Oil train law still in works

OLYMPIA — A new state law requires cities, counties and fire departments be told ahead of time when an oil train is coming through their community.

But it may be the summer of 2017 before they start getting such a heads-up.

The state Department of Ecology is working to determine what details on the type and source of oil being shipped must be in the notices to help communities prepare for a derailment, spill or other type of accident.

“They really want to know the nature of the products getting transported through their area. We have to figure out what’s feasible to require,” said David Byers, response manager for the agency.

“We have a lot of work to do but we believe we can implement it before that.”

The law’s prime sponsor in the state House hopes so.

Rep. Jessyn Farrell, D-Seattle, said the advance notice requirement is “the heart” of the comprehensive bill intended to increase safety in the transport of oil by rail, marine tankers and pipelines.

“It’s very concerning to me that it is going to take as long as it is going to take. I am working to see if we can move that date forward,” she said. “To me, it’s a cornerstone of the law. You can’t make good decisions about the need for further policy if you don’t know what’s happening now.”

State lawmakers passed House Bill 1449 in response to a surge in oil shipments by train as well as a spate of accidents, some deadly.

Many expressed concern about the ability of rail carriers to safely transport oil and the capability of communities to respond to an incident and protect the public’s safety.

As recently as 2011 no oil trains traveled through Snohomish County or the rest of the state. Oil arrived only in pipelines and by marine tanker. In 2013, 700 million gallons moved on the rails through Washington, according to figures compiled by the state.

Now in a typical week a dozen trains carry at least 1 million gallons of Bakken crude travel through Snohomish County to refineries in Skagit and Whatcom counties.

Under the new state law, Washington will hire more rail inspectors to increase track inspections, assist emergency response agencies in buying equipment and get warning signs installed at private rail crossings.

Also, the state will require rail firms to develop contingency plans for responding to a spill and prove they are financially able to pay the costs incurred in a “reasonable” worst case accident.

“I don’t think you can ever remove all risk. This (law) will definitely help reduce the risk,” said Jason Lewis, a policy adviser for the Utilities and Transportation Commission. The agency oversees rail safety programs and is drafting a rule for the financial responsibility component.

With the advance notice requirement, the law says refineries will give the ecology department at least seven-day notice of expected oil train deliveries.

Each notice should contain the train’s route, if known, and scheduled time of arrival. The type, volume and origin of the oil being shipped will be sought as well. But questions have arisen on the degree of specificity about the product itself.

The law says the “region per bill of lading” of crude oil must be provided. Is it good enough to say Alberta, Canada or must it be the Bakken region of North Dakota or something else?

The ecology department is writing a rule to answer that question plus others related to the composition of the oil getting shipped. When a draft is released — no target date has been set — it will be shepherded through a gauntlet of public review, including hearings.

That process could wrap up in eight months or take until June 30, 2017, to complete. That is the presumed deadline to get it done, Byers said.

Representatives of oil firms, refineries, railroad companies, environmental organizations and public agencies are all keeping tabs on the process.

A spokeswoman for BNSF Railways said their chief concern is assuring that whatever information is required does not compromise the confidentiality of their customers.

“We are making sure we have a good understanding of the language and how it affects our process,” said Courtney Wallace, of BNSF. “Everybody in the state of Washington has an overall concern about the safe transport of hazardous materials including oil. We share the concerns.”

Environmentalists are pressing for as much detail as possible — and for getting it into the hands of first responders as soon as possible.

“The public needs this information to understand the level of risk. The risk is now,” said Rebecca Ponzio, oil campaign director for the Washington Environmental Council.

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Employees and patrons of the Everett Mall signed a timeline mural that traces the history of the 51-year-old indoor mall that was once considered the premier place to go shopping in the city. Thursday, March 20, 2025 (Aaron Kennedy / The Herald)
Mall mural offers nostalgic trip into the past

Past and present Everett Mall employees joined customers Thursday to view an artistic timeline of the once popular shopping mecca.

Edmonds Mayor Mike Rosen gives his State of the City address on Thursday, March 20 in Edmonds, Washington. (Will Geschke / The Herald)
Edmonds mayor talks budget at 2025 State of the City

Mayor Mike Rosen discussed the city’s deficit and highlights from his first year in office.

Oliver Popa, 7, poses with his book, "Drippey Plants a Garden," on Tuesday, March 25, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds 7-year-old publishes children’s book featuring ‘Drippey’ the bee

Oliver Popa’s first grade teacher said he should publish a longer version of a writing assignment. A year later, his mother — a publisher — helped made it happen.

Sound Transit picks Dow Constantine as new CEO

Constantine has served as the King County Executive since 2009.

Everett mayor Cassie Franklin delivers her State of the City address on Friday, March 28 in Everett, Washington. (Will Geschke / The Herald)
Everett mayor focuses on public safety in keynote address

During Cassie Franklin’s State of the City speech, she announced new police programs and a youth violence prevention directive.

North County Fire commission appoints new fire chief

Before Dave Kraski was appointed, the commission changed the requirements needed to hold the fire chief position.

Jeannie Nicholos points out some of the multi-colored marks on her office wall left by lighting that struck the outside of her home and traveled inside on Thursday, March 27, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett home hit by lightning, catches fire

Family escapes as roof burns; two other homes hit on Camano Island.

Snohomish County sheriff Susanna Johnson swears in colleagues during the ceremonial oath of office at the PUD auditorium in Everett, Washington on Tuesday, Jan. 2, 2024. (Annie Barker / The Herald)
Sheriff, council member elected to lead Snohomish justice council

Dunn and Johnson to co-chair as the council encourages community members to join.

Judge sets $2M bail in 1989 Everett murder case

Joseph Andrew Jacquez pleads not guilty in first court appearance after extradition from Nevada.

‘An uphill battle’: South County firefighter facing his toughest fight

Nick Jessen, 38, has stage four lung cancer, a disease disproportionately affecting his profession.

Four scams that officials say residents should watch out for

Toll scams, jury duty fraud and fake arrest warrants are among the new tactics.

Amtrak suspends most train service on Cascades route

Amtrak discovered problems with its Horizon railcars, which forced the suspension. The agency will use buses in the meantime to keep service running.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.