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  • Determining frequency of coordination activities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if coordination activities should occur more often than annually? Ultimate responsibility…

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  • Who Must Develop an Emergency Response Program?

    The risk management program regulations require the owner or operator of a covered stationary source to develop and implement an emergency response program as described in 40 CFR §68.95, which must include an emergency response plan, emergency response equipment procedures, employee training, and procedures to ensure the program is up-to-date…

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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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  • 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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  • What is the status of the cleanup work in the streams?

    There is still more work to be done in Leslie and Sulphur Runs. EPA and Ohio EPA are reviewing the Norfolk Southern sediment mitigation workplan. More cleaning will likely start before April and is expected to continue through July.

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  • Remote coordination with local authorities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…

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  • Products authorized for use on oil discharges

    Does EPA maintain a list of products that are authorized for use on oil discharges? If so, how can a manufacturer have their product included on the list? Section 311(d)(2)(G) of the Clean Water Act (CWA) directs EPA to prepare a schedule of dispersants, other chemicals, and oil spill mitigating…

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  • Emergency Response Coordination Activities Effective Date

    The RMP Amendments finalized on January 13, 2017 included a requirement for owners or operators of a stationary source to engage in emergency response coordination activities (40 CFR §68.93). The regulatory text in 40 CFR §68.10(b) states that compliance with these activities must be completed by March 14, 2018. Because…

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  • When will water no longer need to be collected to be returned to Sulphur Run?

    We anticipate in the next two-to-four weeks, this work will start in sections of the derailment site. Soil analysis during the double-check phase is needed to remove the hazardous waste listing from the collected wastewater. Data are showing that water flowing over or through sections of the derailment area do…

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  • Why treat the collected water?

    Water collected at the site has the potential to have come into contact with vinyl chloride and other contaminants from the derailment. After the collected wastewater is treated it is then tested, and if it is not hazardous, can be disposed of as non-hazardous waste.

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  • Are exercises required as a part of the emergency response program requirements under 40 CFR Part 68, Subpart E?

    Yes. At least once each calendar year, the owner or operator of a stationary source with any Program 2 or Program 3 process must conduct an exercise of the stationary source's emergency response notification mechanisms per 40 CFR 68.90(b)(3) or 68.95(a)(1)(i), as appropriate, before December 19, 2024, and annually thereafter…

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