STB Asks for Comments on Clean Railroads Act of 2008

WASHINGTON — The Surface Transportation Board issued a Notice of Proposed Rulemaking requesting comments on proposed rules to implement The Clean Railroads Act of 2008 (Pub. L. No. 110-432), concerning solid waste rail transfer facilities.

The proposed rules also will serve as interim rules until completion of the rulemaking proceeding.

The Clean Railroads Act, enacted in October 2008, adds new sections 10908-10 to Title 49 of the United States Code.  Those sections limit the Board’s authority related to solid waste rail transfer facilities and expand the authority of states to regulate these facilities.

The proposed rules address such topics as what existing and proposed solid waste rail transfer facilities must do to comply with the Clean Railroads Act; the Board’s role under the Clean Railroads Act; and the effects of the Clean Railroads Act and land-use-exemption permits.  Comments on the proposed rules are due by Feb. 23; reply comments may be filed by March 23.