--- kind: "section" citation: "42 U.S.C. § 6946" title: "42" title_heading: "The Public Health and Welfare" number: "6946" heading: "Procedure for development and implementation of State plan" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/6946" units: - "Chapter 82 — Solid Waste Disposal" - "Subchapter IV — State or Regional Solid Waste Plans" --- # §6946. Procedure for development and implementation of State plan - (a) **Identification of regions—** Within one hundred and eighty days after publication of guidelines under [section 6942(a) of this title](/usc/42/6942.md?p=a) (relating to identification of regions), the Governor of each [State](/usc/42/6903.md?p=31), after consultation with local elected officials, shall promulgate regulations based on such guidelines identifying the boundaries of each area within the [State](/usc/42/6903.md?p=31) which, as a result of urban concentrations, geographic conditions, markets, and other factors, is appropriate for carrying out regional [solid waste management](/usc/42/6903.md?p=28). Such regulations may be modified from time to time (identifying additional or different regions) pursuant to such guidelines. - (b) **Identification of State and local agencies and responsibilities—** - (1) Within one hundred and eighty days after the Governor promulgates regulations under [subsection (a)](#a), for purposes of facilitating the development and [implementation](/usc/42/6903.md?p=8) of a [State](/usc/42/6903.md?p=31) plan which will meet the minimum requirements of [section 6943 of this title](/usc/42/6943.md), the [State](/usc/42/6903.md?p=31), together with appropriate elected officials of general purpose units of local government, shall jointly (A) identify an [agency](/usc/42/8262.md?p=1) to develop the [State](/usc/42/6903.md?p=31) plan and identify one or more [agencies](/usc/42/8262.md?p=1) to implement such plan, and (B) identify which [solid waste management](/usc/42/6903.md?p=28) activities will, under such [State](/usc/42/6903.md?p=31) plan, be planned for and carried out by the [State](/usc/42/6903.md?p=31) and which such management activities will, under such [State](/usc/42/6903.md?p=31) plan, be planned for and carried out by a regional or local authority or a combination of regional or local and [State authorities](/usc/42/6903.md?p=32). If a multi-functional regional [agency](/usc/42/8262.md?p=1) authorized by [State](/usc/42/6903.md?p=31) law to conduct [solid waste planning](/usc/42/6903.md?p=30) and management (the members of which are appointed by the Governor) is in existence on October 21, 1976, the Governor shall identify such authority for purposes of carrying out within such region clause (A) of this paragraph. Where feasible, designation of the [agency](/usc/42/8262.md?p=1) for the affected area designated under [section 1288 of title 33](/usc/33/1288.md) shall be considered. A [State agency](/usc/42/300s–3.md?p=12) identified under this paragraph shall be established or designated by the Governor of such [State](/usc/42/6903.md?p=31). Local or regional [agencies](/usc/42/8262.md?p=1) identified under this paragraph shall be composed of individuals at least a majority of whom are elected local officials. - (2) If planning and [implementation](/usc/42/6903.md?p=8) [agencies](/usc/42/8262.md?p=1) are not identified and designated or established as required under [paragraph (1)](#b-1) for any affected area, the governor shall, before the date two hundred and seventy days after promulgation of regulations under [subsection (a)](#a), establish or designate a [State agency](/usc/42/300s–3.md?p=12) to develop and implement the [State](/usc/42/6903.md?p=31) plan for such area. - (c) **Interstate regions—** - (1) In the case of any region which, pursuant to the guidelines published by the [Administrator](/usc/42/6903.md?p=1) under [section 6942(a) of this title](/usc/42/6942.md?p=a) (relating to identification of regions), would be located in two or more [States](/usc/42/6903.md?p=31), the Governors of the respective [States](/usc/42/6903.md?p=31), after consultation with local elected officials, shall consult, cooperate, and enter into agreements identifying the boundaries of such region pursuant to [subsection (a)](#a). - (2) Within one hundred and eighty days after an interstate region is identified by agreement under [paragraph (1)](#c-1), appropriate elected officials of general purpose units of local government within such region shall jointly establish or designate an [agency](/usc/42/8262.md?p=1) to develop a plan for such region. If no such [agency](/usc/42/8262.md?p=1) is established or designated within such period by such officials, the Governors of the respective [States](/usc/42/6903.md?p=31) may, by agreement, establish or designate for such purpose a single representative organization including elected officials of general purpose units of local government within such region. - (3) [Implementation](/usc/42/6903.md?p=8) of interstate regional [solid waste management](/usc/42/6903.md?p=28) plans shall be conducted by units of local government for any portion of a region within their jurisdiction, or by multijurisdictional [agencies](/usc/42/8262.md?p=1) or authorities designated in accordance with [State](/usc/42/6903.md?p=31) law, including those designated by agreement by such units of local government for such purpose. If no such unit, [agency](/usc/42/8262.md?p=1), or authority is so designated, the respective Governors shall designate or establish a single [interstate agency](/usc/42/6903.md?p=10) 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](/usc/42/6903.md?p=31) shall be deemed part of the [State](/usc/42/6903.md?p=31) plan for such [State](/usc/42/6903.md?p=31). ## Source credit (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.) ## Notes ### Editorial Notes ### Codification Another section 19(b) of Pub. L. 96–482 amended section 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 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.