Presidential DocumentExecutive Order 141082023-21174
Ensuring the People of East Palestine Are Protected Now and in the Future
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Published
September 26, 2023
Signed
September 20, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Presidential Documents]
[Pages 66265-66268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21174]
[[Page 66263]]
Vol. 88
Tuesday,
No. 185
September 26, 2023
Part IV
The President
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Executive Order 14108--Ensuring the People of East Palestine Are
Protected Now and in the Future
Presidential Documents
Federal Register / Vol. 88 , No. 185 / Tuesday, September 26, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 66265]]
Executive Order 14108 of September 20, 2023
Ensuring the People of East Palestine Are
Protected Now and in the Future
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Purpose. On the evening of February 3, 2023,
a Norfolk Southern Railway Company (Norfolk Southern)
train carrying hazardous materials derailed in the
Village of East Palestine, located in Columbiana County
in the State of Ohio. At least 11 rail cars contained
hazardous materials, including vinyl chloride, ethylene
glycol monobutyl ether, ethyl-hexyl acrylate, butyl
acrylates, benzene residue, and isobutylene. Some cars
caught fire, and some spilled their loads onto the
ground. These substances traveled into local waterways,
including Sulphur Run and Leslie Run, and flowed miles
downstream. The Village's fire department and several
other fire departments responded. On the evening of
February 5, 2023, responders observed a dramatic
temperature increase in a derailed tanker rail car.
Norfolk Southern expressed serious concern that the
temperature change could lead to a catastrophic tanker
rail car failure, which could cause an explosion with
the potential of deadly shrapnel traveling up to 1
mile. The incident commander on the scene determined
that the safest course of action was to conduct a
controlled release of the chemicals.
It is critical that Norfolk Southern continue to be
held fully accountable under the law for this disaster,
and continue to provide resources to address the
effects in East Palestine and surrounding communities.
My Administration has mobilized a robust, multi-agency
effort to support the people of East Palestine, Ohio,
and surrounding communities. Within hours of the
Norfolk Southern train derailment, the Environmental
Protection Agency (EPA) deployed a team to East
Palestine to support State and local emergency and
environmental response efforts. On February 21, 2023,
EPA issued a Unilateral Administrative Order (UAO) for
Removal Actions pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA), as amended, 42 U.S.C. 9606(a). Pursuant to
the UAO, EPA is directing and supervising the cleanup
to protect the health, safety, and future of the East
Palestine community and other affected communities.
Norfolk Southern and its contractors are performing the
cleanup under the UAO. Since February 21, 2023, working
closely with Federal, State, and local partners, EPA
has led and continues to lead cleanup efforts, air
quality monitoring, soil sampling, and water sampling
to ensure the protection of human health and the
environment, keep residents of East Palestine and
nearby areas of Ohio and Pennsylvania updated on these
and other ongoing efforts, and, importantly, hold
Norfolk Southern fully accountable under CERCLA for the
cleanup operation. More than 115,000 tons of
contaminated soil and more than 33 million gallons of
contaminated liquid have been shipped offsite for
disposal. The EPA has built and manages an extensive
air monitoring and sampling network that uses several
different technologies and approaches to provide
separate and redundant sources of data on air quality
at the derailment site and throughout the area. In
addition to monitoring, EPA's network continues to
conduct analytical air sampling at many locations in
the affected areas. Together, these efforts are
designed to ensure that contamination from the site
does not enter nearby communities. To date, EPA has
collected more than 18,000 air samples and more than
3,000
[[Page 66266]]
soil samples. The EPA's State and local partners have
collected more than 425 monitoring-well samples and
more than 3,200 surface water samples, and have
conducted 31 rounds of drinking water sampling.
Available data show that no contaminants of concern
have been detected at levels of concern in the air in
the affected communities at sustained levels since the
evacuation order was lifted. Almost no contaminants of
concern have been detected at levels of concern in
water in surface streams since early May of 2023.
Treated municipal drinking water shows no detection of
contaminants associated with the derailment. To date,
sampling indicates that residential groundwater wells
have not been affected by chemicals associated with the
derailment.
The Department of Transportation (DOT) has been
coordinating with and supporting the National
Transportation Safety Board (NTSB) to investigate the
derailment. Officials from two DOT agencies, the
Federal Railroad Administration (FRA) and the Pipeline
and Hazardous Materials Safety Administration (PHMSA),
also arrived on the scene within hours of the incident
to investigate the causes of the derailment. The FRA is
also assessing Norfolk Southern's compliance with rail
safety regulations and scrutinizing Norfolk Southern's
overall safety culture. The Federal Emergency
Management Agency (FEMA) provided incident management
and outreach support on the ground in East Palestine
and has been closely coordinating with the Ohio
Emergency Management Agency in furtherance of the
multi-agency response and recovery effort. The
Department of Health and Human Services (HHS),
including through the Centers for Disease Control and
Prevention (CDC) and the Agency for Toxic Substances
and Disease Registry, have also responded, including by
deploying a team to conduct public health testing and
assessments in the affected areas. The team has
supported Federal, State, and local officials already
on the ground to evaluate individuals who were exposed
or potentially exposed to chemicals and help ensure
timely communications to the public.
