[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Page 46908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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............................  [email protected].
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: https://www.justice.gov/enrd/consent-decrees. 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]
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