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

Cite as:42 U.S.C. § 6905
Currency:Current through P.L. 116-21 (6/12/2019)
 
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(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.

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