EPA v. CSX TRANSPORTATION, INC. (SANDSTONE, WV TRAIN DERAILMENT SITE)

Case summary

On March 17, 2023, EPA Region 3 issued an Administrative Order to CSX Transportation, Inc. (?CSX?) under Section 311(c) of the Clean Water Act, requiring CSX to implement additional measures in the New River and/or its adjoining shoreline to ensure the containment of discharged oil and to prevent the migration of oily sheen across and down the New River. On March 8, 2023, a CSX train with four locomotives and 109 empty coal cars derailed from a rail line that runs along the eastern bank of the New River in Sandstone, WV. The Derailment resulted in injuries, a locomotive fire, and two of the four locomotives being pushed partially or entirely into the New River, where they released an unknown quantity of petroleum products, including, but not limited to, lubricating oil and diesel fuel, into the New River and onto the adjacent shoreline soil. While CSX has been responding to the oil discharge since March 8, heavy sheen continued to be observed in the New River outside of the booming containment area in the days preceding EPA's Order. The Derailment Site is not in an area of potential EJ concern. EPA consulted with WVDEP during the development of this action and provided WVDEP with a copy of the filed Order.

Defendants (1)

• CSX TRANSPORTATION, INC.Named in settlement

Facilities (1)

• SANDSTONE, WV TRAIN DERAILMENT SITE

  7 RIVER RD, SANDSTONE, WV, 25985

  Registry ID: 110070923929

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• CSX TRANSPORTATION, INC. (SANDSTONE, WV TRAIN DERAILMENT SITE)entered 2023-03-17

  Primary law: CWA

Timeline (2 milestones)

• 2023-03-17Final Order Issued
• 2023-03-31Enforcement Action Data Entered