THIS CONSENT AGREEMENT AND FINAL ORDER RESOLVES THE RESPONDENT'S VIOLATIONS OF SECTION 311(B)(3) OF THE CWA, 33 USC SECTION 1321(B)(3), AND REGULATIONS PROMULATED THEREUNDER AT 40 CFR PART 112, PROHIBITING THE DISCHARGE OF HAZARDOUS SUBSTANCES IN WATERS OF THE UNITED STATES. THE RESOLVED VIOLATIONS OCCURRED FROM A RAILCAR SWITCHING YARD OWNED AND OPERATED BY UNION PACIFIC IN HERINGTON, KANSAS. ON JANUARY 8, 2012, TWO RAILROAD TANK CARS WITHIN THE HERINGTON FACILITY COLLIDED, CAUSING A RUPTURE IN THE BOTTOM OF ONE TANK CAR.