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  • CFAT Impacts on EPCRA and RMP

    The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Clean Air Act section…

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  • EPCRA Reporting Mechanisms for Protecting Sensitive Business Information

    Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…

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  • Will there be an increase in turbidity (cloudiness or muddiness) or silt in the streams?

    The increased flow from this work is expected to be minimal and should not impact turbidity or silt.

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  • Will returning the natural flow of water to Sulphur Run disturb areas with sheen?

    Conditions in the streams are much improved because of previous cleanup work conducted in 2023. Although oily sheens remain, they are settled in the sediment and do not impact surface water unless disturbed. The increased water flow to Sulphur Run will be minimal and is not expected to disturb sheen…

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  • Are landfills covered under Title III of SARA since they are covered by RCRA?

    Yes, landfills are subject to certain Title III requirements. Subtitle A of Title III is intended to identify facilities which present a potential hazard for a chemical emergency and to provide a process for local emergency planning committees to engage with such facilities in determining the significance of the release…

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  • Are mobile boosters eligible for the transportation exemption?

    An oil company owns many wells on an oil field. Each well is on its own plot of land. These plots are not adjacent or contiguous and, therefore, each well is its own facility. When operating these wells, it is sometimes necessary to inject air or gas into the well…

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  • What is the research workshop that National Institutes of Health (NIH) and the national academies are planning in East Palestine and the greater community?

    NIH is putting plans in place to work with the National Academies of Sciences, Engineering, and Medicine to hold a workshop. The purpose of the workshop is to explore potential research priorities to understand the short- and longterm health impacts of the Norfolk Southern Train Derailment. The workshop will be…

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  • Pipeline tanks and the transportation exemption in Title III

    An oil corporation's pipeline facility contains three kinds of tanks. One type is a breakout tank used to receive and store hazardous liquids transported by a pipeline for reinjection and continued transportation by the corporation's pipeline. Another type is used to receive and store hazardous liquid for delivery to pipelines…

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  • What is the status of the cleanup at the site?

    In October 2023, it was announced that the excavation work, which removed the known areas of contaminated soil at the derailment site, was complete. The soil double-check work has been ongoing for months and is expected to continue into the fall. The timeline of our expected completion plans for final…

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  • When can we access the streams again?

    The upcoming cleanup efforts will focus on oil-based compounds which, based on recent sampling, are the only derailment-related contaminants remaining in the creeks. Please obey all posted signage and continue to avoid access in Sulphur and Leslie Runs until further notice.

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  • What has changed?

    For the past several months as the collected wastewater has gone through the system, sample results have shown that the wastewater meets the standards set for vinyl chloride and other derailment-caused contaminants without treatment, meaning it can be disposed of as non-hazardous waste. Testing of the collected wastewater will continue…

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  • Why collect the rainwater and snowmelt around the derailment site?

    Until excavation work and confirmatory sampling are completed, any wastewater collected from the derailment site is considered a “listed hazardous waste” because it may have come into contact with vinyl chloride or other hazardous contaminants from the derailment. Even though the soil contamination has been removed, our double-check work is…

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  • Chemicals in facility pipelines and the EPCRA transportation exemption

    Section 327 of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from any Title III reporting requirement (other than the §304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation. In a final rule promulgated April 22, 1987 ( 52 FR 13378 ), the Agency…

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  • Can members of SERCs and LEPCs be sued?

    What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members? Can the individual members be sued and held liable? The general rule is…

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  • Civil action attorney and court fees, awarding of fines

    A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…

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