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  • How is waste leaving the derailment site tracked?

    EPA on-scene coordinators are assigned to track liquid–and solid–waste trucks entering and leaving the derailment site. They log every truck, oversee the loading and covering of waste, truck washing and weighing, and the proper placement of placards. Responders take pictures throughout the process. All trucks go to approved and regulated…

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  • What is a reactive and non-reactive solid EHS?

    Reactive solid means any extremely hazardous substance denoted with “a” in the “Notes” column in Appendix A or B of 40 CFR 355. Reactive solids are more likely than other solids to be dispersed into the air due to the energy or heat created from their reactivity with water or…

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  • How did states form their SERCs?

    How are States expected to form their State Emergency Response Commission (SERC) as required under Title III? States are required to establish a State Emergency Response Commission (SERC) under Title III. The SERC may consist of existing emergency response organizations or may be an entirely new mechanism to address this…

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  • Pesticide applicator quantity applied to threshold or transportation exemption

    A farmer contracts with an applicator to spray pesticides on his fields. The applicator drives a tank truck onto the farmers' field and sprays the pesticide from the truck onto the fields. For purposes of Section 302 emergency planning requirements, are the EHSs in the truck considered present at the…

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  • State refusing to comply with the emergency planning provisions

    What will happen if a State refuses to comply with the emergency planning provisions? A governor who does not designate a State emergency response commission becomes the commission by default. While the governor could choose not to fulfill any of the Title III provisions, the public could still request information…

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  • Section 302 notification requirements and mixtures with unknown components

    Are facilities exempt from Section 302 notification requirements if they produce, use, or store mixtures whose extremely hazardous substance component information is not available on the MSDS provided by the manufacturer? If the facility which produces, uses, or stores mixtures knows or reasonably should know the components of the mixture…

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  • Obtaining an RMP ID Number

    How can a facility subject to the Risk Management Plan (RMP) requirements obtain its RMP ID number? The owner or operator of a regulated RMP facility that has already submitted an RMP, may obtain the facility's identification number (RMP ID Number) by contacting the RMP Reporting Center (703-227-7650). An RMP-covered…

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  • What happens after the track work is completed?

    The track work has been the highest priority to remove most contamination as early as possible. This, plus preventing the spread of contamination by capturing water from the site and constructing a bypass of Sulphur Run around the site will continue into June. While track work and water management continue…

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  • Does EPA have enforcement authority for the risk management program regulations?

    Yes. Under §113 of the CAA, the Agency has the authority to bring administrative and judicial actions against violators. Judicial actions can be civil and criminal in nature. Section 113(a)(3) authorizes the Agency to order violators to comply with the risk management program regulations. Under section 113(b), the Agency may…

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  • Criteria for selecting stationary sources to audit

    What criteria will be used to select stationary sources for periodic compliance audits of risk management plans (RMPs) submitted under 40 CFR Part 68, Subpart G? The implementing agency will, according to the regulations at 40 CFR §68.220(b), select stationary sources for audits based on any of the following criteria…

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  • Is there a citizen suit provision applicable to RMP?

    Is there a citizen suit provision applicable to CAA §112 and the risk management program rule? Yes, section 304 of the CAA includes a citizen suit provision for violations of emission standards or limitations promulgated under the Act.

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  • How may state and local rules be more stringent?

    In what ways may state and local rules be more stringent? Does this document ( General Risk Management Program Guidance ) provide guidance on state and local differences? States and localities may impose more detailed requirements, such as requiring more documentation or more frequent reporting, specifying hours of training or…

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  • What does the on-site wastewater treatment process on site entail?

    EPA has approved a workplan to allow Norfolk Southern to treat hazardous wastewater on-site, removing vinyl chloride and other contaminants to dispose of the treated wastewater off-site as a non-hazardous waste. Currently, the train derailment site generates nearly one million gallons of wastewater per week from the collection of stormwater…

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  • Where is the treated wastewater going?

    The wastewater treatment system removes derailment contaminants using several steps, including sedimentation and filtration. The treated wastewater is then tested to verify vinyl chloride is below the drinking water standard. Once treated, water is sent to facilities certified to accept non-hazardous wastewater and that are regulated by federal and state…

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  • Are there health risks to driving through Taggart Street?

    There are no anticipated health risks along Taggart Street associated with project activities. As work proceeds, to ensure worker and community safety, the Unified Command will continue to evaluate site conditions for health and safety considerations. While traffic will be able to proceed through the work areas along Taggart Street…

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