News & Reviews News Wire Genesee & Wyoming agrees to settlement over Clean Air Act violations (updated)

Genesee & Wyoming agrees to settlement over Clean Air Act violations (updated)

By Trains Staff | January 25, 2023

| Last updated on February 6, 2024

Deal with Justice Department, EPA, includes destruction of old locomotives, following emission standards, $1.35 million fine

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Genesee & Wyoming logoWASHINGTON — 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.

15 thoughts on “Genesee & Wyoming agrees to settlement over Clean Air Act violations (updated)

  1. Funny, as far as I know there are specific rules about rebuilt locomotives, and some of those rules allow them to be rebuilt as Tier 0 diesels. This sounds like out of 885 diesels across the U.S. they forgot to make 11 units Tier 0. What tier a rebuilt locomotive needs to be rebuilt as depends entirely on it’s age.

  2. A lot of ‘What about-ism” in these comments. C’mon people, G&W violated the law, they should pay the fine. Doesn’t make it ok for polluting vehicles of other modes to get away with it, but if it’s not illegal, then so be it. Go advocate for new laws instead of being all keyboard warriors…

  3. I get the impression that some here feel this is a worthless endeavor. After all… THEY pollute more, THEY don’t maintain their equipment-, and so forth…whom ever THEY are today. Maybe it is time we acknowledge that small steps, taken one by one, will begin to improve our atmosphere. No one step, or one company, or one locomotive, or one ruling will accomplish it all…but it is a start.

    1. At the transition from steam to diesel the railroads replaced 40,000 steam locomotives with 20,000 diesels. We cleaned up our act decades ago. Get out of our face. Go bother someone else.

    2. Daniel…once for all-time?
      Seriously?
      There is always room for improvement; there are always new technologies; there are always new and helpful information and understandings.
      New pollution isn’t better or worse than old pollution–it is still pollution and still must be cleaned up.

  4. Your probable right loren . But when people see the smoke plum from the old Alcos on throttle up OMG look at that pollution! I know most places don’t even sell 2 cycle weed wacker’s any more because they say they pollute to much.

    1. He’s probably thinking of Genessee Valley Transportation…not even remotely affiliated with G&W.

  5. Yes a miniscule amount of locomtives are causing massive amounts of harm to the public…. Not the millions of people who drive unmaintained vehicles that burn oil, leak oil, leak anti-freeze, and so forth……

    1. Just a thought, I think older EMDs pollute more than a well tuned ALCO being 2 cycle diesels, if I am wrong please correct me.

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