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EO 14108Executive OrderBiden · D

Executive Order 14108

Ensuring the People of East Palestine Are Protected Now and in the Future

This executive order directs multiple federal agencies to continue response and recovery efforts following the February 2023 Norfolk Southern train derailment in East Palestine, Ohio. It establishes a Federal Disaster Recovery Coordinator, mandates regular reporting on cleanup and public health, holds a major disaster declaration request in abeyance, and requires agencies to consider whether circumstances warrant a public health emergency declaration.

Federal Register Open PDF 88 FR 66265

Impact dates

  1. DOT submits updated report within 120 days of final NTSB investigation

  2. HHS submits report on public health testing and assessments

  3. DOT submits report on actions taken in light of derailment

  4. EPA submits updated report (first 60-day update)

  5. EPA submits updated report every 60 days until UAO work completed

  6. EPA submits initial report to President on cleanup and Norfolk Southern compliance

  7. FEMA designates Federal Disaster Recovery Coordinator

Key directives

  • DHS through FEMA to designate Federal Disaster Recovery Coordinator within 5 days
  • Coordinator to assess unmet needs beyond EPA-directed cleanup and notify relevant agencies
  • Ohio's major disaster declaration request held in abeyance pending additional State information
  • EPA to continue directing contaminated soil and wastewater removal and ensure surface stream sediment remediation
  • EPA to submit report to President within 30 days on cleanup and Norfolk Southern UAO compliance
  • EPA to submit updated reports every 60 days until all UAO-required work completed
  • HHS to submit report within 60 days summarizing public health testing conclusions and resources provided
  • HHS to continue monitoring public health consequences and consider public health emergency declaration under 42 U.S.C. 247d
  • EPA Administrator to consider whether circumstances constitute public health emergency under 42 U.S.C. 9604(a) in consultation with HHS
  • HHS to provide technical assistance to Ohio and Pennsylvania for potential Medicaid demonstration projects under 42 U.S.C. 1315
  • DOT to submit report within 60 days on actions taken
  • DOT to submit updated report within 120 days of final NTSB investigation with preliminary follow-on actions including potential rulemakings

Who is ordered

Timeline

Immediate

  • FEMA Administrator to designate Federal Disaster Recovery Coordinator within 5 days
  • Coordinator to conduct comprehensive assessment of unmet needs
  • EPA to continue directing removal of contaminated soils and wastewater

Near term (90d)

  • EPA to submit initial report to President on cleanup efforts and Norfolk Southern compliance within 30 days
  • HHS to submit report on public health testing and assessments within 60 days
  • DOT to submit report on actions taken in light of derailment within 60 days
  • EPA to submit updated report every 60 days until cleanup completed

Long term

  • DOT to submit updated report within 120 days of final NTSB investigation
  • Ongoing air water and soil monitoring until cleanup completed
  • Potential public health emergency declaration if warranted by circumstances
  • Potential major disaster declaration if Ohio submits additional information
  • Potential Medicaid demonstration projects for affected individuals

Risks & tensions

  • Abeyance of major disaster declaration may delay federal assistance if Norfolk Southern stops meeting needs or State fails to submit timely information
  • Vague trigger for repeated needs assessment by Coordinator ('should Norfolk Southern stop meeting needs') creates uncertainty about monitoring frequency
  • No hard deadline for final NTSB investigation, making DOT's 120-day follow-on report timeline indeterminate
  • Public health emergency declaration language is discretionary ('consider whether circumstances warrant') with no binding trigger
  • EO explicitly subject to 'availability of appropriations' which may limit implementation if Congress does not fund
Executive Order 14108: Ensuring the People of East Palestine Are Protected Now and in the Future · Executive Orders