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Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6905. Application of chapter and integration with other Acts

Statutory text

(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 , 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 , 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 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–272 title II § 1006 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6905

    Pub. L. 89–272, title II, § 1006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2802

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 1006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2802

  2. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 3 · 94 Stat. 2334

    Added · 42 U.S.C. § 6905(c)

    Pub. L. 96–482 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–482 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 3. Section 1006 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: “(c) Integration With the Surface Mining Control and Reclamation Act of 1977.— (1) No later than 90 days after the date of enactment of the Solid Waste Disposal Act Amendments of 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 30 USC 1201 note. Mining and Reclamation Act of 1977. If the Administrator determines that any requirement of final regulations promulgated under 42 USC 6921. any section of subtitle C 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 subtitle C of this 42 USC 6921. Act with respect to coal mining wastes or overburden for which a surface coal mining and reclamation permit is issued or approved 30 USC 1201 note. Regulations. under the Surface Mining Control and Reclamation Act of 1977. 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.”.

  3. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 102 · 98 Stat. 3221

    1. Amended · 42 U.S.C. § 6905(b)(1); 42 U.S.C. § 6905(b)(2)

      Pub. L. 98–616, § 102, designated existing provisions as par. (1)

    2. Added · 42 U.S.C. § 6905(b)(1); 42 U.S.C. § 6905(b)(2)

      Pub. L. 98–616, § 102, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 98–616, § 102, designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Sec. 102. dioxins from resource recovery facilities Section 1006(b) of the Solid Waste Disposal Act is amended 42 USC 6905. by inserting “(1)” after “Integration With Other Acts.—” and by adding the following new paragraph at the end thereof: “(2) (A) As promptly as practicable after the date of the enactment Report. of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a report describing— “(i) the current data and information available on emissions of polychlorinated dibenzop-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 USC 7401 note. regarding emissions of polychlorinated dibenzop-dioxins.”.

  4. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 501(f)(2) · 98 Stat. 3221

    Added · 42 U.S.C. § 6905(b)(3)

    Pub. L. 98–616, § 501(f)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 98–616, § 501(f)(2), added par. (3).

    Enacted provision · exact public law section
    (2) Section 1006(b) of the Solid Waste Disposal Act is amended by adding the following new paragraph after paragraph (2) thereof (as added by section 102 of this Act): “(3) Notwithstanding any other provisions of law, in developing solid waste plans, it is the intention of this Act 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 6002(h), of the recycling and resource recovery interests within the area encompassed by the solid waste plan.”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsecs. (a) and (b), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, , 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

The Marine Protection, Research and Sanctuaries Act of 1972, referred to in subsecs. (a) and (b), is Pub. L. 92–532, , 86 Stat. 1052, which enacted chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsecs. (a) and (b), is title XIV of act , as added , Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

The Clean Air Act, referred to in subsec. (b)(1), (2)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (b), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, , 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables.

The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (c), is Pub. L. 95–87, , 91 Stat. 445, which is classified generally to chapter 25 (§ 1201 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 3257 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.

Amendments1980–1984 · 2 rounds

1984

Subsec. (b)(1), (2). Pub. L. 98–616, § 102, designated existing provisions as par. (1) and added par. (2).

Subsec. (b)(3). Pub. L. 98–616, § 501(f)(2), added par. (3).

1980

Subsec. (c). Pub. L. 96–482 added subsec. (c).

Statutory Notes and Related Subsidiaries

Uranium Mill Tailings

Pub. L. 98–616, title VII, § 703, , 98 Stat. 3289, provided that: “Nothing in the Hazardous and Solid Waste Amendments of 1984 [see Short Title of 1984 Amendment note set out under section 6901 of this title] shall be construed to affect, modify, or amend the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7901 et seq.]”.

Executive Documents

Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Credits

1976–1984 · 3 acts
  1. 1976Pub. L. 89–272, title II, § 1006, as added Pub. L. 94–580, § 2, , 90 Stat. 2802
  2. 1980amended Pub. L. 96–482, § 3, , 94 Stat. 2334
  3. 1984Pub. L. 98–616, title I, § 102, title V, § 501(f)(2), , 98 Stat. 3225, 3276.
Show as published

(Pub. L. 89–272, title II, § 1006, as added Pub. L. 94–580, § 2, , 90 Stat. 2802; amended Pub. L. 96–482, § 3, , 94 Stat. 2334; Pub. L. 98–616, title I, § 102, title V, § 501(f)(2), , 98 Stat. 3225, 3276.)

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