---
kind: "section"
citation: "49 C.F.R. § 1155.24"
title: "49"
number: "1155.24"
heading: "Environmental review."
url: "https://uscodex.org/cfr/49/1155.24"
---

# §1155.24. Environmental review.

- (a) A land-use-exemption permit generally will require the preparation of an EIS. OEA may reclassify the environmental review requirements of land-use-exemption proceedings on a case-by-case basis, pursuant to [49 CFR 1105.6(d)](/cfr/49/1105.6.md?p=d).
- (b) An applicant for a land-use-exemption permit must submit an Environmental Report, at least 45 days prior to filing a land-use-exemption-permit application, containing the information described at [49 CFR 1105.7](/cfr/49/1105.7.md) to the extent applicable to solid waste rail transfer facilities. Applicants shall concurrently file a Historic Report containing the information at [49 CFR 1105.8](/cfr/49/1105.8.md) if applicable. The Environmental Report must also contain a discussion of the five factors for consideration listed at [49 U.S.C. 10909(d)(1) through (5)](/usc/49/10909.md?p=d-1..d-5) and address any associated environmental impacts as they relate to the facility for which a land-use-exemption permit is sought.
- (c) The Board strongly encourages applicants to use third-party contractors to assist OEA in preparing the appropriate environmental documentation in land-use-exemption-permit proceedings. See [49 CFR 1105.10(d)](/cfr/49/1105.10.md?p=d). The environmental reporting requirements outlined above that would otherwise apply are waived if an applicant hires a third-party contractor, OEA approves the scope of the contractor's work, and the contractor works under OEA's direct supervision. See [49 CFR 1105.10(d)](/cfr/49/1105.10.md?p=d). If an applicant does not hire an independent third-party contractor, the Board may hire a third-party contractor and charge the costs for the contractor to the applicant. See [49 U.S.C. 10909(h)](/usc/49/10909.md?p=h).
- (d) The Board's procedures set forth in [49 CFR 1105.10](/cfr/49/1105.10.md) for implementation of environmental laws are controlling unless superseded by provisions in this Part.
- (e) An applicant for a land-use-exemption permit must follow the Board's procedures at [49 CFR 1105.9](/cfr/49/1105.9.md) for compliance with the Coastal Zone Management Act, [16 U.S.C. 1451 through 1465](/usc/16/1451..1465.md), if that act is applicable.

## Notes

### Authority

Authority: 49 U.S.C. 1321(a), 10908, 10909, 10910.

### Source

Source: 77 FR 69774, Nov. 21, 2012, unless otherwise noted.