Page:United States Statutes at Large Volume 122.djvu/4927

 12 2 STA T .490 4 PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8‘ ‘ (6)theproc e s s f or a so lidw aste tra n sfer facilit y ora rail carrier that owns or operates s u ch a facility to petition the B oard for a land - use e x e m ption . ‘‘(c) STAND A R D FO R REVI E W . — ‘‘( 1 ) T he Board may only issue a land-use exemption if it determines that the facility at the existin g or proposed loca- tion does not pose an unreasona b le ris k to public health , safety, or the en v ironment. I n deciding whether a solid waste rail transfer facility that is or proposed to be constructed or operated by or on behalf of a rail carrier poses an unreasonable risk to public health, safety, or the environment, the Board shall weigh the particular facility ’ s potential benefits to and the adverse impacts on public health, public safety, the environ- ment, interstate commerce, and transportation of solid waste by rail. ‘‘( 2 ) The Board may not grant a land-use exemption for a solid waste rail transfer facility proposed to be located on land within any unit of or land affiliated with the N ational P ark System, the National W ildlife Refuge System, the National Wilderness Preservation System, the National Trails System, the National Wild and Scenic Rivers System, a National Reserve, a National M onument, or lands referenced in Public L aw1 08–4 21 for which a State has implemented a conservation management plan, if operation of the facility would be incon- sistent with restrictions placed on such land. ‘‘(d) C ON S IDERATIONS.—When evaluating an application under this section, the Board shall consider and give due weight to the following, as applicable

‘‘(1) the land-use, z oning, and siting regulations or solid waste planning re q uirements of the State or State subdivision in which the facility is or will be located that are applicable to solid waste transfer facilities, including those that are not owned or operated by or on behalf of a rail carrier ‘‘(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste rail transfer facility is proposed to be located; ‘‘( 3 ) regional transportation planning requirements devel- oped pursuant to F ederal and State law; ‘‘(4) regional solid waste disposal plans developed pursuant to State or Federal law; ‘‘( 5 ) any Federal and State environmental protection laws or regulations applicable to the site; ‘‘(6) any unreasonable burdens imposed on the interstate transportation of solid waste by railroad, or the potential for discrimination against the railroad transportation of solid waste, a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility; and ‘‘( 7 ) any other relevant factors, as determined by the Board. ‘‘(e) EX ISTIN G FA C I L ITIES.— U pon the granting of petition from the State in which a solid waste rail transfer facility is operating as of the date of enactment of the Clean Railroads A ct of 2008 by the Board, the facility shall submit a complete application for a siting permit to the Board pursuant to the procedures issued pursuant to subsection (b). No State may enforce a law, regulation, order, or other requirement affecting the siting of a facility that is operating as of the date of enactment of the Clean Railroads

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