EPA v. CENTRAL MAINE & QUEBEC RAILWAY US INC

Case summary

On March 20, 2024, EPA and Canadian Pacific Kansas City (CPKC) entered into an agreement to resolve alleged violations of Section 311 of the Clean Water Act (CWA) stemming from two train-derailment oil spills in Maine. EPA alleged that CPKC released a combined total of more than 14,000 gallons of oil into waterways when two of the company's freight trains derailed in Maine less than six months apart. The first train derailment in October 2022 resulted in approximately 1,050 gallons of oil being spilled into an unnamed tributary in LaGrange, Maine that ultimately flows into the Penobscot River. The second derailment occurred in the Sandwich Academy Grant Township near Brassua, Maine in April 2023 and resulted in approximately 13,565 gallons of oil being discharged to an unnamed creek connected to Little Brassua Lake, which ultimately flows into the Kennebec River. The spilled oil created a sheen on surface waters and accumulated on shorelines in both instances. Under the Consent Agreement and Final Order, which initiated and concluded EPA's enforcement action simultaneously, CPKC will pay a $16,544 penalty and perform a Supplemental Environmental Project (SEP). CPKC will be spending at least $40,240 on its SEP to purchase and donate emergency response equipment to the local fire department that first responded to the Brassua spill. EPA consulted with the Maine Department of Environmental Protection and performed Tribal outreach on this matter.

Defendants (1)

• CENTRAL MAINE & QUEBEC RAILWAY US INCNamed in complaintNamed in settlement

Facilities (2)

• CANADIAN PACIFIC KANSAS CITY LTD SPILL - LAGRANGE MAINE

  OFF HIGHWAY 6, LAGRANGE, ME, 04453

  Registry ID: 110071706004

• CANADIAN PACIFIC KANSAS CITY LTD SPILL - BRASSUA MAINE

  OFF PANTHER ROAD, BRASSUA, ME, 04478

  Registry ID: 110071706003

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CENTRAL MAINE & QUEBEC RAILWAY US INCentered 2024-03-20

  Primary law: CWA

  Federal penalty: $16,544 · SEP: $40,240

Timeline (3 milestones)

• 2024-03-20Final Order Issued
• 2024-03-20Complaint Filed/Proposed Order
• 2024-03-21Enforcement Action Data Entered