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Spokane, Washington  Est. May 19, 1883

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Editorial: Legislature sluggish, but oil trains getting attention

Budget talks have stalled in Olympia while Senate Republicans wait for House Democrats to trap themselves by voting on a new capital gains tax the Democrats know will be spiked in the Senate.

It must be April in Olympia. The Legislature is scheduled to go home April 28, but without the liberal application of blinking cream, the stare-fest will likely play well into May.

But the two sides are making progress on legislation that would better prepare state and local responders for oil spills. A concern only to coastal areas three years ago, catastrophic explosions of Bakken oil field crude focused attention on the threat to every community along rail lines linking North Dakota to refineries on the east, west and gulf coasts.

Subsequent derailments – one in downtown Seattle – have kept authorities at all levels focused on spill prevention and, in the event of a major accident, how firefighters and other emergency responders should react.

Spokane and Spokane Valley are among the communities at greatest risk. The two to three trains passing through each day now could multiply to 18.

BNSF Railway has reacted by investing in track improvements. Tesoro, which operates one of the largest Washington refineries, has been upgrading its tanker fleet. But regulation has not kept up with the trains.

Federal authority largely pre-empts state oversight of railroads, but Washington officials are pressing ahead with what measures they can.

The House and Senate have exchanged versions of legislation that determine who is responsible for developing spill response plans, and who will be financially responsible for cleaning up. The House bill raises the per-barrel fee on oil unloaded at state refineries by 4 cents to help cover costs associated with new prevention plans. The Senate does not.

The House finished action on its version Tuesday; the Senate on Wednesday. A conference committee will negotiate a compromise.

The biggest disappointment is exemptions in both measures regarding the disclosure of information about shipments.

Emergency responders will get advance notice of train schedules and cargoes – type, volume, etc. – but the information will only be available to the public quarterly, and only in aggregated form. This deference to the railroads and the shippers is unnecessary. The movement of mile-long trains must be the worst-kept secret in ground transportation.

Disclosure this week that a Texas company is considering construction of a refinery at Longview, Washington, which would be the first on the West Coast in 25 years, suggests shipments of Bakken crude will be a public safety matter for a very long time despite the recent plunge in oil prices.

Until Americans get out of their cars, the oil trains will keep running, and Washington must be ready for them.