I 
114TH CONGRESS 
1ST SESSION H. R. 1804 
To protect the public, communities across America, and the environment 
by increasing the safety of crude oil transportation by railroad, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2015 
Mr. MCDERMOTT (for himself, Ms. MATSUI, Mr. KIND, Mrs. LOWEY, and Mr. 
THOMPSON of California) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To protect the public, communities across America, and the 
environment by increasing the safety of crude oil trans-
portation by railroad, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Crude-By-Rail Safety 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) HIGH-HAZARD
FLAMMABLE
TRAIN.—The 
term ‘‘high-hazard flammable train’’ means a single 
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train transporting 20 or more tank cars loaded with 
a Class 3 flammable liquid (as defined in section 
173.120(a) of title 49, Code of Federal Regulations). 
(2) OIL.—The term ‘‘oil’’ means oil of any kind 
or in any form, including crude, petroleum, fuel oil, 
sludge, oil refuse, oil mixed with wastes other than 
dredged spoil, any bitumen or bituminous mixture, 
oil derived from a bitumen or bituminous mixture, 
any oil derived from kerogen-bearing sources, devel-
oping oils, and emerging oils. 
(3) RAIL
CARRIER.—The term ‘‘rail carrier’’ 
has the meaning given the term ‘‘railroad carrier’’ in 
section 20102 of title 49, United States Code. 
(4) WORST
CASE
DISCHARGE.—The term 
‘‘worst case discharge’’ has the meaning given such 
term in section 130.5 of title 49, Code of Federal 
Regulations. 
SEC. 3. CERTAINTY ON SAFETY REGULATIONS. 
(a) INTERIM NATIONAL STANDARD FOR MAXIMUM 
VOLATILITY.— 
(1) RULEMAKING.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Transportation, by regulation, shall estab-
lish an interim national standard for the maximum 
volatility of crude oil transported by rail within the 
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United States. Volatility in the interim national 
standard shall be measured by the vapor pressure of 
the crude oil. 
(2) EFFECTIVE DATE.—The national standard 
established pursuant to paragraph (1) shall take ef-
fect not later than 90 days after it is issued by the 
Secretary. 
(b) STUDY OF CRUDE OIL CHARACTERISTICS AND 
ASSOCIATED SAFETY.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of Trans-
portation, in collaboration with the Secretary of Energy, 
shall complete a study of— 
(1) the best methods for reliably measuring the 
volatility of crude oil; and 
(2) the level of volatility that is consistent with 
the safest practicable shipment of crude oil by rail. 
(c) FINAL NATIONAL STANDARD
FOR MAXIMUM 
VOLATILITY.— 
(1) IN GENERAL.—Not later than 90 days after 
the completion of the study under subsection (b), the 
Secretary of Transportation shall issue a final rule 
that establishes the maximum volatility of crude oil 
that is transported by rail. 
(2) REQUIREMENTS.—The maximum volatility 
standard established pursuant to paragraph (1)— 
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(A) shall be consistent with the findings of 
the study conducted under subsection (b); and 
(B) shall require that the transportation of 
crude oil by rail be as safe as practicable. 
(d) TANK CAR DESIGN.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Transportation shall issue a final rule, based on the 
safety standards contained in the Notice of Proposed 
Rulemaking issued on August 1, 2014, and entitled ‘‘En-
hanced Tank Car Standards and Operational Controls for 
High-Hazard Flammable Trains’’, which requires that all 
new tank cars designed to transport a Class 3 flammable 
liquid that are constructed after October 1, 2015, meet 
or exceed the design standards set forth under option 1 
of table 2 in such rulemaking. 
(e) ENHANCED BRAKING.—Beginning on the date 
identified in the final rule issued pursuant to subsection 
(d), all high-hazard flammable trains shall operate with 
electronically controlled pneumatic brakes. 
SEC. 4. ENDING USE OF UNSAFE TANK CARS. 
(a) MINIMUM SAFETY STANDARD.— 
(1) OIL.—Except as provided under paragraph 
(4), the Secretary of Transportation shall imme-
diately prohibit the shipment of oil in— 
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(A) any DOT–111 tank car that does not 
meet the requirements of Casualty Prevention 
Circular 1232, issued by the Association of 
American Railroads on August 31, 2011; or 
(B) any unjacketed CPC–1232 tank car. 
(2) ETHANOL.—Except as provided under para-
graph (4), beginning on the date that is 2 years 
after the date of the enactment of this Act, the Sec-
retary of Transportation shall prohibit the shipment 
of ethanol in any tank car described in subpara-
graph (A) or (B) of paragraph (1). 
