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HomeMy WebLinkAboutres2014-001 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 -- 64 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 1/28/2014 1/28/2014 Other Business Division Head: Dept.Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Resolution supporting increased safety standards for rail tank cars ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution supporting increased safety standards for rail tank cars that transport oil,ethanol,and other flammable liquids through Whatcom County, and calling on the Federal U.S pipeline and hazardous materials safety administration to adopt as soon as possible rules requiring safety retrofitting of existing rail cars. COMMITTEE ACTION: COUNCIL ACTION: 1/28/2014: Council Approved 7-0 Res. 2014-001 • Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2014-001 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. SPONSORED By: Weimer PROPOSED BY: Weimer INTRODUCTION DATE: 1/28/2014 RESOLUTION NO. 2014-001 SUPPORTING INCREASED SAFETY STANDARDS FOR RAIL TANK CARS THAT TRANSPORT OIL, ETHANOL, AND OTHER FLAMMABLE LIQUIDS THROUGH WHATCOM COUNTY, AND CALLING ON THE FEDERAL U.S PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION TO ADOPT AS SOON AS POSSIBLE RULES REQUIRING SAFETY RETROFITTING OF EXISTING RAIL CARS WHEREAS, Public Safety is Whatcom County's primary goal; and WHEREAS, rail freight operations impacts thousands of communities across all regions of the United State of America; and WHEREAS, rail lines through Whatcom County pass near the homes of thousands of Whatcom County residents and near numerous businesses, recreation sites, transportation centers, and other critical infrastructure; and WHEREAS, safe rail operations are of critical interest to local governments, and there is a demonstrable need for (1) preventing catastrophic rail accidents that have occurred most recently on four locations in Canada and the United States; and (2) local governments to provide the primary emergency response to rail accidents that happen within their jurisdiction; and (3) local governments and communities to have a mechanism to recover the clean-up costs, environmental remediation costs, medical expenses, and any other damages and/or claims that are not reimbursed by the responsible party; and WHEREAS, rail transports 11% of the nation's oil, according to the Association of American Railroads; and WHEREAS, according to the Association of American Railroads, the transport of crude oil by rail tank car has increased from 9,500 carloads in 2008 to about 400,000 carloads in 2013, and is likely to increase still further; and WHEREAS, there are 92,000 rail tank cars carrying oil, ethanol, and other flammable liquids, with the vast majority (85%) not meeting puncture-resistance and other standards that apply to new tank cars; and WHEREAS, in 2011, railroads and shippers voluntarily established tougher standards for new tank cars, but only 15%, approximately 14,000 rail tank cars, of the tank cars in use meet this standard; and WHEREAS, the railroad industry, which does not own the majority of tank cars authorized to travel on the nation's railways, has recently urged federal regulators to toughen the existing standards for new tank cars and require that existing tank cars used to transport flammable liquids, including crude oil, be retrofitted with advanced safety-enhancing technologies, or if not upgraded, aggressively phased out; and WHEREAS, Whatcom County can expect to see an increase of as many as two 100-car unit trains traveling to regional refineries daily; and WHEREAS, regional refineries share our commitment and concern for the communities in which their employees live, work, recreate, and raise families; and WHEREAS, BP has committed to dedicating 400 new rail cars to their Cherry Point facility that are newly designed and incorporate higher-grade steel, shielding for the tank heads and rollover protection, but other rail cars traveling the rail corridor through Whatcom County may not be similarly equipped; and WHEREAS, improvements in the rail infrastructure as well as rail operational and maintenance safety requirements should continue to be a priority; and WHEREAS, in the event of a derailment and/or spill, significant adverse effects to habitat, both marine and near-shore, as well as air and water quality could occur; and WHEREAS, the U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Administration (PHMSA) issued a safety alert on January 2, 2014 stating that "the type of oil being transported from the Bakken region may be more flammable than traditional heavy crude oil," and requiring additional testing and other safety measures in response; and WHEREAS, PHMSA has issued an advance notice of proposed rulemaking regarding the safety of DOT-111 rail cars, which are used to transport oil; and WHEREAS, there is compelling rationale for making long overdue changes in safe rail operations whether through the retrofitting of existing rail tank cars or through increased standards on new tank cars or both. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Whatcom County supports the implementation of increased safety standards for rail-tank cars, and encourages efforts of industry to retrofit or replace rail-tank cars as soon as possible to meet puncture resistant and other safety standards. BE IT FURTHER RESOLVED that we call upon the U.S. Department Of Transportation's Pipeline and Hazardous Materials Safety Administration to adopt as soon as possible in 2014 rules requiring an accelerated retrofitting of existing cars to an equal standard to that required of newly manufactured rail cars. BE IT FINALLY RESOLVED that we further call on federal officials to support and assist local governmffi0tsir'inii appropriate enhanced emergency response planning and emergency response q0 citCfu i1/,dank cars with flammable liquids. .' ,` 9`° 4,? fir"," ®;4#kOAVE tai 28th day of January, 2014. z 0, �,4 C CSI_;ii WHATCOM COUNTY COUNCIL A ��" ' WHATCOM COUNTY, WASHINGTON 4'4111401.11*' M Dana:'- wn-D.av�,��"erk of� 1e Council Carl Weimer, Council Chair A•PRGVED AS TO FO) ' : (lf/ i ,, evil Deputy Prosecutor