Surface Transportation Board issues Decision denying the request for a declaratory order regarding preemption of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)
On Dec 29, the Surface Transportation Board issued its Decision denying the request for a declaratory order regarding preemption of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) permitting program and discharge prohibition, Docket No. FD 36369, Association of American Railroads – Petition for Declaratory Order. While the Board declined to issue a declaratory order, it provided guidance and explained that the NPDES permitting program and discharge prohibition would likely be preempted by 49 U.S.C. § 10501(b) if applied to discharges incidental to the operation of rail cars in transit. This Decision is helpful to ARR and FRCA which submitted comments in support of AAR’s request. For further details read here.
