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Editorial: State legislation vital to ensuring oil train safety

Wed., Feb. 25, 2015

With the federal government predicting 207 derailments of trains carrying crude oil or ethanol over the next two decades, the debate in Olympia over public safety has intensified.

Last year, the Legislature didn’t pass a bill, and the governor called on the Department of Ecology to study the issue. Lawmakers now have that report, and two competing measures have emerged: HB 1449, backed by Gov. Jay Inslee, and SB 5057, sponsored by Sen. Doug Ericksen, R-Ferndale, whose district includes major refineries.

The DOE report calls for a permanent funding source for prevention and response programs. Both bills have that, with the Senate bill extending to rail the same 4-cent-per-barrel petroleum tax imposed on marine shipments. The House bill, sponsored by Rep. Jessyn Farrell, D-Seattle, would do the same, but would bump it up to 10 cents a barrel, with the money going into a spill prevention account. The levy would also be extended to oil transferred by pipeline.

The oil industry does not oppose the extension of the tax to rail shipments, but a 150 percent tax increase is steep. Better to start with a smaller levy and see if it raises a sufficient amount.

On the other hand, the Senate bill is weak on disclosure, supporting the rail industry’s contention that the details of oil shipments are none of the public’s business. The bill also rejects the DOE suggestion that the state require railroads to develop spill response plans. It’s not clear whether the state can impose such a requirement, but it should try. The railroads and California are in litigation over this issue, which should eventually provide clarity.

As for disclosure, the default position for the state should reflect the state’s strong Public Records Act. The type, time and volume of oil train shipments should be public records. These loads often exceed 100 cars. They’re not sneaking through any community or eluding the notice of potential terrorists.

In a public notice published last fall, the Federal Railroad Administration, a division of the U.S. Department of Transportation, stated, “At this time, DOT finds no basis to conclude that the public disclosure of the information is detrimental to transportation safety.”

Nearly 3 million Washingtonians live near rail lines. The DOE report estimates that oil shipments could increase sixfold by 2035. The current average of three unit trains a day passing through Spokane could grow to as many as 18.

The shipment of oil has changed dramatically in North America. The crude coming out of the Bakken Fields of North Dakota and Eastern Montana is particularly volatile. Fiery derailments have become more commonplace, with two this month.

The federal government has been slow to adapt, but state lawmakers can and should forge a compromise to help put Washingtonians on safer ground.