New railroad safety rules taking effect next month

OLYMPIA — New rail safety rules will take effect next month as the state begins bolstering its defenses against the risks from a growing number of oil trains traveling throughout Washington.

Warning signs will be installed at rail crossings on private property and railroad firms must show their financial means to pay for a “reasonable” worst-case accident, under rules adopted earlier this month by the state Utilities and Transportation Commission.

Anther change will allow large population cities like Everett to obtain state help for inspecting tracks. Also a regulatory fee paid by the railroad industry will go up and the additional money will be used by the commission to hire more track inspectors.

The rules, which take effect March 11, are a result of a 2015 law passed in response to the increasing amount of crude oil transported by train. The comprehensive law dealt with prevention of and response to derailments or other incidents.

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. Now in a typical week, a dozen or more trains carrying at least 1 million gallons of Bakken crude travel through the county to refineries in Skagit and Whatcom counties.

And the number might go higher if the proposed Gateway Pacific Terminal at Cherry Point near Ferndale is built.

The commission mandates evolved through public hearings and months of talks involving staff, environmentalists and rail industry representatives.

“I think everyone is interested in preserving the safety of the state’s residents,” said Jason Lewis, transportation policy adviser to the commission.

Under the commission rules, new signage requirements will be enforced on the estimated 350 private crossings located along oil routes.

Railroad firms are responsible for ensuring signs alerting drivers to an upcoming crossing are installed by mid-July. These will not involve flashing lights and bells but will be placards with the words “private crossing” and the Crossbuck symbol.

“We want to make sure we have at least minimum amount of signage so people know they are going over a crossing,” Lewis said.

Under the financial responsibility rule change, rail firms will provide the state with certain documentation demonstrating their ability to pay costs incurred in the event of a “reasonable worst-case” scenario involving one of their trains.

Companies like BNSF Railway and Union Pacific Railroad will need to turn in information about their level of insurance and reserve accounts. They also must report the average amount of oil shipped by train the previous year as well as indicate the largest train of the previous year.

That information will enable commission staff to figure out if the companies are able to cover the cost of cleanup which in the rule is calculated to be $16,800 per barrel or $400 per gallon.

Another rule will allow Everett and other first-class cities — defined as those with a population of 10,000 or more at the time of organization — to join the commission’s safety inspection program. If Everett opted in, the commission would take over the task of inspecting crossings on oil routes in the city. If improvements or modifications are needed, the city and commission would discuss how to get it done.

The new commission rules are just the first batch of changes spawned by the 2015 oil transportation law. The state Department of Ecology is working on the second.

One new rule aims to provide cities, counties, tribes and fire departments advance notice of when an oil train is coming through a community. It will apply to operators of facilities that receive crude oil by rail and pipeline.

Ecology officials are now collecting feedback from interested parties on how much detail on the type and source of oil being shipped should be contained in the notices. Formal language is due out in April with adoption anticipated by August, according to a timeline on the agency’s website.

The department is also beefing up requirements for railroads to provide contingency plans for dealing with oil train and pipeline incidents. That language is due out this spring for possible adoption this summer.

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

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Lynnwood councilor Joshua Binda speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Does the Lynnwood Council VP live in Lynnwood? It’s hard to say.

Josh Binda’s residency has been called into question following an eviction and FEC filings listing an Everett address. He insists he lives in Lynnwood.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

An American Robin picks a berry from a holly tree on Thursday, Feb. 13, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Calling all birders for the annual Great Backyard Bird Count

The Audubon Society will hold its 28th annual Great Backyard… Continue reading

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

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.