Standards applicable to generators of hazardous waste
• 40 CFR 264 — Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities
• 40 CFR 265 — Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities
• 40 CFR 280 — Technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)
• 40 CFR 302 — Designation, reportable quantities, and notification (also known as CERCLA release reporting)
• 40 CFR 355 — Emergency planning and notification (also known as EPCRA release reporting)
• 40 CFR 403 — General pretreatment regulations for existing and new sources of pollution
• 40 CFR 761 — Polychlorinated biphenyls (PCBs) manufacturing, processing, distribution in commerce, and use prohibition
• 40 CFR 1604 — Reporting of accidental releases