James Oberstar: “the essential issue here is not whether the noxious fumes, whether the groundwater pollution caused by solid waste…”

“the essential issue here is not whether the noxious fumes, whether the groundwater pollution caused by solid waste deposited on rail property should be regulated. The question here is whether the language and the manner in which the gentleman proposes to prevent those effects upon nearby communities is in interference with the authority and the preemption authority of the Federal Railroad Administration. Mr. Mulvey, one of the commissioners of the Surface Transportation Board, said, ``I believe that an amendment such as this is necessary to redress the growing misuse of Federal railroad preemption law . . . with respect to solid waste transload facilities.'' But he, too, expresses concerns that it could be interpreted too broadly to frustrate the zoning of legitimate solid waste transfer facilities. This is an issue, he says, that can be worked out. It can be worked out, and we are committed to doing so, with participation of the gentleman from Pennsylvania.”