
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6905]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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.

(Pub. L. 89-272, title II, Sec. 1006, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2802; amended Pub. L. 96-482, Sec. 3, Oct. 21, 
1980, 94 Stat. 2334; Pub. L. 98-616, title I, Sec. 102, title V, 
Sec. 501(f)(2), Nov. 8, 1984, 98 Stat. 3225, 3276.)

                       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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 
generally to chapter 26 (Sec. 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, as amended, referred to in subsec. 
(a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 921, and amended, which is classified generally 
to chapter 23 (Sec. 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, Oct. 23, 1972, 
86 Stat. 1052, as amended, which enacted chapters 32 (Sec. 1431 et seq.) 
and 32A (Sec. 1447 et seq.) of Title 16, Conservation, and chapters 27 
(Sec. 1401 et seq.) and 41 (Sec. 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 July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, 
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 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, as amended, which is classified 
generally to chapter 85 (Sec. 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, Oct. 21, 1972, 86 Stat. 973, which is classified 
generally to subchapter II (Sec. 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, Aug. 3, 1977, 91 Stat. 445, as 
amended, which is classified generally to chapter 25 (Sec. 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.


                               Amendments

    1984--Subsec. (b)(1), (2). Pub. L. 98-616, Sec. 102, designated 
existing provisions as par. (1) and added par. (2).
    Subsec. (b)(3). Pub. L. 98-616, Sec. 501(f)(2), added par. (3).
    1980--Subsec. (c). Pub. L. 96-482 added subsec. (c).

                          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, see note set out under section 6903 of this title.


                          Uranium Mill Tailings

    Section 703 of Pub. L. 98-616 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.]''.
