SEC. 2. REGULATION OF SOLID WASTE RAIL TRANSFER FA-
CILITIES. 
(a) IN GENERAL.—Chapter 109 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 10908. Regulation of solid waste rail transfer facili-
ties 
‘‘(a) IN GENERAL.—Each solid waste rail transfer fa-
cility shall be subject to and shall comply with all applica-
ble Federal and State requirements, both substantive and 
procedural, including judicial and administrative orders 
and fines, respecting the prevention and abatement of pol-
lution, 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 enact-
ment shall comply with all Federal and State re-
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quirements 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 re-
quired 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 per-
mits 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 per-
mits, except siting permits, required pursu-
ant 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. 
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‘‘(B) SITING
PERMITS
AND
REQUIRE-
MENTS.—A solid waste rail transfer facility op-
erating as of the date of enactment of the Clean 
Railroads Act of 2008 that does not possess a 
State siting permit required pursuant to sub-
section (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 pursu-
ant 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 ex-
emption in order to continue to operate, pursu-
ant 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, res-
taurants, warehouses, nonmanufacturing activi-
ties at industrial facilities, and other similar es-
tablishments or facilities. 
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‘‘(B) CONSTRUCTION
AND
DEMOLITION 
DEBRIS.—The term ‘construction and demoli-
tion debris’ means waste building materials, 
packaging, and rubble resulting from construc-
tion, remodeling, repair, and demolition oper-
ations on pavements, houses, commercial build-
ings, 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 estab-
lishments or facilities. 
‘‘(D) INDUSTRIAL WASTE.—The term ‘in-
dustrial waste’ means the solid waste generated 
by manufacturing and industrial and research 
and development processes and operations, in-
cluding contaminated soil, nonhazardous oil 
spill cleanup waste and dry nonhazardous pes-
ticides 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 hos-
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pitals, material discarded by nonmanufacturing 
activities at prisons and government facilities, 
and material discarded by other similar estab-
lishments 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 construc-
tion, maintenance, or repair (including railroad 
ties and line-side poles) or waste generated as 
a result of a railroad accident, incident, or de-
railment, the term ‘solid waste’ means— 
‘‘(i) construction and demolition de-
bris; 
‘‘(ii) municipal solid waste; 
‘‘(iii) household waste; 
‘‘(iv) commercial and retail waste; 
‘‘(v) institutional waste; 
‘‘(vi) sludge; 
‘‘(vii) industrial waste; and 
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‘‘(viii) other solid waste, as deter-
mined appropriate by the Board. 
‘‘(H) SOLID WASTE RAIL TRANSFER FACIL-
ITY.—The term ‘solid waste rail transfer facil-
ity’— 
‘‘(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, man-
aged, disposed of, or transferred, when the 
activity takes place outside of original ship-
ping 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, in-
cluding railroad transportation for the 
purpose of interchanging railroad cars 
containing solid waste shipments; or 
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‘‘(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 treat-
ment plant, or air pollution control facility ex-
clusive of the treated effluent from a waste-
water treatment plant. 
‘‘(2) 
EXCEPTIONS.—Notwithstanding 
para-
graph (1), the terms ‘household waste’, ‘commercial 
and retail waste’, and ‘institutional waste’ do not in-
clude— 
‘‘(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 vehi-
cle parts or vehicle fluff). 
‘‘(3) STATE
REQUIREMENTS.—In this section 
the term ‘State requirements’ does not include the 
laws, regulations, ordinances, orders, or other re-
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quirements of a political subdivision of a State, in-
cluding a locality or municipality, unless a State ex-
pressly delegates such authority to such political 
subdivision.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis 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 PRO-
TECT HUMAN HEALTH AND THE ENVIRON-
MENT. 
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. 
Æ 
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