12 2 STA T .490 0 PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8Transpo r t at i on c ontainin g t hem o d e l plan and recommendations de v eloped by the tas kf orce u nder subsection ( b ).TI T LEV I —C L AR I F ICATI ON OF FE D ERAL JU RI S DICTION OVER SOLID W ASTE FACILITIES SEC.601 .S HORT T I T L E. This title may be cited as the ‘ ‘ C lean R ailroads A ct of 20 0 8’ ’. SEC. 60 2 . CL A RI F ICATIO N OF G ENERAL JU RIS D ICTION O V ER SOLID W ASTE TRANSFER FACILITIES. S ection 1 0 5 01(c)(2) is amended to read as follo w s
‘‘(2) Ex cept as provided in paragraph ( 3 ) , the B oard does not have j urisdiction 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 10 9 08 of this title, except as provided under sections 10908 and 10909 of this title.’’. SEC. 60 3 . REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. (a) INGE NE RAL .—Chapter 109 is amended by adding at the end thereof the following: ‘ ‘ §109 0 8.Regulation o fs oli dw aste r ail transfer fa c ilities ‘‘(a) IN GENERAL.—Each solid waste rail transfer facility shall be subject to and shall comply with all applicable F ederal and State re q uirements, 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 100 4 (29) of the Solid W aste D isposal Act (42 U .S.C. 6 903(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) E XIST IN G FA C ILITIES.— ‘‘(1) STATE LA W SAN D STANDARDS.— N ot 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) P ER M IT RE QU IREMENTS.— ‘‘(A) STATE N O N-SITING P ERMITS.—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 Deadlin e . Deadline. 49USC105 01. 49 USC 10101 n ot e. Clean R ail r oad sAc to f2 00 8 .
�
