12 2 STA T .4903PUBLIC LA W 110 – 432 —O CT. 1 6, 200 8‘ ‘ (E)medicalor i nf ec t io usw aste
or ‘‘( F ) motor v e h icles (includin g motor vehicle p arts or vehicle fluff) . ‘‘( 3 ) STA T ER E QUI RE M E N T S . —I n this section the term ‘State re q uirements ’ does not include the laws , regulations, ordi - nances, orders, or other requirements of a political su b division of a State, including a localit y or municipality, unless a State e x pressly delegates such authority to such political subdivi- sion.’’. (b) CO N F ORMIN GA MEN D MENT.— T he chapter analysis for chapter 109 is amended by inserting after the item relating to section 1090 7 the following
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‘ 109 0 8.Regulation o fs oli dw aste r ail transfer fa c ilities. ’ ’. SEC.604 .S OLIDWA S T E R AIL TRA N S F ER FACILIT Y LAND -U SEE X E MP - TION AUT H ORITY. (a) IN G ENERA L .—Chapter 109 is further amended by adding at the end thereof the following: ‘ ‘ §109 09 .Solidwaster ail tra n s f er fa c ilit y land -u see x e mp tion ‘‘(a) AUT H ORIT Y .—The B oard 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 R ailroads Act of 200 8 is located, or his or her designee, petitions the Board to initiate a permit proceeding for that particular facility. ‘‘(b) L AND- U SEE X EM P TION P RO C EDURES.— N ot 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 ris k 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 j uris- 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 Deadlin e .Pub li c a t i o n.
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