Ensuring the People of East Palestine Are Protected Now and in the Future
Executive Order 14108, titled “Ensuring the People of East Palestine Are Protected Now and in the Future,” directs federal agencies to coordinate a comprehensive, long-term response to the East Palestine train derailment and its aftermath. The order emphasizes holding Norfolk Southern fully accountable and ensuring ongoing cleanup, health monitoring, and recovery for East Palestine and surrounding communities in Ohio and Pennsylvania. It creates a framework for federal oversight, ongoing reporting, and potential expansion of federal assistance if needs emerge, while preserving the existing cleanup under EPA’s CERCLA authority and allowing for future actions by multiple agencies. Key elements include designating a Federal Disaster Recovery Coordinator to oversee long-term recovery and unmet needs; continuing EPA-led cleanup and monitoring with regular reporting; considering, but pausing, a Stafford Act major disaster declaration pending assessment of needs; and requiring targeted reporting and action plans from HHS, EPA, DOT, DHS/FEMA, FRA, PHMSA, and related agencies. The order also authorizes health surveillance, potential public health emergency declarations, and possible Medicaid demonstrations to address affected individuals’ needs, while reaffirming that the order does not create new legal rights.
Key Points
- 1Federal Disaster Recovery Coordinator: Within 5 days, the Secretary of Homeland Security (via FEMA) must designate a Federal Disaster Recovery Coordinator to oversee long-term recovery in the affected communities, assess unmet needs beyond cleanup, and alert relevant agencies as needs arise. The Coordinator will reassess needs if Norfolk Southern ceases to address them.
- 2EPA cleanup and monitoring under CERCLA: EPA continues to direct removal of contaminated soils and wastewater, ensure ongoing cleanup in surface sediments, and maintain air and water monitoring. EPA must report within 30 days on cleanup progress and then every 60 days thereafter, detailing air, soil, surface water, groundwater, and drinking water monitoring, plus Norfolk Southern’s compliance with the response order.
- 3Stafford Act considerations: Ohio’s request for a major disaster declaration under the Stafford Act shall be held in abeyance while authorities assess new or changing needs. If information indicates a major disaster is warranted, the FEMA Administrator must assess and recommend whether to declare one.
- 4Health and public health monitoring: HHS (including CDC/ATSDR) will monitor public health consequences, report within 60 days on health testing and resources provided, and consider whether conditions warrant a public health emergency declaration under 42 U.S.C. 247d, with EPA considering a potential public health emergency declaration under 42 U.S.C. 9604(a). HHS will also provide technical assistance for Medicaid-related pilot or demonstration services if pursued.
- 5Federal agency actions and reporting: DHS, EPA, DOT, FEMA, FRA, PHMSA, and HHS are directed to use their authorities to advance the policy and support long-term recovery. DOT must report within 60 days on actions taken, with an updated report within 120 days after the NTSB final investigation that outlines follow-on actions (e.g., rulemakings or inspections) and timelines for any new authorities.