42 U.S.C. § 6947
Section 6947 · Approval of State plan; Federal assistance
Amended 3 times on record
Applied in 12 court decisions — leading case Northside Sanitary Landfill, Inc. v. Thomas (1986)
Most recently applied in 295 Or. App. 395 - Kinzua Res., LLC v. Or. Dep't of Envtl. Quality (December 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
(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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.