Legislation aimed at closing railroad loophole approved

The U.S. House of Representatives on Oct. 17 approved an amendment offered by U.S. Reps. Frank Pallone Jr. (D-N.J.) and Patrick Murphy (D-Pa.) to the Federal Railroad Safety Improvement Act of 2007 that would give states the authority to regulate solid waste facilities. The amendment was unanimously approved by voice vote, according to a press release from Pallone's office.

Pallone, whose congressional district includes much of Monmouth County, said the amendment was needed to fill a so-called loophole in federal law that has been exploited by some waste handlers and railroad companies that set up unregulated waste transfer facilities.

Under the Interstate Commerce Commission Termination Act of 1995, the Surface Transportation Board (STB) has exclusive jurisdiction over "transportation by rail carriers" and the ability to grant federal preemption over other laws at any level - local, state or federal - that might impede such transportation. Pallone said Congress intended such authority to extend only to transportation by rail, not to the operation of facilities that are merely sited next to rail operations.

This situation was at issue in Freehold Township recently when an Ohio railroad company filed an application to site a solid waste transfer station on a Route 33 property that is near a railroad line.

A citizens group known as the Sludge Busters joined with local, county, state and federal officials to successfully lobby the STB to reject that application. The STB eventually said the railroad company had not provided all information requested and rejected the proposal for the solid waste transfer station on Route 33.

During the time the issue was being discussed Congressman Christopher Smith (R-N.J.), whose congressional district includes Freehold Township, helped residents and local officials bring their concerns to the attention of the appropriate federal officials.

"We would like to thank Congressman Chris Smith for his diligence and outstanding efforts concerning the petition before the Surface Transportation Board. The Township Committee and I have had numerous meetings with Congressman Smith concerning this issue. This is a tremendous victory for the residents of Freehold Township as well as western Monmouth County. Chris Smith has stepped to the forefront on behalf of the residents of Freehold Township," Mayor Dorothy H. Avallone said.

When the issue of the solid waste transfer station was being discussed, Pallone indicated at the time that he would seek to permanently close the loophole in the federal law.

According to the press release, the amendment that was approved by the House on Oct. 17 allows state and local authorities to regulate solid waste management facilities by stating that the STB does not have exclusive authority to pre-empt state and local regulation of these facilities. It also clarifies that solid waste sorting and processing facilities are subject to federal environmental laws and are not to be recognized as "railroads," which are currently exempt from such laws.

"By approving this amendment, the House sent a strong message that it does not want the Surface Transportation Board as the sole regulator of waste transfer facilities," Pallone said. "I'm encouraged that my colleagues agree that state and local governments should have the authority to protect their communities and the environment by regulating these facilities that have flown under the radar for too long."

Currently, more than a dozen railroad transfer facilities have been proposed or are now in operation in New Jersey, one of which handles hazardous waste, according to the press release. The state has tried repeatedly to impose regulations on the trash piles in an effort to protect those New Jerseyans who live and work near them.

In February, Pallone introduced H.R. 1248, The Clean Railroads Act of 2007, in the U.S. House of Representatives that will ensure solid waste facilities next to rail lines fall under the same regulations as every other waste facility, which would allow New Jersey to regulate these facilities.

Companion legislation was introduced in the U.S. Senate by U.S. Sen. Frank R. Lautenberg (D-N.J.). The amendment approved by the House on Oct. 17 accomplishes the main points of that legislation, according to the press release.

The legislation now goes to the Senate for its review. In September, the Senate Commerce, Science and Transportation Committee approved a railroad safety bill, but the full Senate has yet to act.