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In Our View: On The Right Track

Herrera Beutler’s bill on oil train safety good first step, but more action needed

The Columbian
Published: March 22, 2016, 6:01am

When it comes to the prospect of more oil-bearing trains traveling through Clark County, U.S. Rep. Jaime Herrera Beutler, R-Camas, is on the right track.

Herrera Beutler is pursuing legislation that would better prepare first responders for the possibility of a catastrophic oil spill or explosion. The measure would direct the Federal Emergency Management Agency to make a priority of grant requests for hazmat operations, including training and equipment. “Let’s close the loophole in this funding program that considers rail incident response lower priority so that we’re equipped to handle hazardous materials like crude oil already being shipped through our region, and on any future rail traffic.”

The issue already is a priority for local residents. The Port of Vancouver has approved a contract with Tesoro Corp. and Savage Cos. to build and operate the nation’s largest rail-to-marine oil terminal, bringing up to 15 million gallons of crude through the region on a daily basis. The proposal is being considered by the state Energy Facility Site Evaluation Council, which will make a recommendation to the governor for a final decision.

But while Herrera Beutler’s proposal represents welcome action regarding the safety of her constituents, it also represents only one aspect of the necessary regulation. The danger of crude-bearing trains is well-documented, with a series of derailments and explosions taking place throughout North America over the past several years. And with those derailments comes concern over who pays for the cleanup.

In 2015, the state Legislature passed a bill that was signed into law by Gov. Jay Inslee to help mitigate these concerns. Among other provisions, the law requires railroads to demonstrate they can pay to clean up oil spills but, as Inslee said, “I have to be honest with people that while this is a step forward, we still have an unsafe situation in our state. It demands federal action. These trains are a mile long, with very volatile material, they’re rolling though our neighborhood and they are not safe today.”

Meanwhile, some lessons for governing oil trains can be found in the subterfuge presented by the coal industry. Sen. Maria Cantwell, D-Wash., has recently called into question the actions of major coal companies in ignoring their environmental responsibilities. The coal industry is subject to the 1977 Surface Mining Control and Reclamation Act that requires companies to clean up their messes. In practice, however, this has led to many companies issuing self-bonds, declaring bankruptcy that renders the bonds nearly worthless, and leaving the cleanup to taxpayers. Late last year, Virginia-based Alpha Natural Resources declared bankruptcy but approved $11.9 million in bonus payments for 15 executives.

This highlights the importance of indemnifying taxpayers from the potential for an oil spill or explosion in Washington. This represents the need for Herrera Beutler to remain at the forefront of rail safety for the benefit of her constituents.

Hopefully, the terminal at the Port of Vancouver will not be approved. The Columbian has argued editorially that such a terminal would go against what is an appropriate vision for a thriving Clark County and that marking Vancouver as an oil town would be damaging to the city. Also, it should be noted, port commissioners might have an opportunity to end the contract if all necessary permits are not secured by Aug. 1, and we would encourage them to do so.

But in the meantime, preparations must be made. Herrera Beutler’s bill is a step in the right direction, but more steps should be taken.

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