Mosier oil train

Columbia River Gorge fire chiefs learned mile-long oil trains moved through their communities not from railroads but because of this April photo by an amateur photographer.

(Jozsef Urmos/Special to The Oregonian)

The pointed question came before all the stragglers were seated.

At a Tuesday meeting of an Oregon task force tightening railroads' hazardous materials disclosures, a BNSF Railway Co. representative wanted to know: Why were the public and media included?

"Wouldn't it be easier if the press wasn't here?" BNSF's Pat Brady asked.

Two reporters, including one from The Oregonian, didn't budge.

The question highlighted the very reason for the open meeting. Notoriously secretive railroads have balked at telling first responders and the public where they're moving increasing volumes of crude oil around Oregon and the country. A string of fiery accidents has attracted intense scrutiny to the growing trend.

In Oregon, one of the public's few ways of learning about oil train shipments is based on outdated rules that rail companies haven't been following. It's one of many gaps in statewide preparedness identified by The Oregonian's ongoing review of oil train safety.

State law requires railroads to annually submit detailed reports saying what dangerous substances they've moved, where and in what volume. They're due to emergency responders across the state by March 1 of each year.

But that hasn't been happening, leaving firefighters across the state in the dark. The Oregon Department of Transportation has committed to fixing it.

"These rules are ancient," said Hal Gard, ODOT's top rail safety official. "We want to make sure we're meeting the need of first responders and finding the right balance with transparency."

The process is being led by an agency with a dubious track record on oil train disclosures. In April, ODOT tried to end the very reporting requirement it's now strengthening after The Oregonian won a legal order requiring the reports to be made public. The agency quickly backtracked under pressure from Gov. John Kitzhaber.

An early ODOT recommendation would require railroads to tell the state about their hazardous materials shipments each month. Fire officials said annual reports aren't enough. Rail companies said they'd prefer quarterly reporting requirements.

ODOT has proposed a $1,000-per-day fine for companies that fail to follow the rules.

A key question remains: Whether railroads' reports submitted to the state will be public, available to Oregonians who want to know what's being hauled near their homes and businesses.

"We would prefer to err on the side of public disclosure," Gard said.

The agency plans to hold another meeting next month. Gard said ODOT wants to have a final plan in place by November in case the state Legislature needs to consider statutory changes.

-- Rob Davis