---
kind: "section"
citation: "42 U.S.C. § 6943"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6943"
heading: "Requirements for approval of plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6943"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter IV — State or Regional Solid Waste Plans"
---

# §6943. Requirements for approval of plans

- (a) **Minimum requirements—** In order to be approved under [section 6947 of this title](/usc/42/6947.md), each [State](/usc/42/6903.md?p=31) plan must comply with the following minimum requirements—
  - (1) The plan shall identify (in accordance with [section 6946(b) of this title](/usc/42/6946.md?p=b)) (A) the responsibilities of [State](/usc/42/6903.md?p=31), local, and [regional authorities](/usc/42/6903.md?p=25) in the [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan, (B) the distribution of Federal funds to the authorities responsible for development and [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan, and (C) the means for coordinating regional planning and [implementation](/usc/42/6903.md?p=8) under the [State](/usc/42/6903.md?p=31) plan.
  - (2) The plan shall, in accordance with sections [6944(b)](/usc/42/6944.md?p=b) and [6945(a)](/usc/42/6945.md?p=a) of this title, prohibit the establishment of new [open dumps](/usc/42/6903.md?p=14) within the [State](/usc/42/6903.md?p=31), and contain requirements that all [solid waste](/usc/42/6903.md?p=27) (including [solid waste](/usc/42/6903.md?p=27) originating in other [States](/usc/42/6903.md?p=31), but not including [hazardous waste](/usc/42/6903.md?p=5)) shall be (A) utilized for [resource recovery](/usc/42/6903.md?p=22) or (B) disposed of in [sanitary landfills](/usc/42/6903.md?p=26) (within the meaning of [section 6944(a) of this title](/usc/42/6944.md?p=a)) or otherwise disposed of in an environmentally sound manner.
  - (3) The plan shall provide for the closing or upgrading of all existing [open dumps](/usc/42/6903.md?p=14) within the [State](/usc/42/6903.md?p=31) pursuant to the requirements of [section 6945 of this title](/usc/42/6945.md).
  - (4) The plan shall provide for the establishment of such [State](/usc/42/6903.md?p=31) regulatory powers as may be necessary to implement the plan.
  - (5) The plan shall provide that no [State](/usc/42/6903.md?p=31) or local government within the [State](/usc/42/6903.md?p=31) shall be prohibited under [State](/usc/42/6903.md?p=31) or local law from negotiating and entering into [long-term contracts](/usc/42/6903.md?p=11) for the supply of [solid waste](/usc/42/6903.md?p=27) to [resource recovery facilities](/usc/42/6903.md?p=24), from entering into [long-term contracts](/usc/42/6903.md?p=11) for the operation of such facilities, or from securing long-term markets for material and energy recovered from such facilities or for conserving materials or energy by reducing the volume of waste.
  - (6) The plan shall provide for such [resource conservation](/usc/42/6903.md?p=21) or recovery and for the [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) in [sanitary landfills](/usc/42/6903.md?p=26) or any combination of [practices](/usc/42/17061.md?p=19) so as may be necessary to use or dispose of such waste in a manner that is environmentally sound.
- (b) **Discretionary plan provisions relating to re­cycled oil—** Any [State](/usc/42/6903.md?p=31) plan submitted under this subchapter may include, at the option of the [State](/usc/42/6903.md?p=31), provisions to carry out each of the following:
  - (1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of [recycled oil](/usc/42/6903.md?p=37) in all appropriate areas of [State](/usc/42/6903.md?p=31) and local government.
  - (2) Encouragement of [persons](/usc/42/6903.md?p=15) contracting with the [State](/usc/42/6903.md?p=31) to use [recycled oil](/usc/42/6903.md?p=37) to the maximum extent feasible, consistent with protection of the public health and the environment.
  - (3) Informing the public of the uses of re­cycled oil.
  - (4) Establishment and [implementation](/usc/42/6903.md?p=8) of a program (including any necessary licensing of [persons](/usc/42/6903.md?p=15) and including the use, where appropriate, of [manifests](/usc/42/6903.md?p=12)) to assure that [used oil](/usc/42/6903.md?p=36) is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a hazard to the public health or the environment.

  Any plan submitted under this chapter before October 15, 1980, may be amended, at the option of the [State](/usc/42/6903.md?p=31), at any time after such date to include any provision referred to in this subsection.

