Notice2024-11862
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Clean Water Act
Primary source
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Published
May 30, 2024
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Page 46908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11862]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
and the Clean Water Act
On May 23, 2024, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of Ohio in the lawsuit entitled The State of Ohio and The
United States of America v. Norfolk Southern Railway Company, et al.,
Case No. 4:23-cv-00517.
The proposed Consent Decree settles claims brought by the United
States under sections 309 and 311 of the Clean Water Act (``CWA''), 42
U.S.C. 1311 and 1321 and sections 107 and 113 of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9607 and 9613, against Norfolk Southern Railway Company and
Norfolk Southern Corporation (``Defendants'') related to the February
3, 2023 train derailment in East Palestine, Ohio. The proposed Consent
Decree would require Norfolk Southern: (i) to reimburse all CERCLA and
CWA section 311 response costs incurred by the United States; (ii) pay
a civil penalty of $15 million for violating CWA sections 301 and 311;
(iii) establish a $25 million community health program for qualifying
members of the public impacted by the derailment; (iv) implement an
array of specified rail safety procedures; (v) develop and adopt
programs for coordination of rail track restoration and vent and burn
procedures; (vi) implement a $6 million local waterways remediation
plan; (vii) pay $175,000 for natural resource damages; and (viii)
implement compliance and future monitoring requirements in the various
work plans approved under EPA's Unilateral Administrative Orders and
CWA Order.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to The State of Ohio and The United States of America
v. Norfolk Southern Railway Company, et al., D.J. Ref. No. 90-11-3-
12792. All comments must be submitted no later than 30 days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#f5858097969a9898909b81d8909086db909b8791b58086919a9fdb929a83"><span class="__cf_email__" data-cfemail="45353027262a2828202b31682020366b202b3721053036212a2f6b222a33">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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Any comments submitted in writing may be filed by the United States
in whole or in part on the public court docket without notice to the
commenter.
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. If you require assistance
accessing the consent decree, you may request assistance by email or by
mail to the addresses provided above for submitting comments.
Laura Thoms,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-11862 Filed 5-29-24; 8:45 am]
BILLING CODE 4410-15-P
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