Eliminating Dangerous Oil Cars and Ensuring Community Safety Act

Summary: Eliminating Dangerous Oil Cars and Ensuring Community Safety Act This bill replaces general requirements for design standards of the Federal Railroad Administration (FRA) for pressurized tank cars with a retrofitting requirement for certain tank cars. No rail carrier may ship on or after a specified deadline any hazardous material (hazmat) in any tank car under DOT-111 (Department of Transportation specification for a non-pressurized rail tank car) or non-jacketed Casualty Prevention Circular (CPC)-1232 (new rail tank car standards for transporting crude oil or ethanol), unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. DOT shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge. The bill sets a maximum speed for any train carrying more than 10 cars, including at least one hazmat-carrying DOT-111 or unjacketed CPC-1232 tank car that has not been so retrofitted, of 40 miles per hour while traveling through a county (or county equivalent) with a population density of greater than 20 persons per square mile.  In addition to certain other required track inspections, each rail carrier shall conduct, on main line routes it owns or for which it has been assigned maintenance responsibility, and over which 1 or more high-hazard flammable trains are operated:  2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and 4 track geometry inspections each calendar year.  Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system. Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans. The FRA shall develop a program to audit such response plans to ensure that they include comprehensive procedures for:  preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident, and responding to and cleaning up such a discharge.   The Pipeline and Hazardous Materials Safety Administration shall revise specified spill response planning thresholds to require comprehensive response plans to effectively provide for a carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. Each rail carrier shall:  establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations, and  provide specified information to the FRA and the county emergency management contact (or equivalent) immediately after the derailment of any high hazard flammable train the carrier operates. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Dangerous Oil Cars and 
Ensuring Community Safety Act''.

SEC. 2. RETROFITTING OR PHASING-OUT CERTAIN TANK CARS.

    Section 20155 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20155. Tank cars
    ``(a) Retrofitting Requirement.--A rail carrier may not ship any 
hazardous material in any DOT-111 or non-jacketed CPC-1232 tank car on 
or after the applicable deadline set forth in subsection (b) unless the 
tank car has been retrofitted in accordance with the DOT-117 
specification design established by the May 2015 final rule for the 
safe transportation of flammable liquids by rail.
    ``(b) Deadlines.--The deadlines set forth in this subsection are as 
follows:
            ``(1) For non-jacketed DOT-111 tank cars carrying materials 
        in Packing Group I, January 1, 2017.
            ``(2) For jacketed DOT-111 tank cars carrying materials in 
        Packing Group I or II and non-jacketed DOT-111 tank cars 
        carrying materials in Packing Group II, May, 1, 2017.
            ``(3) For non-jacketed CPC-1232 tank cars carrying 
        materials in Packing Group I, May 1, 2018.
            ``(4) For non-jacketed CPC-1232 tank cars carrying 
        materials in Packing Group II, May 1, 2019.
            ``(5) For jacketed CPC-1232 tank cars carrying materials in 
        Packing Group I or II and all tank cars carrying materials in 
        Packing Group III, May 1, 2020.
    ``(c) Definitions.--In this section, the terms `Packing Group I', 
`Packing Group II', and `Packing Group III' have the meanings given 
such terms in section 173.127(b) of title 49, Code of Federal 
Regulations.''.

SEC. 3. CRUDE OIL STABILITY REQUIREMENT.

    (a) In General.--Chapter 51 of title 49, United States Code, is 
amended by inserting after section 5110 the following:
``Sec. 5111. Crude oil volatility standard
    ``Not later than 1 year after the date of the enactment of the 
Eliminating Dangerous Oil Cars and Ensuring Community Safety Act, the 
Secretary of Transportation, in consultation with the Administrator of 
the Pipeline and Hazardous Materials Safety Administration, shall 
establish and begin enforcing a national maximum volatility standard 
for the transport of crude oil by rail or by barge.''.
    (b) Clerical Amendment.--Chapter 51 of such title is amended by 
inserting after the item relating to section 5110 the following:

``5111. Crude oil volatility standard.''.

SEC. 4. SPEED RESTRICTIONS FOR TRAINS WITH TANK CARS THAT DO NOT COMPLY 
              WITH FEDERAL SAFETY STANDARDS.

    (a) DOT-111 Tank Cars.--Any train carrying more than 10 cars, 
including at least 1 DOT-111 tank car carrying a hazardous material 
that has not been retrofitted in accordance with the DOT-117 
specification design established by the May 2015 final rule for the 
safe transportation of flammable liquids by rail, may not be operated 
at a speed greater than 40 miles per hour while traveling through a 
county (or county equivalent) that has a population density of greater 
than 20 persons per square mile, as determined in the most recent 
decennial census.
    (b) Unjacketed CPC-1232 Tank Cars.--Beginning on the date that is 2 
years after the date of the enactment of this Act, any train carrying 
more than 10 cars, including at least 1 non-jacketed CPC-1232 tank car 
carrying a hazardous material that has not been retrofitted in 
accordance with the DOT-117 specification design established by the May 
2015 final rule for the safe transportation of flammable liquids by 
rail, may not be operated at a speed greater than 40 miles per hour 
while traveling through a county (or county equivalent) that has a 
population density of greater than 20 persons per square mile, as 
determined in the most recent decennial census.

SEC. 5. INSPECTIONS.

