H. R. 2095—53 
Transportation containing the model plan and recommendations 
developed by the task force under subsection (b). 
TITLE VI—CLARIFICATION OF FEDERAL 
JURISDICTION OVER SOLID WASTE 
FACILITIES 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Clean Railroads Act of 2008’’. 
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID 
WASTE TRANSFER FACILITIES. 
Section 10501(c)(2) is amended to read as follows: 
‘‘(2) Except as provided in paragraph (3), the Board does not 
have jurisdiction under this part over— 
‘‘(A) mass transportation provided by a local government 
authority; or 
‘‘(B) a solid waste rail transfer facility as defined in section 
10908 of this title, except as provided under sections 10908 
and 10909 of this title.’’. 
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. 
(a) IN GENERAL.—Chapter 109 is amended by adding at the 
end thereof the following: 
‘‘§ 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 preven-
tion 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 provi-
sions 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 enact-
ment, the solid waste rail transfer facility has sub-
mitted, in good faith, a complete application for all
H. R. 2095—54 
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 Gov-
ernor 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 sec-
tion 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 sec-
tion 10909 of this chapter shall affect a rail carrier’s ability to 
conduct transportation-related activities with respect to commod-
ities other than solid waste. 
‘‘(e) 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, nonmanufac-
turing 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 regu-
lated 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
H. R. 2095—55 
waste discarded by hospitals, material discarded by non-
manufacturing activities at prisons and government facili-
ties, and material discarded by other similar establish-
ments 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 gen-
erated 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 oper-
ated 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, dis-
posed 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 com-
prised solely of the railroad transportation of solid 
waste after the solid waste is loaded for shipment 
on or in a rail car, including railroad transpor-
tation for the purpose of interchanging railroad 
cars containing solid waste shipments; or 
‘‘(II) a facility where solid waste is solely trans-
ferred 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, commer-
cial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility 
exclusive of the treated effluent from a wastewater treat-
ment 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;
H. R. 2095—56 
‘‘(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, ordi-
nances, 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 subdivi-
sion.’’. 
(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. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMP-
TION AUTHORITY. 
(a) IN GENERAL.—Chapter 109 is further amended by adding 
at the end thereof the following: 
‘‘§ 10909. Solid waste rail transfer facility land-use exemption 
‘‘(a) AUTHORITY.—The Board may issue a land-use exemption 
for a solid waste rail transfer facility that is or is proposed to 
be operated by or on behalf of a rail carrier if— 
‘‘(1) the Board finds that a State, local, or municipal law, 
regulation, order, or other requirement affecting the siting of 
such facility unreasonably burdens the interstate transportation 
of solid waste by railroad, discriminates against the railroad 
transportation of solid waste and a solid waste rail transfer 
facility, or a rail carrier that owns or operates such a facility 
petitions the Board for such an exemption; or 
‘‘(2) the Governor of a State in which a facility that is 
operating as of the date of enactment of the Clean Railroads 
Act of 2008 is located, or his or her designee, petitions the 
Board to initiate a permit proceeding for that particular facility. 
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later than 90 
days after the date of enactment of the Clean Railroad Act of 
2008, the Board shall publish procedures governing the submission 
and review of applications for solid waste rail transfer facility 
land-use exemptions. At a minimum, the procedures shall address— 
‘‘(1) the information that each application should contain 
to explain how the solid waste rail transfer facility will not 
pose an unreasonable risk to public health, safety, or the 
environment; 
‘‘(2) the opportunity for public notice and comment 
including notification of the municipality, the State, and any 
relevant Federal or State regional planning entity in the juris-
diction of which the solid waste rail transfer facility is proposed 
to be located; 
‘‘(3) the timeline for Board review, including a requirement 
that the Board approve or deny an exemption within 90 days 
after the full record for the application is developed; 
‘‘(4) the expedited review timelines for petitions for modi-
fications, amendments, or revocations of granted exemptions; 
‘‘(5) the process for a State to petition the Board to require 
a solid waste transfer facility or a rail carrier that owns or 
operates such a facility to apply for a siting permit; and