42 U.S.C. § 6947 — Approval of State plan; Federal assistance
submitted 50 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 432 words · no verdicts yet
The Administrator must decide within 6 months whether a State plan meets the statutory requirements. Approved States can receive financial assistance, while assistance generally stops if approval is withdrawn.
(a) Plan approval. Within 6 months after submission, the Administrator* must approve or disapprove a State* plan. Approval requires that it meet section 6943(a)(1), (2), (3), and (5), and provide for revision after notice and a public hearing whenever regulations require revised minimum requirements, new information shows the plan is inadequate, or revision is otherwise needed. The Administrator must periodically review approved plans and, after notice and a hearing opportunity, withdraw approval if corrections are needed to meet section 6943 requirements, including new or revised ones. Withdrawal ends when the Administrator determines the plan meets those requirements. (b) Federal assistance. (1) The Administrator must approve an application and grant assistance if the State and its local and regional authorities met section 6946 deadlines and the State has an approved plan. (2) For fiscal years 1978 and 1979, the Administrator must approve and grant if the plan remains eligible and is being implemented. (3) After withdrawal, the Administrator must withhold financial and technical assistance, except technical help needed to regain approval, until approval returns. (c) Existing activities. This subchapter does not prevent or affect State, regional, or local solid-waste planning or management activities unless they conflict with an approved State plan.
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—
it meets the requirements of paragraphs (1), (2), (3), and (5) of section 6943(a) of this title; and
it contains provision for revision of such plan, after notice and public hearing, whenever the Administrator, by regulation, determines—
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;
that information has become available which demonstrates the inadequacy of the plan to effectuate the purposes of this subchapter; or
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 Administrator’s determination that such complies with such minimum requirements.
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.
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.
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.
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.
Source credit: (Pub. L. 89–272, title II, § 4007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2817; amended Pub. L. 95–609, § 7(l), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 104–119, § 4(8), Mar. 26, 1996, 110 Stat. 833.)
- 1976Enacted · Pub. L. 89-272 · 90 Stat. 2817
- 1978Amended · Pub. L. 95-609 · 92 Stat. 3082
- 1996Amended · Pub. L. 104-119 · 110 Stat. 833
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1976-10-21.
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