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  • Criteria for oil production facilities to be qualified facilities

    Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities, must meet the criteria in §112.3(g)(1) or (2) to…

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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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  • 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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  • 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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  • 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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  • SPCC compliance dates for farms

    What are the Spill Prevention, Control, and Countermeasure (SPCC) compliance dates for farms? On November 22, 2011, EPA amended the date by which certain farms must prepare, or amend, and implement their SPCC Plans to May 10, 2013 to comply with SPCC rule amendments promulgated since July 2002 ( 76…

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  • Interested in voicing your opinions and concerns related to the derailment?

    A team of engineering and public affairs researchers from the University of Illinois Chicago, Cleveland State University, and Purdue University are conducting a study to understand community members’ experiences and perceptions related to water, home, and environmental impacts after the East Palestine train derailment. If you’d like to participate, sign-up…

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  • What projects has EPA been involved with in Butte related to the Superfund site?

    A variety of actions and activities have been implemented to address the contamination in Butte, including: Assessments of risk have been conducted to quantify actual and potential human health risks due to potential exposure to tailings, waste rock, yard soils, indoor dust, attic dust, mercury vapor, surface water, and ground…

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  • Why were the consent decree negotiations under a confidentiality order?

    The confidentiality order was issued by the federal district court in 2002 to encourage and facilitate settlement negotiations. The court determined that the confidentially order was appropriate to ensure that the parties were afforded the opportunity to engage in frank, open discussion so that litigation could be settled promptly and…

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