EPA v. CANADIAN NATIONAL RAILWAY (NEW AUGUSTA TRAIN DERAILMENT)

Case summary

2/1/14 - REMOVAL ADMINISTRATIVE ORDER UNDER 311(c) OF THE CWA ISSUED. THIS ORDER REQUIRES PERFORMANCE OF REMOVAL ACTIONS IN CONNECTION WITH A TRAIN DERAILMENT LOCATED AT OR NEAR US HWY 98 AND OLD HWY 24 IN NEW AUGUSTA, PERRY COUNTY, MS. THIS ORDER REQUIRES RESPONDENT TO IMMEDIATELY CONDUCT REMOVAL OF A DISCHARGE OR TO MITIGATE OR PREVENT A SUBSTANTIAL THREAT OF A DISCHARGE OF OIL. AT APPROX 8:00 A.M. LOCAL TIME, ON JAN 31, 2014, A TRAIN CARRYING CRUDE OIL DERAILED NEAR NEW AUGUSTA, MS. 12 TANKER CARS FILLED WITH CRUDE OIL AND 1 ROSIN OIL TANKER CAR DETAILED INTO A DRAINAGE DITCH AT THE HEAD WATERS OF A UNNAMED TRIBUTARY OF THE LEAF RIVER. THE LEAF RIVER DISCHARGES INTO THE PASCAGOULA BAY. RESPONDENT RECEIVED A VERBAL NOTICE OF FEDERAL INTEREST (NOFI) ON FRIDAY, JAN 31, 2014 AND A WRITTEN NOFI ON FEB 1, 2014. SINCE JAN 31, 2014, THE RESPONSE HAS BEEN UNDER THE DIRECTION OF USEPA OSE AND THE RESPONDENT HAS BEEN A MEMBER OF UNIFIED COMMAND. WORK TO BE PERFORMED: RESPONDENT MUST PERFORM THE WORK NECESSARY TO COMPLETE THE TASKS DESCRIBED BELOW WITHIN THE DATES SPECIFIED AND IN ACCORDANCE WITH THE NCP: RESPONDENT MUST TAKE THE FOLLOWING IMMEDIATE STABILIZATION AND MITIGATION ACTIONS: - MAINTAIN EFFECTIVE SITE SECURITY; - MAINTAIN EFFECTIVE STAKE HOLDER PARTICIPATION; - MAINTAIN WORKER SAFETY IN ACCORDANCE WITH OSHA CFR 1910.120; - CONTINUE TO PREVENT THE MIGRATION OF CURRENT AERIAL EXTENT OF OIL CONTAMINATION. INSTALL AND MAINTAIN EFFECTIVE CONTAINMENT NO LATER THAN 7 A.M. SUNDAY, FEB 2, 2014; - MAINTAIN AND PREVENT IMPACT OF THE DISCHARGE TO THE SURROUNDING COMMUNITY; - REMOVE AND DISPOSE OF RECOVERABLE OIL IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL REGS; - RESTORE AREAS IMPACTED AS A RESULT OF THE RESPONSE TO DISCHARGE OF OIL; - SUBMIT PLANS AS REQUESTED BY THE OSC. THOSE PLANS INCLUDE HEALTH AND SAFETY PLAN (HASP), WASTE DISPOSAL PLAN; - COMPLETE ATTACHED 20 QUESTIONS WITHIN 90 DAYS OF COMPLETION OF THE RESPONSE; - SUBMIT A FINAL REPORT TO EPA DETAILING ALL WORK COMPLETED INCLUDING MONITORING AND ANALYTICAL DATA, DISPOSAL RECORDS, AND ALL DOCUMENTATION RELATED TO RESPONSE WITHIN 90 DAYS OF COMPLETION OF THE RESPONSE. EPA WILL APPROVE, DISAPPROVE AND REQUIRE MODIFICATIONS OR MODIFY THE PLANS. ONCE APPROVED, IT WILL BECOME AN ENFORCEABLE PART OF THIS ORDER.

Defendants (1)

• CANADIAN NATIONAL RAILWAYNamed in settlement

Facilities (1)

• OIL SPILL (CANADIAN NATIONAL RAILWAY)

  NEAR U.S. HWY 98 AND OLD HWY 24, NEW AUGUSTA, MS, 39462

  Registry ID: 110062637491

Statutes cited

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

Enforcement conclusions (1)

• CANADIAN NATIONAL RAILWAY (NEW AUGUSTA TRAIN DERAILMENT)entered 2014-02-01

  Primary law: CWA

Timeline (2 milestones)

• 2014-02-01Final Order Issued
• 2014-10-16Enforcement Action Data Entered