(3) ADDITIONAL PRECAUTIONARY MEASURES.— 
Any rail carrier or shipper who offers for transpor-
tation, or transports, in a tank car by rail in com-
merce to, from, or within the United States, a bulk 
quantity of oil or ethanol shall take additional pre-
cautionary measures to enhance the safe shipment of 
such liquids, including by avoiding the shipment of 
such liquids in tank cars with unsafe tank car at-
tributes identified by the Secretary of Transpor-
tation, to the extent practicable. 
(4) EXCEPTION.—Notwithstanding paragraphs 
(1) and (2), tank cars described in subparagraph 
(A) and (B) of paragraph (1) may continue to trans-
port oil or ethanol if they have been retrofitted to 
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meet or exceed the design standards set forth under 
Option 3 of table 2 in the Notice of Proposed Rule-
making issued on August 1, 2014, and entitled ‘‘En-
hanced Tank Car Standards and Operational Con-
trols for High-Hazard Flammable Trains’’. All retro-
fitted tank cars shall be equipped with electronically 
controlled pneumatic brakes. 
(5) JACKETED CPC–1232 TANK CARS.—The Sec-
retary of Transportation shall establish, by regula-
tion, a retrofit standard and timeline for jacketed 
CPC–1232 tank cars that transport oil or ethanol. 
(b) SAVINGS PROVISION.—Nothing in this section 
may be construed to prohibit the Secretary of Transpor-
tation from issuing, by regulation or order, a safety stand-
ard for tank cars transporting oil or ethanol that is more 
stringent than the requirements referred to in section 
3(d). 
SEC. 5. CRUDE-BY-RAIL INSPECTIONS. 
(a) RAIL INSPECTIONS FOR HAZARDOUS MATERIAL 
ROUTES.—Rail carriers shall— 
(1) perform at least 2 additional internal rail 
inspections per calendar year than is required under 
section 213.237(c) of title 49, Code of Federal Reg-
ulations, on routes that— 
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(A) the rail carrier owns or has been as-
signed maintenance responsibility under section 
213.5 of such title; and 
(B) over which 1 or more high-hazard 
flammable trains are operated. 
(2) conduct at least 4 track geometry inspec-
tions each calendar year on routes that— 
(A) the rail carrier owns or has been as-
signed maintenance responsibility under such 
section 213.5; and 
(B) over which 1 or more high-hazard 
flammable trains are operated. 
(b) ENERGY PRODUCT INSPECTIONS.— 
(1) INSPECTION REQUIREMENT.—A person that 
offers oil for transportation shall complete spot in-
spections on 5 percent of all individual rail cars 
loaded with crude oil— 
(A) to test and record the volatility of the 
crude oil in such cars; and 
(B) to ensure that such crude oil meets— 
(i) the interim national standard for 
maximum volatility established pursuant to 
section 3(a); or 
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(ii) any subsequently enacted volatility 
standard that is more restrictive than such 
standard. 
(2) SPOT INSPECTIONS AND AUDITS.— 
(A) SPOT INSPECTIONS.—The Secretary of 
Transportation shall complete spot inspections 
on crude oil volatility to ensure that the vola-
tility standards referred to in paragraph (1)(B) 
are being met. 
(B) AUDITS.—The Secretary of Transpor-
tation shall audit records of the inspections con-
ducted under paragraph (1) to ensure that the 
volatility of the crude oil does not exceed the 
volatility standards referred to in paragraph 
(1)(B). 
SEC. 6. PENALTIES FOR NONCOMPLIANCE. 
(a) FINES FOR VIOLATING HAZARDOUS MATERIALS 
TRANSPORTATION LAW.—Section 5123(a) of title 49, 
United States Code, is amended to read as follows: 
‘‘(a) PENALTY.— 
‘‘(1) IN GENERAL.—A person that knowingly 
violates this chapter or a regulation, order, special 
permit, or approval issued under this chapter is lia-
ble to the United States Government for a civil pen-
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alty of not more than $500,000 for each such viola-
tion. A person acts knowingly when— 
‘‘(A) the person has actual knowledge of 
the facts giving rise to the violation; or 
‘‘(B) a reasonable person acting in the 
same circumstances and exercising reasonable 
care would have such knowledge. 
‘‘(2) ENHANCED
PENALTY.—If the Secretary 
finds that a violation under paragraph (1) results in 
death, serious illness, or severe injury to any person, 
substantial destruction of property, or significant en-
vironmental damage, the Secretary may increase the 
amount of the civil penalty for such violation to not 
more than $1,000,000. 
‘‘(3) SEPARATE VIOLATION.—A separate viola-
tion occurs for each day a person continues to know-
ingly violate this chapter or any regulation, order, 
special permit, or approval issued under this chap-
ter.’’. 
(b) FINES FOR VIOLATING ENERGY PRODUCT IN-
SPECTIONS.—A person that offers oil for transportation 
that violates the maximum volatility rule issued pursuant 
to subsection (a) or (c) of section 3, or the inspection re-
quirement under section 5(b) shall be liable to the United 
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