State sheet · WV
Tier II reporting requirements in West Virginia
- Deadline
- 1 March, yearly
- Takes our file
- No
- Own thresholds
- No — federal
- Fee
- $25 + per chemical
- Filing route read
- 2026-09-11
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How West Virginia takes it
West Virginia requires electronic filing through HazConnect. We have not found anything from the state saying that system imports an EPA Tier2 Submit file, so plan on typing from our worksheet.
This state does not take the file. Our answer works as the worksheet you type from, with the rule behind every number.
The filing is due 1 March each year and covers the calendar year before it. West Virginia does not pass it on for you — we checked. Filing closes the state’s copy only; your local committee and fire department each need their own from you.
Before you send it — what else West Virginia asks for
West Virginia adds no exemptions of its own. The federal ones in EPCRA are the whole list, and the covered facilities are the federal ones. The fee is built up rather than flat. Start at $25 for the site. Add $10 for each hazardous chemical past the first five, and $50 for every extremely hazardous substance on your list. You pay it to the commission by 1 March, like the report. Miss that and a late fee of 20 percent of the total goes on top. The statute caps the annual fee at $2,500 whatever the arithmetic. Two special cases are worth knowing. A town that runs several sites may pay one aggregated fee on a single form. An oil and gas extraction storage operator pays one base fee for up to 35 such sites. What you pay funds planning grants back to the local committees. Registration is a Submit-User account at westvirginia.hazconnect.com, and the SERC is on SERC@wv.gov, 304-957-8367.
Does West Virginia set its own limits?
We have read West Virginia's own code and it uses the federal thresholds. That is a checked answer, not an assumption.
West Virginia keeps the federal numbers — 10,000 lb for a hazardous chemical, and 500 lb or the threshold planning quantity for an extremely hazardous substance, whichever is lower. Its own Act hangs the definition of a covered facility straight onto the federal one and adds no exemptions. The commission may by rule bring in additional facilities after a public comment period, so it is worth a look if you are an unusual site, but nothing we have found says it has done so.
The words we read
W. Va. Code Article 15-5A, the West Virginia Emergency Response and Community Right-to-Know Act, all eight sections read in full 2026-09-11 through the Internet Archive because code.wvlegislature.gov refuses our requests. The article sets no threshold of its own: §15-5A-3(g) defines a covered facility as one “subject to the provisions of 42 U.S.C. §11001, et seq., and this article, pursuant to the provisions of 42 U.S.C. §11002”, which is the federal test unchanged, and §15-5A-1 states the article’s purpose as “to enable and authorize this state to fulfill its obligations under the federal statute”. §15-5A-5(d) leaves the commission a reserve power to “Designate, if necessary, additional facilities which shall be subject to the requirements of this article”, but only “after public notice and opportunity for comment”; that is an authority, not a rule in force, and we have not found a rule made under it. The state’s own SERC pages say on exemptions: “There are no known state exemptions outside of the federal exemptions as defined in EPCRA.”
W. Va. Code §15-5A-1 through §15-5A-8 (read 2026-09-11)
Where we read this
- WV Emergency Management Division (WVSERC), SERC/Tier II pages and the Tier II registration flyer, revised July 2024 (emd.wv.gov), read 2026-09-06: filing is through HazConnect at westvirginia.hazconnect.com, registering as a Submit-User; on exemptions, “There are no known state exemptions outside of the federal exemptions as defined in EPCRA.” Each county is its own emergency planning district, or is combined into a dual LEPC. The SERC is reachable at SERC@wv.gov, 304-957-8367.W. Va. Code Article 15-5A, all eight sections, read in full 2026-09-11 through the Internet Archive because code.wvlegislature.gov refuses our requests (checked against the State Fire Marshal’s copy at firemarshal.wv.gov/media/37336). §15-5A-5(j): the commission shall establish “(2) An inventory form fee not to exceed $2,500 to be paid annually by a facility when it submits the emergency and hazardous chemical inventory forms … and (3) A surcharge fee not to exceed twenty percent of the fee otherwise payable to be paid by facilities which fail to pay the fees … in a timely manner”. §15-5A-5(k) sends that money back out as “an emergency planning grant program … to local emergency planning committees”. §15-5A-3(g) defines a covered facility as one “subject to the provisions of 42 U.S.C. §11001, et seq.” — the federal test, unchanged.55CSR1, the SERC’s legislative rule “Emergency Planning and Community Right-To-Know”, effective 1 July 2026 under W. Va. Code §15-5A-5, read in full 2026-09-11 from the Secretary of State’s Code of State Rules (apps.sos.wv.gov). §55-1-3.2: “The owner or operator of a facility shall prepare and submit hazardous chemical inventory forms to the SERC, the LEPC and the local fire department with jurisdiction over the facility”. §55-1-5: “A base inventory fee of twenty-five dollars ($25.00) for each facility”; “ten ($10) dollars per hazardous chemical for each hazardous chemical in excess of five”, which “does not apply if the hazardous chemical … is also an extremely hazardous substance”; “fifty ($50) dollars per extremely hazardous substance”; for oil and gas extraction storage, “one base inventory fee for reporting up to thirty-five (35)” sites. The fees are “payable to the SERC on or before the first day of March of each year”; late payment draws “a late fee equal to twenty percent (20%) of the total fees due”; the total may not exceed the §15-5A-5(j) ceiling of $2,500. A municipality with two or more sites “may aggregate the fees for all such facilities and remit such fees with one reporting form as though all such facilities constituted a single facility.”Checked 2026-09-11
- W. Va. Code Article 15-5A, the West Virginia Emergency Response and Community Right-to-Know Act, all eight sections read in full 2026-09-11 through the Internet Archive because code.wvlegislature.gov refuses our requests. The article sets no threshold of its own: §15-5A-3(g) defines a covered facility as one “subject to the provisions of 42 U.S.C. §11001, et seq., and this article, pursuant to the provisions of 42 U.S.C. §11002”, which is the federal test unchanged, and §15-5A-1 states the article’s purpose as “to enable and authorize this state to fulfill its obligations under the federal statute”. §15-5A-5(d) leaves the commission a reserve power to “Designate, if necessary, additional facilities which shall be subject to the requirements of this article”, but only “after public notice and opportunity for comment”; that is an authority, not a rule in force, and we have not found a rule made under it. The state’s own SERC pages say on exemptions: “There are no known state exemptions outside of the federal exemptions as defined in EPCRA.”The state’s own code · W. Va. Code §15-5A-1 through §15-5A-8 (read 2026-09-11)
- West Virginia’s own Tier II pageWe can be right today and the state can change tomorrow. This link does not go stale.
If something here is wrong, the checker has a way to tell us on every answer screen. We would rather be corrected than confident.
Find out whether you have to file
Tell us what you keep on site and we work it out against the federal list and West Virginia’s own rules, showing the regulation behind every number.
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