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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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  • What is defined as a structure (home or place of business)?

    While generally defined as a building, a structure under the structural cleaning program will include only those habitable spaces where indoor occupancy is frequent and regularly occurring on a daily or near-daily basis. Examples of residential structures include primary residences and living spaces, and examples of commercial structures include offices…

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  • Why is cleaning of homes and places of businesses happening?

    Norfolk Southern, with EPA oversight, is providing indoor cleaning to eligible occupants in response to concerns about the impact of the derailment and cleanup work on homes and places of businesses. The cleaning is to address potential dust that may have been generated as part of the train derailment and…

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  • What work still needs to be done at the derailment site?

    Although contaminated soil has been excavated and removed from the derailment site, some additional work remains. Soil sampling continues to check all areas where cleanup operations took place. Stream assessments continue, and culvert clean out has started. Groundwater and drinking water sampling also continues. Expect these investigations and possible additional…

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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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  • Does this mean my home or place of business is contaminated?

    No. However, indoor cleaning is being offered to address potential dust emissions that may have been generated as part of the train derailment and cleanup work. This service is being offered as an additional service to interested members of the community.

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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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