Decision 50359
Served (printed as 12/30/2020) · Decision · Entire Board
DECLINED TO ISSUE A DECLARATORY ORDER BUT EXPLAINED THAT THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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.
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