[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR256.04]



[Page 362-363]

 

                   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



[[Page 363]]



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]