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East Palestine, Ohio Train Derailment
Total results: 148
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Displaying 1 - 15 of 16 results
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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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Are permit applicants required to adopt the Promising Practices?
EPA is not requiring permit applicants to adopt the Promising Practices. Promising Practices are simply that: good ideas in the form of suggestions to permit applicants. Permit applicants may benefit from applying these Promising Practices. EPA hopes that when permit applicants practice early and meaningful dialogue with the community, they…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Does EPA Actions apply to permits that are jointly issued by EPA and a state, tribal, or local permitting authority with partially delegated permitting authority?
EPA regional offices will decide whether a permit that EPA jointly issues with a state, tribal, or local permitting authority should be considered for prioritization for enhanced outreach as described in EPA Actions on a case‐by‐case basis. EPA will take into account its role and authority in issuing the specific…
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Why doesn’t EPA do enhanced outreach for every permit?
Robust public outreach and engagement can consume a substantial amount of resources from all stakeholders in a permitting process and would not be warranted for every permit action. EPA recognizes that its regional offices cannot enhance engagement for every EPA‐issued permit and that overburdened communities might be overwhelmed with process…
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How will an EPA regional office determine whether a permitted activity may have significant public health or environmental impacts?
Permit applications provide information on the proposed project consistent with the requirements of particular statutes and regulations. EPA may also do its own assessment of the environmental and public health impacts of a proposed project, using modeling and monitoring data for example. Such information would inform an EPA regional office’s…
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How will EPA Actions apply to EPA‐permitted activities that may impact multiple EPA regions?
A permitted activity could potentially impact an area that straddles two or more EPA regions. The EPA region where the permitted activity is located usually has the lead for issuing the permit. EPA regions with the lead for issuing the permit routinely engage other regions impacted by the permitted activity…
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Will EPA provide incentives to permit applicants who adopt Promising Practices, like an expedited permit process?
EPA is not providing incentives to permit applicants who adopt the Promising Practices, such as an expedited permit process. Nevertheless, permit applicants should be aware of the many benefits that can accrue to them if they adopt the Promising Practices to create a constructive dialogue with the community in which…
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What is EPA’s response to inaccurate claims about its use of ASPECT?
The characterizations of EPA’s ASPECT response in East Palestine are false. More information can be found about ASPECT’s response in the . EPA Region 5 requested ASPECT to fly to East Palestine late in the day on February 5, 2023. As soon as the request was made, the aircraft was…
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If a permit is prioritized for enhanced outreach, does this mean that EPA will require stricter emission or discharge limits, or deny a permit?
An EPA regional’ office’s decisions on whether to issue a permit and, if so, the conditions to impose within a permit are distinct from the EPA regional office’s decisions about the outreach EPA may perform during the permitting process. EPA’s decisions on whether to issue a permit and what permit…
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What is being tested for in EPA’s air testing program?
Seventy-five different chemicals are tested for on the derailment site and around East Palestine. The air monitoring and sampling network includes 9 monitoring stations, 8 sampling stations, a MINICAM van, and the PTR-MS laboratory vans.
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If an EPA regional office finds that a permit may not have significant public health or environmental impacts, or may not impact an already overburdened community, can the permit still be prioritized for enhanced outreach? Will the permit receive any outreach at all?
EPA regional offices have the discretion to use other considerations to prioritize EPA‐issued permits for enhanced outreach that do not meet either or both of those criteria. One important consideration would be whether a community has expressed concerns over a permit application or renewal. EPA regional offices may consider prioritizing…
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If EPA is not changing the permitting process, why did EPA issue EPA Actions and associated regional implementation plans?
EPA is issuing EPA Actions to better meet its responsibilities under Executive Order 12898 by increasing meaningful engagement of overburdened communities in EPA’s permitting process in a way that is transparent and provides national consistency while maintaining some regional flexibility. As some commenters noted, EPA already has a legal obligation…
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Do EPA Actions or the Promising Practices impact any obligations the States may have under Title VI of the Civil Rights Act of 1964 and other non‐discrimination statutes?
As recipients of federal financial assistance, States have affirmative obligations under Title VI of the Civil Rights Act of 1964 and other non‐discrimination statutes. This notice does not address or modify those obligations. For further information about the obligations under these statutes, please refer to EPA’s Guidance to Environmental Protection…
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