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  • Five-Year Accident History for Non-Gas Releases

    Pursuant to 40 CFR §68.42(a), the owner or operator of a stationary source subject to the risk management program regulations must document significant accidental releases of regulated substances from a covered process in the five years prior to the submission of an initial or updated risk management plan (RMP). For…

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  • What level of off-site property damage triggers five-year accident history reporting?

    What level of off-site property damage triggers reporting? Any level of known offsite property damage triggers inclusion of the accident in the five-year accident history. You are not required to conduct a survey to determine if such damage occurred, but if you know, or could reasonably be expected to know…

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  • Do I need to report releases for processes that have shut down?

    A process involving a regulated substance had an accidental release with off-site consequences two years ago. The process has been shut down. Do I have to report anyway? No. The release does not have to be reported in your accident history. Your Risk Management Plan only needs to address operating…

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  • Are releases under prior ownership included in the five-year accident history?

    Documentation of a five-year accident history is required as part of the hazard assessment under 40 CFR Section 68.42. Should a stationary source subject to the risk management program regulations report as part of the five-year accident history any accidents that occurred when the facility was under prior ownership? Yes…

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  • What constitutes "significant property damage on site?"

    Under the hazard assessment requirements at 40 CFR Part 68, Subpart B, the owner or operator of a covered stationary source must document a five-year accident history that includes all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths…

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  • Is the off-site death of livestock considered environmental damage?

    Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including 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…

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  • How is wastewater being collected at the derailment site?

    EPA is ensuring that water coming into contact with the derailment site does not runoff into the surrounding area. Wastewater is generated after rain falls on a contaminated area, and from cleaning and washing trucks before they leave the derailment site. Wastewater is collected with pumps and pipes, and temporarily…

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  • Is there a temporary water treatment system being installed on the site?

    Norfolk Southern has brought in water treatment equipment and made a request to EPA and Ohio EPA to approve a plan for on-site treatment of water that came into contact with contaminated areas. Currently, this water is treated as hazardous waste because it has come into contact with site contamination…

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  • Where are trucks supposed to drive near the derailment site?

    Trucks leaving or entering the site have an approved route. Currently, trucks can travel along East Taggart, North Pleasant, and East Martin. As truck traffic increases, you may notice more trucks along East Martin Street. Also, not all trucks are transporting contaminated material. Some trucks also carry clean material to…

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  • How is solid waste stored on-site before disposal?

    After excavation, solid waste removed from the site is temporarily staged in piles. These piles are securely covered with thick tarps. Liners are also installed below the piles, to help protect the ground underneath them. Berms are also in place to ensure rainwater that falls on the piles is collected…

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  • Differences in accident history between Program 1 eligibility and the hazard assessment

    Program 1 eligibility under 40 CFR §68.10(b) is contingent upon the process not having had an accidental release of a regulated substance that led to offsite death, injury, or response and restoration activities at an environmental receptor within five years prior to the risk management plan submission. Additionally, as part…

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  • Program 1 Five-year Accident History and Hazard Assessment Differences

    Pursuant to the risk management program regulations under 40 CFR §68.10(b), Program 1 eligibility requires that the process has not had an accidental release of a regulated substance that led to off-site death, injury, or response and restoration activities at an environmental receptor within five years prior to the risk…

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  • Inclusion of accidents under different ownership in the accident history

    If a facility has recently changed ownership, is the new facility owner required to include accidents which occurred prior to the transfer of ownership in the accident history portion of the RMP submitted for the facility? Yes, accidents involving covered processes that occurred prior to the transfer of ownership should…

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  • Do I have to include on-site incidents in my accident history?

    If I have a large on-site incident, but no offsite impact, would I have to report it in the five-year accident history? It would depend on whether you have onsite deaths, injuries, or significant property damage. You could have a large accident without any of these consequences (e.g., a large…

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