[Congressional Record Volume 153, Number 34 (Wednesday, February 28, 2007)]
[Senate]
[Pages S2371-S2372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Menendez, Mr. Kennedy, and 
        Mr. Reed):
  S. 719. A bill to amend section 10501 of title 49, United States 
Code, to exclude solid waste disposal from the jurisdiction of the 
Surface Transportation Board; to the Committee on Commerce, Science, 
and Transportation.
  Mr. LAUTENBERG. Mr. President, I rise today to re-introduce 
legislation that will close an egregious loophole in federal law. 
Currently, this loophole permits solid waste management facilities 
operated near railroads to go unregulated--free from meeting any 
minimum level of safety, health, and environmental standards. 
Basically, this loophole prevents state or local law from regulating 
the operation of these facilities on property owned or controlled by 
railroads.
  In fact, just last week, a United States District Court judge 
declared this loophole alive and well. By shutting down the State of 
New Jersey's efforts to regulate solid waste rail facilities, this 
ruling allows the continuing proliferation of these unregulated 
facilities--which are already spreading quickly throughout the 
Northeast United States.
  These unregulated facilities present an imminent threat to public 
health and the environment. My bill, the Clean Railroads Act of 2007, 
will close this loophole once and for all. Almost 2 years ago, I first 
introduced legislation to address this problem, and I renew that effort 
today.
  This problem could easily be solved by proper interpretation of 
current federal law. Such an interpretation could be made by the 
federal Surface Transportation Board (STB), an independent board 
charged with economic regulation of railroads. However, despite several 
opportunities, the STB has chosen not to define a clear position on 
this issue. I have urged the Board members to address this problem, as 
the loophole in federal law has allowed even more of these unregulated 
facilities to operate.
  Last week's court ruling has highlighted the need to find a solution 
to this problem immediately, and my bill would do just that.
  Let me be clear that my concern is not the transport of solid waste 
by rail. Railroads provide a vital role in commerce in the United 
States and the benefits of rail transportation are numerous, as we in 
New Jersey know. Further, the transportation of waste via rail is not 
at issue here, and I am not opposed to the operation of solid waste 
management facilities on property owned or controlled by railroads.
  My chief concern is the lawful management of solid waste facilities. 
If a solid waste management facility is to be operated on rail 
property, it must be regulated like any other such facility. That is 
not happening today.
  The threats posed by unregulated waste management facilities 
operating on property owned or controlled by railroads are so great 
that a broad and diverse coalition of public and private sector 
entities have been formed to oppose these rogue operations. I thank 
these coalition members for their continued efforts, and will be 
looking forward to the day in which their fears over this issue can be 
permanently assuaged.
  Responsible management of solid waste requires safeguards to protect 
public health and the environment. As Chairman of the Commerce 
Committee's Subcommittee on Surface Transportation and Merchant Marine 
Infrastructure, Safety, and Security, which has jurisdiction over 
railroads and the Surface Transportation Board, I will work to ensure 
this loophole does not continue to let the hazards of unregulated solid 
waste rail facilities affect the lives of New Jerseyans and other 
Americans.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 719

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clean Railroads Act of 
     2007''.

[[Page S2372]]

     SEC. 2. AMENDMENTS TO EXCLUDE SOLID WASTE FACILITIES FROM THE 
                   JURISDICTION OF THE BOARD.

       Section 10501 of title 49, United States Code, is amended--
       (1) by striking ``facilities,'' in subsection (b)(2) and 
     inserting ``facilities (except solid waste management 
     facilities (as defined in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903))),''; and
       (2) by striking ``over mass transportation provided by a 
     local governmental authority.'' in subsection (c)(2) and 
     inserting ``over--
       ``(A) mass transportation provided by a local governmental 
     authority; or
       ``(B) the processing or sorting of solid waste.''.

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