
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: 42USC6947]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6947. Approval of State plan; Federal assistance


(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 Administrator's 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) of this section and is being implemented by the State.
    (3) Upon withdrawal of approval of a State plan under subsection (a) 
of this section, 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. 89-272, title II, Sec. 4007, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2817; amended Pub. L. 95-609, Sec. 7(l), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 104-119, Sec. 4(8), Mar. 26, 1996, 110 
Stat. 833.)


                               Amendments

    1996--Subsec. (a)(1), (2)(A). Pub. L. 104-119 substituted ``section 
6943(a) of this title'' for ``section 6943 of this title''.
    1978--Subsec. (c). Pub. L. 95-609 substituted ``(c)'' for ``(C)'' in 
subsection designation.

                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6903, 6943, 6945, 6948 of 
this title.
