PRIA, Government Policy, Made Personal

Summary

Every solid waste rail transfer facility must follow all federal and state pollution, environmental, and public health rules just like any similar non-rail waste facility, except as provided in section 10909. Facilities that were operating when the Clean Railroads Act of 2008 passed had 90 days to meet those rules except for permits. If a facility did not already have required non-siting permits, it had 180 days after the Act to file a complete, good-faith application and could keep operating until each permit was approved or denied. Facilities that lacked state siting permits when the Act passed do not need a siting permit or to follow state land-use rules to keep operating unless the State Governor asks the Board to require a land-use exemption under section 10909; the Board must accept such a petition and the facility must get the Board exemption to continue. No rail customer may demand service at a facility that does not already have the federal land-use exemption and state permits at that location. The law does not affect rail transport of things other than solid waste. Key defined terms (one line each): commercial and retail waste—waste from stores, offices, restaurants, and similar places; construction and demolition debris—building and demolition waste and rubble; household waste—waste from homes, hotels, and similar housing; industrial waste—waste from factories and labs, excluding certain hazardous, mining, or oil and gas wastes; institutional waste—waste from schools, nonmedical hospital waste, prisons, and government buildings; municipal solid waste—includes household, commercial, and institutional waste; solid waste—includes construction debris, municipal solid waste, sludge, industrial waste, and other solid waste but not waste from railroad track work or accidents; solid waste rail transfer facility—the part of a rail-owned or -operated site where solid waste is handled outside original shipping containers (but not routine rail transport after loading or direct tank-to-tank transfers); sludge—waste from wastewater, water treatment, or air pollution control plants. Household, commercial, and institutional waste do not include yard waste, used oil, wood pallets or clean wood, medical/infectious waste, or motor vehicles and parts. "State requirements" do not include local rules unless the State gives that authority.

Title 49, §10908

Transportation, Source: USLM XML via OLRC

(a)In General.—

Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 6903(29)) that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter.

(b)Existing Facilities.—

(1)State laws and standards.—

Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits.

(2)Permit requirements.—

(A)State non-siting permits.—

Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility—

(i)if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant such permits; and

(ii)until the permitting agency has either approved or denied the solid waste rail transfer facility’s application for each permit.

(B)Siting permits and requirements.—

A solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a State siting permit required pursuant to subsection (a) as of such date of enactment shall not be required to possess any siting permit to continue to operate or comply with any State land use requirements. The Governor of a State in which the facility is located, or his or her designee, may petition the Board to require the facility to apply for a land-use exemption pursuant to section 10909 of this chapter. The Board shall accept the petition, and the facility shall be required to have a Board-issued land-use exemption in order to continue to operate, pursuant to section 10909 of this chapter.

(c)Common Carrier Obligation.—

No prospective or current rail carrier customer may demand solid waste rail transfer service from a rail carrier at a solid waste rail transfer facility that does not already possess the necessary Federal land-use exemption and State permits at the location where service is requested.

(d)Non-Waste Commodities.—

Nothing in this section or section 10909 of this chapter shall affect a rail carrier’s ability to conduct transportation-related activities with respect to commodities other than solid waste.

(e)Definitions.—

(1)In general.—

In this section: (A) Commercial and retail waste.—

(B)Construction and demolition debris.—

The term “construction and demolition debris” means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures.

(C)Household waste.—

The term “household waste” means material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities.

(D)Industrial waste.—

The term “industrial waste” means the solid waste generated by manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste and dry nonhazardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or oil and gas waste.

(E)Institutional waste.—

The term “institutional waste” means material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities.

(F)Municipal solid waste.—

The term “municipal solid waste” means—

(i)household waste;

(ii)commercial and retail waste; and

(iii)institutional waste.

(G)Solid waste.—

With the exception of waste generated by a rail carrier during track, track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment, the term “solid waste” means—

(i)construction and demolition debris;

(ii)municipal solid waste;

(iii)household waste;

(iv)commercial and retail waste;

(v)institutional waste;

(vi)sludge;

(vii)industrial waste; and

(viii)other solid waste, as determined appropriate by the Board.

(H)Solid waste rail transfer facility.—

The term “solid waste rail transfer facility”—

(i)means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in section 10102 of this title) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but

(ii)does not include—

(I)the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing solid waste shipments; or

(II)a facility where solid waste is solely transferred or transloaded from a tank truck directly to a rail tank car.

(I)Sludge.—

The term “sludge” means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

(2)Exceptions.—

Notwithstanding paragraph (1), the terms “household waste”, “commercial and retail waste”, and “institutional waste” do not include—

(A)yard waste and refuse-derived fuel;

(B)used oil;

(C)wood pallets;

(D)clean wood;

(E)medical or infectious waste; or

(F)motor vehicles (including motor vehicle parts or vehicle fluff).

(3)State requirements.—

In this section the term “State requirements” does not include the laws, regulations, ordinances, orders, or other requirements of a political subdivision of a State, including a locality or municipality, unless a State expressly delegates such authority to such political subdivision.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Clean Railroads Act of 2008, referred to in subsec. (b), is the date of enactment of title VI of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008. The Solid Waste Disposal Act, referred to in subsec. (e)(1)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 6901 of Title 42 and Tables.

Prior Provisions

For prior section 10908, see note set out under section 10907 of this title.

§10908 Regulation of Solid Waste Rail Transfer Facilities