[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 [www.gpo.gov]
[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

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                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.

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                    (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