- (c) **Energy and materials conservation and recovery feasibility planning and assistance—**
  - (1) A [State](/usc/42/6903.md?p=31) which has a plan approved under this subchapter or which has submitted a plan for such approval shall be eligible for assistance under [section 6948(a)(3) of this title](/usc/42/6948.md?p=a-3) if the [Administrator](/usc/42/6903.md?p=1) determines that under such plan the [State](/usc/42/6903.md?p=31) will—
    - (A) analyze and determine the economic and technical feasibility of facilities and programs to conserve resources which contribute to the waste stream or to recover energy and materials from municipal waste;
    - (B) analyze the legal, institutional, and economic impediments to the development of systems and facilities for conservation of energy or materials which contribute to the waste stream or for the recovery of energy and materials from municipal waste and make recommendations to appropriate governmental authorities for overcoming such impediments;
    - (C) assist [municipalities](/usc/42/6903.md?p=13) within the [State](/usc/42/6903.md?p=31) in developing plans, programs, and [projects](/usc/42/13641.md?p=2) to conserve resources or recover energy and materials from municipal waste; and
    - (D) coordinate the [resource conservation](/usc/42/6903.md?p=21) and recovery planning under [subparagraph (C)](#c-1-C).
  - (2) The analysis referred to in [paragraph (1)(A)](#c-1-A) shall include—
    - (A) the evaluation of, and establishment of priorities among, market opportunities for industrial and commercial users of all types (including public utilities and industrial parks) to utilize energy and materials recovered from municipal waste;
    - (B) comparisons of the relative costs of energy recovered from municipal waste in relation to the costs of energy derived from fossil fuels and other sources;
    - (C) studies of the transportation and [storage](/usc/42/6903.md?p=33) problems and other problems associated with the development of energy and materials recovery technology, including curbside source separation;
    - (D) the evaluation and establishment of priorities among ways of conserving energy or materials which contribute to the waste stream;
    - (E) comparison of the relative total costs between conserving resources and disposing of or recovering such waste; and
    - (F) studies of impediments to [resource conservation](/usc/42/6903.md?p=21) or recovery, including business [practices](/usc/42/17061.md?p=19), transportation requirements, or [storage](/usc/42/6903.md?p=33) difficulties.

    Such studies and analyses shall also include studies of other sources of [solid waste](/usc/42/6903.md?p=27) from which energy and materials may be recovered or minimized.

- (d) **Size of waste-to-energy facilities—** Notwithstanding any of the above requirements, it is the intention of this chapter and the planning process developed pursuant to this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and [resource recovery](/usc/42/6903.md?p=22) interest within the area encompassed by the planning process.

## Source credit

(Pub. L. 89–272, title II, § 4003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2814; amended Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056; Pub. L. 96–482, §§ 18, 32(d), Oct. 21, 1980, 94 Stat. 2345, 2353; Pub. L. 98–616, title III, § 301(b), title V, § 502(h), Nov. 8, 1984, 98 Stat. 3267, 3277.)

## Notes

### Editorial Notes

### Codification

Another section 5(b) of Pub. L. 96–463 amended section 6948 of this title.

### Amendments

1984—Subsecs. (b), (c). Pub. L. 98–616, § 502(h), redesignated the subsec. (b) entitled energy and materials conservation and recovery feasibility planning and assistance, as subsec. (c).

Subsec. (d). Pub. L. 98–616, § 301(b), added subsec. (d).

1980—Subsec. (a). Pub. L. 96–463, § 5(b), and Pub. L. 96–482, § 32(d)(2), designated existing provisions as subsec. (a).

Subsec. (a)(2). Pub. L. 96–482, § 18(a), substituted reference to sections 6944(b) and 6945(a) of this title for reference to section 6945(c) of this title.

Subsec. (a)(5). Pub. L. 96–482, §§ 18(b), 32(d)(1), substituted “State or local government” for “local government” and required State plan recognition of right to enter into long-term contracts for operation of resource recovery facilities and to secure long-term markets for material and energy recovered from such facilities, and required State plan recognition of right to negotiate long-term contracts and to negotiate and enter into such contracts for conserving materials or energy by reducing the volume of waste.

Subsec. (b). Pub. L. 96–463, § 5(b), added subsec. (b) relating to discretionary plan provisions for recycled oil.

Pub. L. 96–482, § 32(d)(2), added subsec. (b) relating to energy and materials conservation and recovery feasibility planning and assistance.