To amend title 49, United States Code, with respect to the regulation of solid waste by the Environmental Protection Agency.

Summary: Solid Waste Rail Transfer Facilities Regulation Act of 2008 - Requires a solid waste rail transfer facility to comply with all federal and state solid waste environmental laws (except those requiring permits).

Declares that any such facility lacking a state permit shall not be required to possess one (other than a siting permit): (1) if by a certain deadline the facility has applied, in good faith, for all required permits; and (2) until the permitting agency has either approved or denied the permit application.

Declares that any such facility that does not possess a state siting permit shall not be required to possess one to continue to operate or to comply with state land use requirements. Authorizes a state governor to petition the Surface Transportation Board to require the facility to apply for a land-use exemption. Requires the Board to accept such a petition and the facility to have such an exception to continue to operate.

Authorizes the Administrator of the Environmental Protection Agency (EPA) to make modifications to such requirements to protect human health and the environment.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Solid Waste Rail Transfer Facilities 
Regulation Act of 2008''.

SEC. 2. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

    (a) In General.--Chapter 109 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 10908. Regulation of solid waste rail transfer facilities
    ``(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) Definitions.--
            ``(1) In general.--In this section:
                    ``(A) Commercial and retail waste.--The term 
                `commercial and retail waste' means material discarded 
                by stores, offices, restaurants, warehouses, 
                nonmanufacturing activities at industrial facilities, 
                and other similar establishments or facilities.
                    ``(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.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 109 is 
amended by inserting after the item relating to section 10907 the 
following:

``10908. Regulation of solid waste rail transfer facilities.''.

SEC. 3. AUTHORITY FOR ENVIRONMENTAL PROTECTION AGENCY TO MAKE 
              MODIFICATIONS TO PROTECT HUMAN HEALTH AND THE 
              ENVIRONMENT.

    With respect to section 10908 of title 49, United States Code (as 
added by section 2(a) of this Act), the Administrator of the 
Environmental Protection Agency may, with respect to the Solid Waste 
Disposal Act, make modifications to the policies established in such 
section to the extent determined appropriate by the Administrator to 
protect human health and the environment. Any such modifications shall 
be made by regulation.