    In addition to the track inspections required under sections 
213.233 and 213.237 of title 49, Code of Federal Regulations, as of the 
date of the enactment of this Act, each rail carrier shall conduct, on 
main line routes that the rail carrier owns or has been assigned 
maintenance responsibility under section 213.5 of such title, and over 
which 1 or more high-hazard flammable trains are operated--
            (1) 2 additional inspections for internal defects of all 
        rail in Classes 3, 4, and 5 for every 40,000,000 gross tons 
        transported on such lines, or annually, whichever interval is 
        shorter; and
            (2) 4 track geometry inspections each calendar year.

SEC. 6. POSITIVE TRAIN CONTROL REQUIREMENT.

    Chapter 201 of title 49, United States Code, is amended--
            (1) by striking section 20150; and
            (2) in section 20157--
                    (A) by redesignating subsection (i) as subsection 
                (j); and
                    (B) by inserting after subsection (h) the 
                following:
    ``(i) Trains That Carry Crude Oil or Ethanol.--Beginning on 
December 1, 2018, each rail line over which tank cars carrying crude 
oil or ethanol travel shall be equipped with a positive train control 
system.''.

SEC. 7. OIL SPILL RESPONSE PLANS.

    (a) Requirement.--Chapter 209 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 20904. Oil spill response plans
    ``(a) Comprehensive Oil Spill Response Plans.--Each rail carrier 
that transports crude oil, petroleum, or other hazardous products by 
rail shall develop comprehensive oil spill response plans, in 
accordance with part 130 of title 49, Code of Federal Regulations.
    ``(b) Response Plan Audit Program.--The Administrator of the 
Federal Railroad Administration shall develop a program to audit 
response plans for rail carriers of crude oil, petroleum, and other 
hazardous products to ensure that such plans include comprehensive 
procedures for--
            ``(1) preventing or mitigating a substantial threat of a 
        worst-case discharge of such products resulting from a rail 
        accident or incident; and
            ``(2) responding to and cleaning up such a discharge.''.
    (b) Rulemaking.--The Administrator of the Pipeline and Hazardous 
Materials Safety Administration, in consultation with the Administrator 
of the Federal Railroad Administration, shall update the regulations 
contained in part 130 of title 49, Code of Federal Regulations, by 
revising the spill response planning thresholds to require 
comprehensive response plans to effectively provide for the carrier's 
ability to respond to worst-case discharges resulting from accidents 
involving unit trains or blocks of tank cars transporting oil and 
petroleum products.
    (c) Clerical Amendment.--The table of sections in chapter 209 of 
title 49, United States Code, is amended by adding at the end the 
following:

``20904. Oil spill response plans.''.

SEC. 8. REPORTING REQUIREMENTS.

    (a) Close Call Reporting Systems.--Section 20901 of title 49, 
United States Code, is amended by adding at the end the following:
    ``(c) Close Call Reporting System.--Each rail carrier shall 
establish a system through which employees may anonymously report 
circumstances or incidents that endanger the safety of railroad 
operations.''.
    (b) Derailment Reporting Requirement.--Section 20901 of such title, 
as amended by subsection (a), is further amended by adding at the end 
the following:
    ``(d) Derailment Reporting Requirements.--
            ``(1) Defined term.--In this subsection, the term `high 
        hazard flammable train' means a train comprised of more than 10 
        loaded tank cars of a Class 3 flammable liquid.
            ``(2) Immediate notification.--Immediately after the 
        derailment of any high hazard flammable train operated by a 
        rail carrier, the rail carrier shall provide the Federal 
        Railroad Administration and the county emergency management 
        contact (or equivalent) in the county in which the train 
        derailed with--
                    ``(A) information about the train, including--
                            ``(i) the train number;
                            ``(ii) the models of locomotive attached to 
                        the train;
                            ``(iii) end-of-train device information;
                            ``(iv) the number and position of tank cars 
                        in the train;
                            ``(v) tank car reporting marks; and
                            ``(vi) tank car specifications and relevant 
                        attributes, including information related to 
                        thermal protection, shell and head thickness, 
                        steel specification and grade, head shield, and 
                        pressure relief valve setting;
                    ``(B) information contained on the waybill, 
                including the origin and destination of the train, the 
                goods being transported, and the name and contact 
                information for consignors of such goods;
                    ``(C)(i) the safety data sheet for each hazardous 
                chemical being transported by the train, as required 
                under section 1910.1200(g) of title 29, Code of Federal 
                Regulations; or
                    ``(ii) any other documents used to provide 
                comprehensive emergency response and incident 
                mitigation information for Class 3 flammable liquids.
            ``(3) Subsequent notification.--Not later than 90 minutes 
        after the derailment of any high hazard flammable train 
        operated by a rail carrier, the rail carrier shall provide the 
        Federal Railroad Administration with--
                    ``(A) the results of any product testing undertaken 
                before transportation that was used to properly 
                characterize the Class 3 flammable liquids for 
                transportation;
                    ``(B) the results from any analysis of product 
                samples taken before being offered into transportation 
                from tank cars involved in the derailment;
                    ``(C) if a flammable liquid is involved in the 
                derailment, the type of liquid and the name and 
                location of the company extracting the material;
                    ``(D) the identification of the company that 
                conducted the initial testing of the material, 
                including sampling and analysis;
                    ``(E) the name and location of the company 
                transporting the material from the well head to the 
                loading facility or terminal;
                    ``(F) the name and location of the company that 
                owns and that operates the terminal or loading facility 
                that loaded the product for rail transportation;
                    ``(G) the name of the railroads handling the tank 
                cars at any time from point of origin to destination; 
                and
                    ``(H) a timeline of handling changes between 
                railroads.''.