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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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  • 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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  • Visit and examination requirements for SPCC self-certification

    Pursuant to 40 CFR §112.6, the owner or operator of a facility that meets the criteria in §112.3(g) for either a Tier I or Tier II qualified facility may self-certify the facility's SPCC Plan. As part of the self-certification, the owner or operator must certify that he or she has…

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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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  • Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?

    The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…

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  • What is the Confidentiality Order?

    The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…

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  • How does EPA ensure that the potentially responsible parties complete their work?

    All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.

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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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  • Availability of electronic SPCC Plan template

    Part 112, Appendix G to prepare an SPCC Plan. Is the Tier I qualified facility SPCC Plan template available in an electronic version? EPA has made available electronic versions of the Tier I qualified facility Plan template to help the owner or operator of a Tier I qualified facility develop…

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  • How do federal and state agencies get notified of a chemical or oil spill requiring an emergency response?

    By law, companies or individuals who spill hazardous chemicals or oil are required to call the National Response Center (NRC) if the quantity is above reporting limits. The NRC then notifies federal, state and local responders. Most States have additional reporting requirements that are separate from the NRC.

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  • Can you explain who has authority over the active mine vs the Superfund site?

    The Montana Department of Environmental Quality has regulatory authority over the active mine. EPA is the lead agency for the Silver Bow Creek/Butte Area Superfund Site and works in consultation with MDEQ to ensure the cleanup of the Site.

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  • Where can I go to learn more?

    PitWatch.org is the online home of the Berkeley Pit Public Education Committee. This volunteer committee educates residents, students, and the public about the environmental management of the Berkeley Pit.  Information includes the geology, hydrology, current events, and ongoing academic research associated with the Berkeley Pit. This committee frequently shares their…

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  • When will construction begin in the Silver-Bow Creek Corridor?

    Construction in the Silver Bow Creek corridor began in 2024 with the Grove Gulch Project.

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  • Why is the Confidentiality Order important?

    The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…

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