WASHINGTON — Genesee & Wyoming will spend up to $42 million to correct Clean Air Act violations regarding locomotives under an agreement announced Tuesday by the U.S. Department of Justice and Environmental Protection Agency.
A complaint that was also filed Tuesday alleged that G&W and a number of its subsidiaries operated diesel locomotives with rebuilt engines that failed to meet EPA emissions standard, and did not perform emissions-related maintenance or keep maintenance records.
“By requiring locomotives to follow emissions standards, and requiring dozens of older, higher-polluting locomotives to be scrapped altogether, this consent decree reduces health threats from air pollution nationwide, particularly in those communities that live along railroad corridors,” Assistant Attorney General Todd Kim of the Environment and Natural Resources Division said in a press release.
“The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance.
G&W said in a statement that the settlement resolves a matter dating to 2018 in which affiliated railroads inadvertently neglected to upgrade 11 of 885 locomotives to the appropriate emission standards. Its investment of more than $42 million to decrease locomotive emissions will include the purchase of cleaner, more fuel-efficient locomotives. “We believe these investments demonstrate G&W’s commitment to environmental responsibility and that the associated retirement of locomotives will generate environmental benefits that significantly exceed any adverse impact associated with the violations alleged by the government,” the company said.
The consent decree requires G&W to comply with a requirement that rebuilt locomotive engines use the latest technology to reduce emissions; to ensure it does not purchase or sell locomotives that have been rebuilt without conforming to emissions standards; to remove from service and destroy 88 older locomotives not required to meet EPA emission standards; to replace scrapped locomotives only with units subject to and meeting EPA emissions standards; and to pay a $1.35 million civil penalty.
The consent decree, available here, is subject to a 30-day comment period and final court approval.
— Updated at 7:50 a.m. CST with statement from Genesee & Wyoming.
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