42 U.S.C. § 6947 — Approval of State plan; Federal assistance

Page 6986 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6947 eral purpose units of local government, shall jointly (A) identify an agency to develop the State plan and identify one or more agencies to implement such plan, and (B) identify which solid waste management activities will, under such State plan, be planned for and carried out by the State and which such management ac- tivities will, under such State plan, be planned for and carried out by a regional or local author- ity or a combination of regional or local and State authorities. If a multi-functional regional agency authorized by State law to conduct solid waste planning and management (the members of which are appointed by the Governor) is in ex- istence on October 21, 1976, the Governor shall identify such authority for purposes of carrying out within such region clause (A) of this para- graph. Where feasible, designation of the agency for the affected area designated under section 1288 of title 33 shall be considered. A State agen- cy identified under this paragraph shall be es- tablished or designated by the Governor of such State. Local or regional agencies identified under this paragraph shall be composed of indi- viduals at least a majority of whom are elected local officials. (2) If planning and implementation agencies are not identified and designated or established as required under paragraph (1) for any affected area, the governor shall, before the date two hundred and seventy days after promulgation of regulations under subsection (a), establish or designate a State agency to develop and imple- ment the State plan for such area. (c) Interstate regions (1) In the case of any region which, pursuant to the guidelines published by the Adminis- trator under section 6942(a) of this title (relating to identification of regions), would be located in two or more States, the Governors of the respec- tive States, after consultation with local elected officials, shall consult, cooperate, and enter into agreements identifying the boundaries of such region pursuant to subsection (a). (2) Within one hundred and eighty days after an interstate region is identified by agreement under paragraph (1), appropriate elected officials of general purpose units of local government within such region shall jointly establish or des- ignate an agency to develop a plan for such re- gion. If no such agency is established or des- ignated within such period by such officials, the Governors of the respective States may, by agreement, establish or designate for such pur- pose a single representative organization includ- ing elected officials of general purpose units of local government within such region. (3) Implementation of interstate regional solid waste management plans shall be conducted by units of local government for any portion of a region within their jurisdiction, or by multi- jurisdictional agencies or authorities designated in accordance with State law, including those designated by agreement by such units of local government for such purpose. If no such unit, agency, or authority is so designated, the re- spective Governors shall designate or establish a single interstate agency to implement such plan. (4) For purposes of this subchapter, so much of an interstate regional plan as is carried out within a particular State shall be deemed part of the State plan for such State. (Pub. L. 89–272, title II, § 4006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2816; amended Pub. L. 96–482, § 19(b), Oct. 21, 1980, 94 Stat. 2345.) Editorial Notes CODIFICATION Another section 19(b) of Pub. L. 96–482 amended sec- tion 6945 of this title. AMENDMENTS 1980—Subsec. (b)(1)(B). Pub. L. 96–482 substituted ‘‘management activities’’ for ‘‘functions’’ in two places. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6947. Approval of State plan; Federal assistance (a) Plan approval The Administrator shall, within six months after a State plan has been submitted for ap- proval, approve or disapprove the plan. The Ad- ministrator shall approve a plan if he deter- mines 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, when- ever the Administrator, by regulation, deter- mines— (A) that revised regulations respecting minimum requirements have been promul- gated 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 sub- chapter; or (C) that such revision is otherwise nec- essary. The Administrator shall review approved plans from time to time and if he determines that re- vision or corrections are necessary to bring such plan into compliance with the minimum re- quirements promulgated under section 6943 of this title (including new or revised require- ments), 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 as- sistance (1) The Administrator shall approve a State application for financial assistance under this subchapter, and make grants to such State, if Page 6987 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6948 1 See References in Text note below. 2 So in original. Probably should be ‘‘through’’. 3 So in original. Probably should be followed by a comma. such State and local and regional authorities within such State have complied with the re- quirements of section 6946 of this title within the period required under such section and if such State has a State plan which has been ap- proved by the Administrator under this sub- chapter. (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 ap- proval) until such time as such approval is rein- stated. (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 authori- ties 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 Notes 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6948. Federal assistance (a) Authorization of Federal financial assistance (1) There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fis- cal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of fi- nancial assistance to States and local, regional, and interstate authorities for the development and implementation of plans approved by the Administrator under this subchapter (other than the provisions of such plans referred to in sec- tion 6943(b) 1 of this title, relating to feasibility planning for municipal waste energy and mate- rials conservation and recovery). (2)(A) The Administrator is authorized to pro- vide financial assistance to States, counties, municipalities, and intermunicipal agencies and State and local public solid waste management authorities for implementation of programs to provide solid waste management, resource re- covery, and resource conservation services and hazardous waste management. Such assistance shall include assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of re- covered resources; technology assessments; legal expenses; construction feasibility studies; source separation projects; and fiscal or eco- nomic investigations or studies; but such assist- ance shall not include any other element of con- struction, or any acquisition of land or interest in land, or any subsidy for the price of recovered resources. Agencies assisted under this sub- section shall consider existing solid waste man- agement and hazardous waste management serv- ices and facilities as well as facilities proposed for construction. (B) An applicant for financial assistance under this paragraph must agree to comply with re- spect to the project or program assisted with the applicable requirements of section 6945 of this title and subchapter III of this chapter and apply applicable solid waste management prac- tices, methods, and levels of control consistent with any guidelines published pursuant to sec- tion 6907 of this title. Assistance under this paragraph shall be available only for programs certified by the State to be consistent with any applicable State or areawide solid waste man- agement plan or program. Applicants for tech- nical and financial assistance under this section shall not preclude or foreclose consideration of programs for the recovery of recyclable mate- rials through source separation or other re- source recovery techniques. (C) There are authorized to be appropriated $15,000,000 for each of the fiscal years 1978 and 1979 for purposes of this section. There are au- thorized to be appropriated $10,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for pur- poses of this paragraph. (D) There are authorized— (i) to be made available $15,000,000 out of funds appropriated for fiscal year 1985, and (ii) to be appropriated for each of the fiscal years 1986 though 2 1988, $20,000,000 3 for grants to States (and where appropriate to regional, local, and interstate agencies) to im- plement programs requiring compliance by solid waste management facilities with the criteria promulgated under section 6944(a) of this title and section 6907(a)(3) of this title and with the provisions of section 6945 of this title. To the ex- tent practicable, such programs shall require such compliance not later than thirty-six months after November 8, 1984. (3)(A) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and