My Administration is committed to supporting the people
of East Palestine and all those affected in surrounding
areas of Ohio and Pennsylvania every step of the way,
and continuing to hold Norfolk Southern fully
accountable under the law.
Sec. 2. Policy. It is a continuing priority of my
Administration to hold Norfolk Southern fully
accountable under the law for this disaster and any of
its long-term effects and to provide additional Federal
assistance that the affected States, the people of East
Palestine, and all those affected in surrounding
communities may need.
Sec. 3. Federal Implementation. (a) The Department of
Homeland Security, EPA, DOT, FEMA, FRA, PHMSA, and HHS
are directed to use their authorities and available
resources as appropriate to advance the policy
established in section 2 of this order.
(b) Within 5 days of the date of this order,
pursuant to section 503(b) of the Homeland Security Act
of 2002, as amended (6 U.S.C. 313(b)), the Secretary of
Homeland Security, through the Administrator of FEMA,
shall designate a Federal Disaster Recovery Coordinator
(Coordinator) to oversee long-term recovery efforts in
the affected communities and conduct a comprehensive
assessment of unmet needs of the affected communities
in recovering from the derailment beyond the cleanup
work directed by EPA. The Coordinator shall identify,
in partnership with the State and East Palestine
community, any unmet needs that are not addressed by
Norfolk Southern and would qualify for Federal
assistance, and shall immediately notify the relevant
executive department or agency. The Coordinator shall
repeat this assessment should Norfolk Southern stop
meeting needs that it is currently addressing.
(c) The State of Ohio's request for a major
disaster declaration pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as
amended, 42 U.S.C. 5121 et seq. (Stafford Act), shall
be held in abeyance to allow the State time to submit
information on needs that may arise
[[Page 66267]]
in the future and cannot be addressed by Norfolk
Southern, State, and local governments and therefore
require Federal assistance under the Stafford Act. If
the Administrator of FEMA receives such information
from the State, including with respect to a change in
the nature of assistance provided by Norfolk Southern,
the Administrator shall immediately assess and submit a
recommendation on whether a major disaster declaration
is warranted.
(d) The EPA shall continue to direct removal of
contaminated soils and wastewater from the site. The
EPA shall also ensure that any remaining contamination
in surface stream sediments is addressed and that air
and water monitoring continue. Within 30 days of the
date of this order, EPA shall submit a report to the
President on the cleanup efforts and whether Norfolk
Southern continues to comply with EPA's UAO to address
the imminent and substantial endangerment its
derailment caused. The report shall also explain the
status of air, soil, surface water, groundwater, and
drinking water sampling and monitoring. The EPA shall
submit an updated report to the President every 60 days
thereafter until all cleanup, assessment, and
monitoring work required by EPA's UAO has been
completed.
(e) Within 60 days of the date of this order, HHS
shall submit a report to the President that summarizes
key conclusions from the public health testing and
assessments that have been conducted to date and the
resources HHS and the CDC have provided to address any
health conditions related to the derailment.
(f) In coordination with the affected States, HHS
shall continue to monitor the public health
consequences of the derailment, including any long-term
health issues in the affected communities. Based on
that monitoring, and based on the development of any
acute medical conditions related to the derailment, the
Secretary of Health and Human Services shall consider
whether the circumstances warrant a declaration of a
public health emergency under 42 U.S.C. 247d and, if
the Secretary makes such a declaration, the Secretary
shall exercise all appropriate authorities made
available by such a declaration. The Administrator of
EPA shall also consider, in consultation with HHS,
whether the circumstances constitute a public health
emergency under 42 U.S.C. 9604(a).
(g) The HHS shall provide technical assistance to
the States of Ohio and Pennsylvania in the event that
either State considers submitting a proposal for
services through the Medicaid program for individuals
affected by the derailment, such as an experimental,
pilot, or demonstration project under 42 U.S.C. 1315.
(h) Within 60 days of the date of this order, DOT
shall submit a report to the President on the actions
that DOT is taking in light of the East Palestine train
derailment. This report shall be updated within 120
days of the final NTSB investigation; the updated
report shall include DOT's preliminary set of follow-on
actions, which could include rulemakings, inspection
activities, or other actions to ensure accountability.
Should the Congress provide DOT with broader
authorities than now exist, such new authorities shall
be identified and timelines established for action.
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 66268]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
September 20, 2023.
[FR Doc. 2023-21174
Filed 9-25-23; 11:15 am]
Billing code 3395-F3-P
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