In Our View Oil Safety on Right Track

No plan is foolproof, but Washington’s bill addressing the safety of oil trains deals with the issue more directly than recent actions by the federal government.

House Bill 1449, which Gov. Jay Inslee is expected to sign today, is an effective counterpoint to tepid regulations recently adopted at the federal level. The bill, a compromise between the legislative chambers that passed with a 46-0 vote in the Senate and a 95-1 vote in the House, is an acknowledgement from lawmakers that a vast increase in oil train traffic is a threat to the citizens and to the environment in Washington. The new law requires weekly notices to the Department of Ecology of anticipated shipments of oil and, most important, requires railroad companies to have state-approved contingency plans in the event of a spill. It also sets up a study group through the Department of Ecology to examine rules for oil transported on the Columbia River, and allows the department to distribute grants to emergency response agencies for safety and spill equipment.

All of this is particularly relevant in Clark County, where the Port of Vancouver has reached an agreement with Tesoro Corp. and Savage Cos. — collectively working as Vancouver Energy — to build the nation’s largest oil-by-rail terminal. The proposal is undergoing environmental review and then will be placed before Inslee for final consideration.

In tightening the rules governing the shipment of oil by rail, legislators embraced a necessarily wise approach. The new law will require oil facilities — which fall under the umbrella of state regulations — to provide information about shipments, rather than relying upon the federally regulated railroads. “One of the very tricky things about state regulations is, of course, the federal pre-emption issue,” Rep. Jessyn Farrell, D-Seattle, said. “But we targeted the notification piece of our legislation at the oil refineries. I’m not concerned federal rule will undermine that.”

When it comes to oil train safety, states must take the lead. The federal government has been slow to respond to a boom in traffic caused by increased production from the Bakken oil fields of North Dakota. As numerous train explosions and spills have occurred — four in the United States this year, including the derailment and explosion of 10 tank cars last week in North Dakota — questions have been raised about the efficacy of tank cars and the safety of the tracks, leaving regulators trying to catch up to the modern risks.

Two weeks ago, the U.S. Department of Transportation laid out new guidelines for the updating of tank cars and the use of electronically controlled brakes. But they retreated from a provision that would have required railroads to provide communities with information about oil shipments. Oregon Democratic Sens. Ron Wyden and Jeff Merkley said in a statement: “Instead of providing first responders more details about oil shipments, railroads will simply be required to give our firefighters a phone number.” Sen. Maria Cantwell, D-Wash., has led the push for legislation to address additional safety concerns, but the wheels of progress turn slowly in Washington, D.C.

That is why state action is significant. House Bill 1449 cannot eliminate the risks inherent with transporting volatile crude. Oil will continue to travel through Clark County and through the rest of the state, and some danger is inevitable. But while no plan is foolproof, legislators have taken a strong step toward making Washington as safe as possible.