Oil Train Safety Megathread. Updated July 30, 2023

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33. Federal Railroad Administration to RRs: Notification of Crude Oil Trains to States Must Continue

Federal Railroad Administration to Railroads: Notification of Crude Oil Trains to States Must Continue

PRESS RELEASE NUMBER: FRA 13-15
CONTACT: FRA Public Affairs
PHONE: [phone]
SUBJECT: Enforcement
KEYWORDS: crude oil, notification
ABSTRACT: Requirement remains in full force, will be made permanent


WASHINGTON — The Federal Railroad Administration (FRA) today sent a letter again instructing railroads transporting crude oil that they must continue to notify State Emergency Response Commissions (SERCs) and Tribal Emergency Response Commissions (TERCs) of the expected movement of Bakken crude oil trains through individual states and tribal regions. Since May 2014, trains with 1,000,000 gallons or more of Bakken crude oil – approximately 35 tank cars – are subject to the notification.

“Transparency is a critical piece of the federal government’s comprehensive approach to safety,” U.S. Transportation Secretary Anthony Foxx said. “DOT is committed to making certain that states and local officials have the information they need to prepare for and respond to incidents involving hazardous materials, including crude oil. The Emergency Order that requires these notifications still stands, and we expect railroads to fully comply.”

The requirement, part of an Emergency Order issued in May 2014, also directs railroads to include estimated volumes of crude oil, the frequency of anticipated train traffic, and the route the crude oil will be transported. Contact information for at least one individual at the host railroad must be provided as well. In May, the Department of Transportation (DOT) announced that it would make the notification requirements of the Emergency Order permanent.

“We strongly support transparency and public notification to the fullest extent possible,” said FRA Acting Administrator Sarah Feinberg. “Railroads transporting crude oil must continue to provide the information required by the Emergency Order to SERCs and to update notifications in a timely manner. FRA will continue with random spot checks and regular compliance audits to ensure that states, local communities, and first responders have the information necessary to respond to a possible accident. FRA will take enforcement actions as necessary to ensure compliance.”

Earlier this year, the Department of Transportation (DOT), released its comprehensive rule that raises the bar on the safety of transporting crude oil by rail. The rule requires stronger tank cars and 21st century electronically controlled pneumatic (ECP) brakes that activate simultaneously on all tank cars, reduce the distance and time needed for a train to stop, and keep more tank cars on the track if a train does derail.