Skip to content

Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6947. Approval of State plan; Federal assistance

Statutory 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 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–272 title II § 4007 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6947

    Pub. L. 89–272, title II, § 4007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2817

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 4007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2817

  2. Pub. L. 95–609 § 7 · 92 Stat. 3079

    Substituted · 42 U.S.C. § 6947(c)

    Pub. L. 95–609 substituted “(c)” for “(C)” in subsection designation

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–609 substituted “(c)” for “(C)” in subsection designation.

    Enacted provision · exact public law section
    Sec. 7. (a) Section 1002(a) (4) of the Solid Waste Disposal Act is 42 USC 6901. amended by deleting the hyphen between the words “solid” and “waste” in the last line. (b) Section 1004 of the Solid Waste Disposal Act is amended by— 42 USC 6903. (1) revising paragraph (8) by striking out everything after “improvement of land”; (2) revising paragraph (10) by striking out “disposal” and inserting in lieu thereof “management”; (3) by revising paragraph (29) to read as follows: “(29) The term ‘solid waste management facility’ includes— “Solid waste management facility.” “(A) any resource recovery system or component thereof, “(B) any system, program, or facility for resource conservation, and “(C) any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise.”. (c) Section 1008(a) (3) of the Solid Waste Disposal Act is amended 42 USC 6907. by striking out “title IV” and inserting in lieu thereof “subtitle D”. (d) Section 1008(b) of the Solid Waste Disposal Act is amended by striking “, pursuant to this section” and by inserting after “suggested guidelines” each time it appears the phrase “or proposed regulations under this Act”. (e) Section 2003 of the Solid Waste Disposal Act is amended by 42 USC 6913. inserting “Federal agencies,” after “to provide”. (f) 42 USC 6922. Section 3002 of the Solid Waste Disposal Act is amended by— (1) revising paragraph (5) by striking out the semicolon after “subtitle” and substituting a comma, and by striking out “and” and inserting in lieu thereof “or pursuant to title I of the Marine 33 USC 1411. Protection, Research, and Sanctuaries Act (86 Stat. 1052); and”; and (2) revising paragraph (6) by adding a close parenthesis after “subtitle” the first time it appears. (g) 42 USC 6923. Section 3003 of the Solid Waste Disposal Act is amended by— (1) revising subsection (a) (4) by striking out the period after “subtitle” and substituting a comma, and by adding at the end thereof “or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).”; and (2) revising subsection (b) by striking out “subtitle” after “the regulations promulgated by the Administrator under this” and inserting in lieu thereof “section”. (h) 42 USC 6925. Section 3005(a) of the Solid Waste Disposal Act is amended by inserting “treatment, storage, or” after “and upon and after such date the”. (i) 42 USC 6926. Section 3006(c) of the Solid Waste Disposal Act is amended by— (1) striking out “required for” wherever it appears in the subsection and inserting in lieu thereof “of”; and (2) inserting the word “may” immediately after “3005,” and before “submit”. (j) Section 3007(a) (1) of the Solid Waste Disposal Act is amended by striking out “or disposed of” and inserting in lieu thereof “disposed of, or transported from”. (k) 42 USC 6928. Section 3008 of the Solid Waste Disposal Act is amended by— (1) revising subsection (d) (1) to read as follows: “(1) transports any hazardous waste identified or listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in the case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act 186 Stat. 1052),”; and (2) revising subsect ion (d) (2) to read as follows: “(2) treats, stores, or disposes of any hazardous waste identified or listed under this subtitle without having obtained a permit under section 3005 (or 3006 in the. case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).” (l) 42 USC 6947. Section 4007(C) of the Solid Waste Disposal Act is amended by redesignating subsection “(C)” as “(c)”. (m) 42 USC 6961. Section 6001 of the Solid Waste Disposal Act is amended by inserting “or management” between “disposal” and “of solid waste”. (n) 42 USC 6962. Section 6002 of the Solid Waste Disposal Act is amended by— (1) deleting “(A)” after “(1)” in subsection (c) and changing “(B)” and “(C)” to “(2)” and “(3)”. respectively; and changing “(i)”, “(»)”, and “(iii)” to “(A)”, “(B)”, and “(C)”, respectively; (2) in subsection (c) (3) as redesignated, striking “Contracting” and inserting in lieu thereof “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting”; and (3) inserting in the second sentence of subsection (e) after “containing such materials” the phrase “and with respect to certification by vendors of the percentage of recovered materials used,”. (o) Section 6004 of the Solid Waste Disposal Act is amended 42 USC 6964. by— (1) revising subsection (a)(1)(A) by striking out “disposal” and inserting in lieu thereof “management”; (2) revising subsection (a)(1)(B) by striking out “disposal” and. inserting in lieu thereof “management”; and (3) revising subsection (b) by striking out “Secretary” and inserting in lieu thereof “Administrator”. (p) Section 7002 of the Solid Waste Disposal Act is amended 42 USC 6972. by— (1) revising subsection (c) by striking out “section 212” and inserting in lieu thereof “subtitle C”; and (2) revising subsection (e) by striking out “requiring” and inserting in lieu thereof “require”. (q) Section 7003 of the Solid Waste Disposal Act is amended 42 USC 6973. by striking out “for” before “contributing to the alleged disposal”. (r) Section 7007 of the Solid Waste Disposal Act is amended 42 USC 6977. by— (1) revising subsection (b) (1) (A) by striking out “disposal” and inserting “management”; and by striking out “resources” and inserting “resource”; (2) revising subsection (b)(1)(B) by striking out “disposal” and inserting “management”; and (3) revising subsection (c) (3) by striking out “disposal” and inserting “management” in lieu thereof. (s) Section 8001(a) of the Solid Waste Disposal Act is amended 42 USC 6981. by— (1) revising paragraph (2) by striking out “disposal” and inserting “management” in lieu thereof; and (2) revising paragraph (13) by inserting “treatment,” after “for purpose of”. (t) Section 8002 of the Solid Waste Disposal Act is amended 42 USC 6982. by— (1) revising paragraph (1) of subsection (g) by inserting a comma between “shale” and “liquefaction”; (2) revising paragraph (1) of subsection (j) by inserting “the Secretary of Energy, the Chairman of the Council of Economic Advisors,” before “and a representative of the Office of Management and Budget,”; (3) revising paragraph (2) of subsection (j) by striking “(2) (D) ” and inserting “ (1) (D) ” in lieu thereof; (4) revising paragraph (3) of subsection (j) by striking “(2) (D) ” and inserting “ (1) ” in lieu thereof; and (5) revising subsection (1) by striking out “required under subsection (a), (h), (i) and (j)” and inserting in lieu thereof “required under subsections (a), (h), and (i)”. (u) Section 8003(a)(3) of the Solid Waste Disposal Act is 42 USC 6983. amended by striking out “discarded materials” and inserting “solid waste” in lieu thereof. (v) 42 USC 6984. Section 8004(a)(1) of the Solid Waste Disposal Act is amended by striking out “discarded material” and inserting “solid waste” in lieu thereof.

