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  • How often does a facility need to complete an oil spill response training under the FRP requirements?

    Facilities subject to the Facility Response Plan (FRP) regulations in 40 CFR Part 112, Subpart D are required to develop a facility response training program to train those personnel involved in oil spill response activities (§112.21(b)). How often does a facility need to complete an oil spill response training under…

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  • What is a significant and substantial harm facility?

    Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…

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  • How long will it take?

    The expectation is for cleaning to take less than one day. The duration will be dependent on the size of the structure and the scope of work.

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  • Do I need to leave my structure during the cleaning?

    While it is strongly recommended that you leave the property during the cleaning, you are not required to do so.

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  • What is EPA’s role?

    EPA will provide oversight of the cleaning.

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  • What about cleaning basements or attics?

    Basements or attics will be considered for cleaning if they are finished and habitable areas.

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  • PE certification for an FRP if an SPCC impracticability determination is made

    If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…

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  • Will there be photos and videos taken of my property?

    Yes, photos and videos of your property will be taken as a requirement of the program. This is done to ensure that the conditions of the property both pre- and post-cleaning are documented thoroughly.

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  • Elements to include in Facility Response Plan

    What key elements should I include in my Facility Response Plan? As you prepare your FRP, be sure that your plan includes the following elements: Emergency Response Action Plan (an easily accessible stand-alone section of the overall plan) including the identity of a qualified individual with the authority to implement…

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  • What are the FRP recordkeeping requirements?

    What FRP recordkeeping requirements must I satisfy? You must maintain the response plan at your facility, along with plan updates reflecting material changes. You must also keep a log of response training drills and exercises. Records of inspections of response equipment must be kept for five years. If you determine…

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  • Under FRP, what is the definition of a qualified individual?

    The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…

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  • Who will conduct the cleaning?

    Cleaning will be performed by workers contracted by Norfolk Southern who are trained and experienced with structure cleaning. Cleaning teams will wear the following: badges, identification clothing, safety vest, shoe covers, gloves (when appropriate for the task), and face coverings (upon request by the property owner or renter).

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  • How can we be assured that this cleaning will remove any persistent hazardous material or substances?

    Based on air monitoring and sampling conducted in and around the community, there is no evidence to suggest there is contamination of concern inside structures.

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  • Hunting season is underway, is it ok to eat wild game meat harvested from the local area?

    There is no evidence to indicate there are any human health risks resulting from the train derailment that would limit eating wild game. To learn about other advisories or notices unrelated to the incident, contact the agency listed on your hunting license.

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  • FRP Site Plans with Varying Storage Contents

    The Facility Response Plan regulations require subject facilities to prepare and maintain a site plan diagram that includes, among other things, the contents of bulk oil storage tanks, drum oil storage areas, and surface impoundments ( 40 CFR Part 112 Appendix F ). When the contents of these storage units…

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