U.S. Code » Title 42 » Chapter CHAPTER 82— SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER IV— STATE OR REGIONAL SOLID WASTE PLANS

42 U.S.C. § 6947

Approval of State plan; Federal assistance

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(a) Plan approvalThe 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) 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. 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.)Editorial NotesAmendments

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.

Executive DocumentsTransfer 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.

Notes of Decisions
Cited in 12 cases, 1983–2018 · leading case: Cox v. City of Dallas
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Cox v. City of Dallas (2001) ca5 “See 42 U.S.C. § 6947 (b). A state is required to submit a solid waste management plan, which must be approved by the EPA.”
Natural Resources Defense Council, Inc. v. United States Food & Drug Administration (2014) ca2 · cites it 2× “42 U.S.C. § 6947 (a)(2). Despite their literal text, none of these statutes (as far as I know) have been interpreted to require or permit an agency to take action based solely on its prehear-ing finding.”
Ringbolt Farms Homeowners Ass'n v. Town of Hull (1989) mad · cites it 4× “42 U.S.C. § 6947 (a)-(b). However, by the same token, RCRA does not require a state to propose or adopt a solid waste management plan.”
City of Gallatin v. Cherokee County (1983) txed · cites it 4× “, through either the power of the purse, 42 U.S.C. § 6947 (b)(3), or through its legal enforcement powers under § 6973 (“imminent hazard”), or, perhaps, by means of “citizen suits” brought under § 6972(a)(1).”
Grassroots Recycling Network, Inc. v. United States Environmental Protection Agency (2005) cadc “See 42 U.S.C. § 6947 (a). Thereafter, the owner of the landfill must apply for a permit, and the Wisconsin Department of Natural Resources must, after “hold[ing] a public hearing to solicit public reaction and recommendations,” grant “the proposed permit application.”
United States v. Conservation Chemical Co. of Illinois (1987) innd “§ 6925 (c), provides that a state environmental agency, as authorized by the Administrator pursuant to 42 U.S.C. § 6947 (a), is responsible for the issuance of hazardous waste management permits.”
Kinzua Res., LLC v. Or. Dep't of Envtl. Quality (2018) orctapp “See 42 USC § 6947 (authorizing state programs); ORS 459.”
United States v. Environmental Waste Control, Inc. (1988) innd “Role of State Environmental Agencies A state environmental agency, as authorized by the Administrator pursuant to 42 U.S.C. § 6947 (a), is responsible for the issuance of hazardous waste management permits.”
Northside Sanitary Landfill, Inc. v. Thomas (1986) ca7 “§ 6925 (c), provides that a state environmental agency, as authorized by the Administrator pursuant to 42 U.S.C. § 6947 (a), is responsible for the issuance of hazardous waste management permits.”
Southeast Arkansas Landfill, Inc. v. Arkansas Ex Rel. Arkansas Department of Pollution Control & Ecology (In Re Southeas (1992) ared “§ 6946 , and provided for federal approval of such state plans, 42 U.S.C. § 6947 . Congress apparently concluded that the RCRA as enacted did not go far enough.”
FRONTIER RECOVERY, LLC v. Lane County (2010) ord “Under RCRA, states are directed to develop and implement solid waste plans.”
NRDC v. US FDA (2014) ca2 · cites it 2× “42 U.S.C. § 6947 (a)(2). Despite their literal text, none of these statutes (as far as I know) have been interpreted to require or permit an agency to take action based solely on its pre‐ hearing finding.”
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