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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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  • 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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  • Underground Storage Tanks in SPCC Plans

    If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in…

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  • Container capacity less than 55 gallons

    Do facilities need to consider containers that are less than 55 gallons for applicability under 40 CFR Part 112? No. The third column of page 47066 of the July 17, 2002 Preamble states that "You need only count containers of 55 gallons or greater in the calculation of the regulatory…

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  • Oil-filled equipment capacity

    When counting against the 1,320 aboveground storage capacity threshold, would operational storage of oil (such as in a hydraulic press) be used? Oil which is contained in equipment is required to be factored into the storage capacity for the facility even though the oil may be only used for ancillary…

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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 your farm does not have fuel storage that will flow into US waters by a ditch, river, stream, or lake, do you have to prepare a SPCC Plan?

    No. EPA suggests you use a common sense approach. If one of your oil storage tanks leaks, and the spilled oil would not flow into navigable waters or adjoining shorelines, you do not have to prepare a Plan. Remember that you still have the responsibility to clean up any spilled…

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  • Ground water pathways related to reasonably expected to discharge

    The SPCC Rule applies to facilities that could reasonably be expected to discharge into navigable waters (40 CFR §112.2(a)). Does a facility need to consider ground water pathways when determining if a discharge of oil could reasonably be expected to reach navigable waters? Owners and operators should consider whether on-site…

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  • SPCC responsibility for tanks on leased property

    What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is…

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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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  • How do I determine if my farm could reasonably discharge oil into or upon navigable waters or adjoining shorelines?

    You can determine this by considering the geography and location of your farm relative to nearby navigable waters (such as streams, creeks and other waterways). You should consider if ditches, gullies, storm sewers or other drainage systems may transport an oil spill to nearby streams. Estimate the volume of oil…

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  • Mixture with oil as an additive (e.g., oil-based paint)

    SPCC applicability thresholds for aboveground and completely buried oil storage capacities are established in 40 CFR §112.1(d)(2). If a facility has a tank that contains a mixture with oil as an additive, such as oil-based paint, should the entire mixture be counted towards a facility’s threshold capacity? Yes; if a…

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  • Do service tanks on service trucks or pickups count in the calculation of the total storage on the farm?

    Yes, you should include fuel tanks mounted on trailers, fuel trucks used exclusively on the farm and tanks in pickups toward the overall threshold of 1,320 gallons. Also, count 55-gallon drums, but don’t count any container smaller than that.

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  • Is my farm covered by SPCC?

    For updated information on the WRRDA changes to farm applicability see the new farm fact sheet (PDF) .

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