[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR256.04]

[Page 358]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 256--GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID 
WASTE MANAGEMENT PLANS--Table of Contents
 
          Subpart A--Purpose, General Requirements, Definitions
 
Sec. 256.04  State plan approval, financial assistance.

    (a) 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 these guidelines which address 
sections 4003(1), (2), (3), and (5), and
    (2) It contains provisions for revision pursuant to Sec. 256.03.
    (b) The Administrator shall review approved plans from time to time, 
and if he determines that revisions or corrections are necessary to 
bring such plan into compliance with all of the requirements of these 
guidelines, including the requirements which address sections 4003(4) 
and (6) and any new or revised requirement established by amendment to 
this part, he shall notify the State and provide an opportunity for such 
revisions and corrections and for an appeal and public hearing. If the 
plan continues to remain out of compliance, he shall withdraw his 
approval of such plan.
    (c) Such withdrawal of approval shall cease to be effective upon the 
Administrator's determination that the State plan complies with the 
requirements of these guidelines.
    (d) The Administrator shall approve a State application for 
financial assistance under subtitle D of the Act, and make grants to 
such State, if the Administrator determines that the State plan 
continues to be eligible for approval and is being implemented by the 
State.
    (e) Upon withdrawal of approval of a State plan, the Administrator 
shall withhold Federal financial and technical assistance under subtitle 
D (other than such technical assistance as may be necessary to assist in 
obtaining reinstatement of approval) until such time as approval is 
reinstated. (Procedures for termination of financial assistance and for 
settlement of disputes are contained in 40 CFR part 30, appendix A, 
articles 7 and 8.)
    (f) If a State submits to EPA the portion of the plan by which 
entities may, pursuant to Sec. 256.26, obtain timetables or schedules of 
compliance for complying with the open dumping prohibition, the 
Administrator shall approve such portion of the plan if he determines 
that:
    (1) The portion submitted satisfies the requirements of Sec. 256.26;
    (2) The State has the general legal authority to issue and enforce 
compliance schedules; and
    (3) The remainder of the plan is being developed in conformity with 
these guidelines and will be completed within a reasonable period of 
time.

In giving partial plan approval, the Administrator shall specify in 
writing the timetable for completion of the final plan as required in 
paragraph (f)(3) of this section.

[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]