The U.S. Senate Appropriations Committee recently approved legislation sponsored by Sen. Frank R. Lautenberg (D-N.J.) that requires the federal Surface Transportation Board to get the approval of state environmental agencies before granting a railroad waste facility permission to operate in Fiscal Year 2009.

According to a press release from Lautenberg's office, the environmental agencies would make sure that these solid waste facilities meet their standards and do not threaten the health of area residents or communities.

The measure was included in a oneyear spending bill for transportation and housing programs that expires after one year. Currently, a loophole in federal law prevents the state from enforcing environmental, health and safety regulations at these sites. Officials in New Jersey and other states want to regulate these facilities after finding fire hazards, debris in local neighborhoods, and potential for groundwater contamination.

The issue surfaced in Red Bank in 2007 when Red Bank Recycling proposed building a 600-ton-per-day rail-transfer facility for construction and demolition waste on its site. The application for the waste-transfer station went before the Monmouth County Solid Waste Advisory Council (SWAC).

The proposal drew the opposition of the Red Bank Borough Council and Lautenberg and Rep. Frank Pallone (D-6th District), who sponsored companion bills aimed at bringing solid-waste-handling facilities near rail lines under state control.

Red Bank Recycling withdrew plans in the face of public and official opposition developed.

"This provision will help give states the ability to force the cleanup of these rail waste sites," Lautenberg said. "From piles of waste sitting on these sites to lack of adequate protection from fires, New Jersey residents deserve better than to have potential health hazards in their backyards. This measure will protect our communities from unregulated waste sites while we work to pass a permanent law granting states the rights to regulate these activities."

According to the press release, courts have ruled that the only agency that can oversee rail waste sites is the federal Surface Transportation Board (STB); however, the board does not actively regulate them. No federal safety or environmental standards exist, and the agency has no inspectors. In fact, the board has prevented any state from regulating rail solid waste sites within its borders, including 22 current or proposed ones in New Jersey.

The garbage piles at these rail waste sites can reach two stories high and pose a serious health and environmental risk to New Jerseyans who live near these sites, according to the senator.

This provision would extend an existing Lautenberg law originally enacted in December 2007, which is due to expire in September. This provision would give sufficient time for Congress to pass permanent legislation, such as the bipartisan Clean Railroads Act of 2007 (S.719), which is sponsored by Lautenberg, Sen. Robert Menendez (D-N.J.) and seven other senators.

This bill would change federal law permanently to give New Jersey the ability to regulate these sites. The chief sponsor of companion legislation in the House of Representatives is Pallone. Lautenberg said he expects the Clean Railroads Act to be considered by the Senate this year, after already passing the House last fall.

Lautenberg serves as chairman of the Senate Commerce Committee's subcommittee on Surface Transportation and Merchant Marine Safety, Security, and Infrastructure. His subcommittee has jurisdiction over railroad issues and oversees the confirmation of STB commissioners.

Lautenberg is also a member of the Senate Appropriations Committee. The provision was adopted unanimously at a recent meeting of the appropriations committee.