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  • How does EPA oversee cleanup at the derailment site?

    EPA leads the Unified Command consisting of different agencies to approve Norfolk Southern’s workplans and weekly activities. EPA also coordinates with other agencies to perform oversight, such as with Ohio EPA, the Columbiana County Health District, and the Pennsylvania Department of Environmental Protection. EPA and Ohio EPA personnel oversee safety…

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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 are the health agencies doing?

    The Centers for Disease Control and Prevention and Agency for Toxic Substances and Disease Registry (ATSDR) are analyzing their Assessment of Chemical Exposure (ACE) survey results to assess the health impacts of the train derailment. CDC and ATSDR continue to support the Ohio and Pennsylvania health departments and will be…

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  • Accidental releases from non-covered processes

    Should the owner or operator include accidental releases from processes containing listed substances below the threshold quantity in the five-year accident history required under the hazard assessment provisions of 40 CFR Part 68, Subpart B, and in the incident investigation requirements under 40 CFR Part 68, Subparts C and D…

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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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  • Accessing RMP Data

    Is Risk Management Plan (RMP) data available to the public and, if so, where can it be found? Risk Management Plans (RMPs) prepared and submitted pursuant to CAA section 112(r) are, by statute, available to the public. Members of the general public may obtain RMP data by visiting a designated…

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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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  • Do I have to report accidents that resulted in medical treatment?

    I had a release where several people were treated at the hospital and released; they attributed their symptoms to exposure. We do not believe that their symptoms were in fact the result of exposure to the released substance. Do we have to report these as offsite impacts? Yes, you should…

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  • Now that the track is rebuilt, what else needs to be done and how long will it take?

    There is still a lot of work to do. Contaminated soil to the north and south of the tracks need to be removed. A full site assessment, including extensive sampling, of areas and properties near the derailment site needs to be conducted. A full assessment of impacted creeks will be…

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  • If there is a government shutdown, will work continue on the cleanup?

    A 45-day continuing resolution was recently passed to avoid a shutdown. EPA’s emergency response efforts, such as in East Palestine, would move forward under a lapse in appropriation. As a result, EPA personnel would continue to fully support those efforts during a lapse.

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  • What is the process for refilling excavated areas at the derailment site?

    Areas that were excavated as part of the derailment cleanup effort will be backfilled with clean soil. Before soil is chosen as backfill it is tested for chemicals and heavy metals. While the source of backfill is still being identified, some areas have been temporarily backfilled with ballast (large gravel)…

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  • What is the definition of "offsite property damage?"

    I am working on the five-year accident history portion of the hazard assessment under the RMP. Section 68.42(a) tells me to include "all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage…

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  • When does the accident history's five-year period begin?

    The hazard assessment requirements under 40 CFR Part 68, Subpart B include provision of a five-year accident history, as specified at §68.42. When does the five-year period to be reported in the accident history begin? The five-year accident history must include information on all accidental releases from covered processes meeting…

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