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LegalText 42 U.S.C. § 6947 Approval of State plan; Federal assistance us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 82 SOLID WASTE DISPOSAL 6947 42 U.S.C. § 6947 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s6947 data/legal/raw/us/code/title-42/usc42.xml 91c3879d6aae993463e8f92799deac338f6c82533e67a87a6606bd7ac4414476 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e a8f14914bbc2246417b50a411d76c958492120c2fb3a966889fee2ee6498f1ac 2026-07-04 official
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42 U.S.C. § 6947 - Approval of State plan; Federal assistance

Text

(a) Plan approval The Administrator shall, within six months after a State plan has been submitted for approval, approve or disapprove the plan. The Administrator shall approve a plan if he determines that—

(1) it meets the requirements of paragraphs (1), (2), (3), and (5) of section 6943(a) of this title; and

(2) it contains provision for revision of such plan, after notice and public hearing, whenever the Administrator, by regulation, determines—

(A) that revised regulations respecting minimum requirements have been promulgated under paragraphs (1), (2), (3), and (5) of section 6943(a) of this title with which the State plan is not in compliance;

(B) that information has become available which demonstrates the inadequacy of the plan to effectuate the purposes of this subchapter; or

(C) that such revision is otherwise necessary.

The Administrator shall review approved plans from time to time and if he determines that revision or corrections are necessary to bring such plan into compliance with the minimum requirements promulgated under section 6943 of this title (including new or revised requirements), he shall, after notice and opportunity for public hearing, withdraw his approval of such plan. Such withdrawal of approval shall cease to be effective upon the Administrators determination that such complies with such minimum requirements.

(b) Eligibility of States for Federal financial assistance (1) The Administrator shall approve a State application for financial assistance under this subchapter, and make grants to such State, if such State and local and regional authorities within such State have complied with the requirements of section 6946 of this title within the period required under such section and if such State has a State plan which has been approved by the Administrator under this subchapter.

(2) The Administrator shall approve a State application for financial assistance under this subchapter, and make grants to such State, for fiscal years 1978 and 1979 if the Administrator determines that the State plan continues to be eligible for approval under subsection (a) and is being implemented by the State.

(3) Upon withdrawal of approval of a State plan under subsection (a), the Administrator shall withhold Federal financial and technical assistance under this subchapter (other than such technical assistance as may be necessary to assist in obtaining the reinstatement of approval) until such time as such approval is reinstated.

(c) Existing activities Nothing in this subchapter shall be construed to prevent or affect any activities respecting solid waste planning or management which are carried out by State, regional, or local authorities unless such activities are inconsistent with a State plan approved by the Administrator under this subchapter.

(Pub. L. 89272, title II, § 4007, as added Pub. L. 94580, § 2, Oct. 21, 1976, 90 Stat. 2817; amended Pub. L. 95609, § 7(l), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 104119, § 4(8), Mar. 26, 1996, 110 Stat. 833.)

Notes

Editorial Notes

Amendments1996—Subsec. (a)(1), (2)(A). Pub. L. 104119 substituted “section 6943(a) of this title” for “section 6943 of this title”. 1978—Subsec. (c). Pub. L. 95609 substituted “(c)” for “(C)” in subsection designation.

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.