Feds: States must be told of oil train shipments

The Federal Railroad Administration on Wednesday reminded railroads transporting crude oil that they must notify state emergency response commissions of the expected movement of trains hauling Bakken crude oil through individual states.

In May, the Obama administration had said it would let a 2014 notification rule lapse as part of new regulations on oil trains. Following a backlash from communities, states, and some in Congress, the administration said it would leave the notification rule in place.

"While federal, state, local, and tribal laws may place certain limitations on the nature and extent of information that can be shared with the public, we strongly support transparency and public notification to the fullest extent possible," Sarah Feinberg, acting administrator of the FRA, said in the letter sent Wednesday to railroad companies.

"And we understand the public's interest in knowing what is traveling through their communities."

The rule requires railroads to notify state emergency response commissions of estimated volumes of crude oil, the frequency of anticipated train traffic, and the route the oil trains will take.

In May, new oil-train rules were issued to take effect in October, and the U.S. Department of Transportation said it would end that 2014 requirement.

Instead, railroads were to share information directly with some emergency responders, but the information would have been exempt from the Freedom of Information Act and state public records laws.

"Under this approach," the proposed rule said at the time, "the transportation of crude oil by rail . . . can avoid the negative security and business implications of widespread public disclosure of routing and volume data . . . "

But the federal Pipeline and Hazardous Materials Safety Administration, an arm of the U.S. Department of Transportation, responded to public and congressional criticism by announcing on May 29 it would not make the planned change.

Feinberg's letter Wednesday reiterated the requirement and told railroads that the 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."