SERC - US DOT Emergency Order Re: Bakken Crude Oil by Rail

On June 6, 2014, an Emergency Order issued by the U.S. Department of Transportation (U.S. DOT) went into effect requiring railroad carriers operating trains transporting 1,000,000 gallons or more of Bakken crude oil in a single train to provide information to the State Emergency Response Commission (SERC) regarding the estimated volumes and frequencies of the train traffic implicated. Specifically, the notification must:

Provide reasonable estimate of the number of trains and volumes per week, through each county.

Identify and describe the petroleum crude oil expected to be transported in accordance with 49 CFR part 172, subpart C.

Provide all applicable emergency response information required by 49 CFR part 172 subpart G.

Identify the routes over which the materials will be transported.

Provide at least one point of contact at the railroad (including name, title, phone number, and address) responsible for serving as the point of contact for SERCs and relevant emergency responders related to the railroad’s transportation of Bakken crude oil.

Railroad carriers shall update notifications prior to making any material changes in the estimated volumes or frequencies of trains traveling through a county (U.S. DOT considers any increase or decrease of 25% or more in the number of implicated trains per week to be a material change). For more information, see the U.S. DOT website: http://www.regulations.gov/#!docketDetail;D=DOT-OST-2014-0067.