CSX Bakken Disaster- EPA Lets Them Off Hook

CSX Transportation will pay the Environmental Protection Agency $1.2 million in penalties and will pay West Virginia $1 million for state and federal water pollution violations related to the oil spill in Mount Carbon, West Virginia. The February 2015 derailments of 109 railcars carrying an estimated 29,000 in Bakken crude oil led to explosions, water pollution, property damage, and hundreds of resident evacuations.

“EPA is settling for pennies on the dollar to pay for the devasting damages in Mount Carbon. The crude oil derailment and explosion caused a state of emergency in West Virginia and contaminated two water intakes nearby. Rail cars burned for days and damages could cost tens of millions of dollars to clean up. The EPA gave CSX a slap on the wrist for paying next to nothing. This penalty is not a deterrent and these accidents will keep on happening. The Federal government will keep allowing unsafe cars on our rails and let these catastrophes happen,” said Jeff Tittel, Director of the New Jersey Sierra Club. “What happened in West Virginia can happen in New Jersey and that’s why we need legislation to make sure CSX pays for all of their damages. We need our Assembly and Governor Murphy to pass and sign S1883 (Weinberg). The bill provides catastrophic liability if a derailment happened and requires the railroad to have a warning system in place and a contingency plan that will deal with any potential spill or accident.”

The CSX Transportation train in Mount Carbon was carrying Twenty-seven tank cars, each containing about 29,000 gallons of Bakken crude oil, derailed, and about half of the tank cars ignited. Residents near the CSX accident described it as being in hell, as if an atomic bomb went off. The explosions and fires destroyed adjacent homes. Local officials declared a state of emergency, nearby water intakes were shut down, and 1,100 residents in the area were evacuated. Drinking water supplies were limited since the oil had spilled into the icy river and forced two water intakes to close. 300 residents were also exposed to the harmful chemicals that leaked from the tankers. Some of the oil discharged during and following the train derailment flowed into the Kanawha River and Armstrong Creek.

“If this happened near Ramapo Passaic River, it could close major intakes for Paterson or even further down. If it happened near the Raritan River, it could shut down water intakes there for weeks if not months. What happened in Mount Carbon, West Virginia could have happened over the Oradell Bridge or over the West Trenton bridge above the Delaware River. At any speed, transporting Bakken crude is a ticking time bomb. This derailment raises oil train concerns and shows why we need to do more with inspections and get these cars off the rail,” said Jeff Tittel. “We need the Assembly and Governor Murphy to pass and sign S1883(Weinberg) because it will allow the public to be informed, especially ahead of time to help prepare for an emergency.”

S1883(Weinberg) had opposition from Howard “Skip” Elliot who now works for Pipeline and Hazardous Materials Safety Administration for the U.S Department of Transportation. The settlement comes after the EPA found that some of the oil discharged from the crash flowed into the neighboring Kanawha River and Armstrong Creek, threatening fish and bird habitat and drinking water supplies. The event led at least two water treatment plants to shut down while portions of the river also caught fire.

“CSX got a sweetheart deal because the lobbyists who opposed Weinberg’s train safety bill now work for PHMSA. New Jersey shouldn’t be playing Russian roulette with our towns because these trains cut through densely populated communities throughout the state. What’s even worse is the oil companies won’t even fully pay for it. That is why it is so important that our state legislators and Governor support legislation like S.1883 and resist Trump’s rollbacks that will make it safer for the communities who have these dangerous train cars travelling through them every day,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The Assembly has to pass this bill and the Governor needs to sign it.”