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  • May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel. A comparable provision appear in the RFS1 regulations, at…

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  • May I generate RINs for renewable fuel that I produced and sold for non-motor vehicle use in the past so that I can reinstate those RINs under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. RINs that were previously generated in 2009 and 2010 may be reinstated if they were retired for non-motor vehicle use. However, RINs may not be generated for renewable fuel produced in the past in order to retire…

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  • Will there be an increase in turbidity (cloudiness or muddiness) or silt in the streams?

    The increased flow from this work is expected to be minimal and should not impact turbidity or silt.

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  • Will returning the natural flow of water to Sulphur Run disturb areas with sheen?

    Conditions in the streams are much improved because of previous cleanup work conducted in 2023. Although oily sheens remain, they are settled in the sediment and do not impact surface water unless disturbed. The increased water flow to Sulphur Run will be minimal and is not expected to disturb sheen…

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  • What changes did EPA finalize to the SPCC Rule in December 2006?

    The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…

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  • SPCC change in ownership

    If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…

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  • Liability of oil retailers at SPCC regulated farm

    If a farm is out of compliance of Spill Prevention, Control, and Countermeasure (SPCC) regulations and is checked by EPA and/or has a spill, is the retailer that filled the tank liable? No, EPA considers the oil tank owner responsible for lack of compliance.

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  • In addition to 2009 RINs, may a party reinstate 2008 and 2010 RINs that were retired for non-road use under RFS1?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), any 2009 RINs that were retired for non-motor vehicle, heating oil or jet fuel use under RFS1 may be reinstated under RFS2. The regulations do not allow 2008 RINs to be reinstated. Since RFS1 RINs…

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  • How does a retiring party reinstate RFS1 RINs that were retired because renewable fuel was ultimately used for non-motor vehicle, heating oil or jet fuel purposes? What steps are required to be taken and do any codes require changing?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1429(g), parties may reinstate 2009 RINs that were retired under RFS1 because the renewable fuel was ultimately used in a non-motor vehicle application, heating oil or jet fuel. As stated in question 11.1, since RFS1 RINs…

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  • When can we access the streams again?

    The upcoming cleanup efforts will focus on oil-based compounds which, based on recent sampling, are the only derailment-related contaminants remaining in the creeks. Please obey all posted signage and continue to avoid access in Sulphur and Leslie Runs until further notice.

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  • What is the status of the cleanup at the site?

    In October 2023, it was announced that the excavation work, which removed the known areas of contaminated soil at the derailment site, was complete. The soil double-check work has been ongoing for months and is expected to continue into the fall. The timeline of our expected completion plans for final…

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  • Why collect the rainwater and snowmelt around the derailment site?

    Until excavation work and confirmatory sampling are completed, any wastewater collected from the derailment site is considered a “listed hazardous waste” because it may have come into contact with vinyl chloride or other hazardous contaminants from the derailment. Even though the soil contamination has been removed, our double-check work is…

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  • What has changed?

    For the past several months as the collected wastewater has gone through the system, sample results have shown that the wastewater meets the standards set for vinyl chloride and other derailment-caused contaminants without treatment, meaning it can be disposed of as non-hazardous waste. Testing of the collected wastewater will continue…

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  • PE certifying a technical amendment

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…

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  • What is the status of the cleanup work in the streams?

    There is still more work to be done in Leslie and Sulphur Runs. EPA and Ohio EPA are reviewing the Norfolk Southern sediment mitigation workplan. More cleaning will likely start before April and is expected to continue through July.

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