42 U.S.C. § 6905 : US Code - Section 6905: Application of chapter and integration with other Acts

Search 42 U.S.C. § 6905 : US Code - Section 6905: Application of chapter and integration with other Acts

(a) Application of chapter
Nothing in this chapter shall be construed to apply to (or to
authorize any State, interstate, or local authority to regulate)
any activity or substance which is subject to the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], the Safe Drinking
Water Act [42 U.S.C. 300f et seq.], the Marine Protection, Research
and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.,
33 U.S.C. 1401 et seq., 2801 et seq.], or the Atomic Energy Act of
1954 [42 U.S.C. 2011 et seq.] except to the extent that such
application (or regulation) is not inconsistent with the
requirements of such Acts.
(b) Integration with other Acts
(1) The Administrator shall integrate all provisions of this
chapter for purposes of administration and enforcement and shall
avoid duplication, to the maximum extent practicable, with the
appropriate provisions of the Clean Air Act [42 U.S.C. 7401 et
seq.], the Federal Water Pollution Control Act [33 U.S.C. 1251 et
seq.], the Federal Insecticide, Fungicide, and Rodenticide Act [7
U.S.C. 136 et seq.], the Safe Drinking Water Act [42 U.S.C. 300f et
seq.], the Marine Protection, Research and Sanctuaries Act of 1972
[16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801
et seq.], and such other Acts of Congress as grant regulatory
authority to the Administrator. Such integration shall be effected
only to the extent that it can be done in a manner consistent with
the goals and policies expressed in this chapter and in the other
acts referred to in this subsection.
(2)(A) As promptly as practicable after November 8, 1984, the
Administrator shall submit a report describing -
(i) the current data and information available on emissions of
polychlorinated dibenzo-p-dioxins from resource recovery
facilities burning municipal solid waste;
(ii) any significant risks to human health posed by these
emissions; and
(iii) operating practices appropriate for controlling these
emissions.
(B) Based on the report under subparagraph (A) and on any future
information on such emissions, the Administrator may publish
advisories or guidelines regarding the control of dioxin emissions
from such facilities. Nothing in this paragraph shall be construed
to preempt or otherwise affect the authority of the Administrator
to promulgate any regulations under the Clean Air Act [42 U.S.C.
7401 et seq.] regarding emissions of polychlorinated dibenzo-p-
dioxins.
(3) Notwithstanding any other provisions of law, in developing
solid waste plans, it is the intention of this chapter that in
determining the size of a waste-to-energy facility, adequate
provisions shall be given to the present and reasonably anticipated
future needs, including those needs created by thorough
implementation of section 6962(h) of this title, of the recycling
and resource recovery interests within the area encompassed by the
solid waste plan.
(c) Integration with the Surface Mining Control and Reclamation Act
of 1977
(1) No later than 90 days after October 21, 1980, the
Administrator shall review any regulations applicable to the
treatment, storage, or disposal of any coal mining wastes or
overburden promulgated by the Secretary of the Interior under the
Surface Mining and Reclamation Act of 1977 [30 U.S.C. 1201 et
seq.]. If the Administrator determines that any requirement of
final regulations promulgated under any section of subchapter III
of this chapter relating to mining wastes or overburden is not
adequately addressed in such regulations promulgated by the
Secretary, the Administrator shall promptly transmit such
determination, together with suggested revisions and supporting
documentation, to the Secretary.
(2) The Secretary of the Interior shall have exclusive
responsibility for carrying out any requirement of subchapter III
of this chapter with respect to coal mining wastes or overburden
for which a surface coal mining and reclamation permit is issued or
approved under the Surface Mining Control and Reclamation Act of
1977 [30 U.S.C. 1201 et seq.]. The Secretary shall, with the
concurrence of the Administrator, promulgate such regulations as
may be necessary to carry out the purposes of this subsection and
shall integrate such regulations with regulations promulgated under
the Surface Mining Control and Reclamation Act of 1977.