  3. Land Disposal Program Flexibility Act of 1996

    Pub. L. 104–119 § 4(8) · 110 Stat. 830

    Substituted · 42 U.S.C. § 6947(a)(1); 42 U.S.C. § 6947(2)(A)

    Pub. L. 104–119 substituted “section 6943(a) of this title” for “section 6943 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2)(A). Pub. L. 104–119 substituted “section 6943(a) of this title” for “section 6943 of this title”.

    Enacted provision · exact public law section
    (8) In section 4007(a), by striking “4003” in paragraphs (1) and (2)(A) and inserting “4003(a)”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1978–1996 · 2 rounds

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 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.

Credits

1976–1996 · 3 acts
  1. 1976Pub. L. 89–272, title II, § 4007, as added Pub. L. 94–580, § 2, , 90 Stat. 2817
  2. 1978amended Pub. L. 95–609, § 7(l), , 92 Stat. 3082
  3. 1996Pub. L. 104–119, § 4(8), , 110 Stat. 833.
Show as published

(Pub. L. 89–272, title II, § 4007, as added Pub. L. 94–580, § 2, , 90 Stat. 2817; amended Pub. L. 95–609, § 7(l), , 92 Stat. 3082; Pub. L. 104–119, § 4(8), , 110 Stat. 833.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s6947