Sec. 170-2-2 - Definitions

§ 170-2-2. Definitions

The following terms shall have the meaning as used in this Rule unless in a context that requires a different meaning:

2.1. "Industrial facility" means:

2.1.a. Any facility that is required to submit a risk management plan to the United States Environmental Protection Agency pursuant to regulations promulgated under Section 112(r) of the Clean Air Act of 1990, 42 U. S. C. § 7412(r), including the property upon which the facility is located and any buildings appurtenant thereto or associated therewith, including storage facilities; or

2.1.b. A facility which is a factory, mill, plant or refinery, other than a coal facility, including the property upon which a factory, mill, plant or refinery is located and any buildings appurtenant thereto or associated therewith, including storage facilities, found by the director to be of a type to have a reasonable potential to have an emergency event and for which the director has provided actual written notice via certified mail, return receipt requested, to the facility's owner or operator of the facility's coverage under this rule and of the obligations imposed by the provisions of W. Va. Code § 15-5B-3a and this rule.

2.2. "Appropriate state and local officials" means the Governor or his or her representative, the Director of the Division of Homeland Security and Emergency Management, a representative designated by the Director of the Division of Homeland Security and Emergency Management who has been trained and qualified by the Federal Emergency Management Agency's (FEMA) National Incident Management System (NIMS) program and/or a representative of a local emergency management agency who has been trained and qualified by FEMA's NIMS program.

2.3. "Director" means the Director of the Division of Homeland Security and Emergency Management.

2.4. "Emergency event" means an unplanned event including, but not limited to: an explosion; a fire that cannot be contained within fifteen minutes of discovery; the release of a reportable quantity, as specified in 40 C. F. R. § 302 (2009) or its successor or by the director through this rule, of an extremely hazardous substance listed in the appendices to 40 C. F. R. § 355 (2009) or its successor; loss of life or serious personal injury as defined by 29CFR1910 at an industrial facility.

2.5. "Unplanned event" means an event that is not otherwise authorized or permitted pursuant to state and/or federal law or a planned event that results in unplanned consequences such as an explosion or fire that cannot be controlled within the parameters set forth for the planned event.

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