State plan decision procedures

The Assistant Secretary must publish the decision within a reasonable time, generally within 120 days after the expiration of the period for submitting written data, views, and arguments when no hearing is held. See 1902.41(a).

• If no hearing is held, the 120-day clock normally begins when the comment period ends.
• The regulation uses the phrase "reasonable time, generally within 120 days," so agency practice aims for that timetable but accounts for extraordinary circumstances.

The Assistant Secretary must publish the decision within a reasonable time, generally not to exceed 120 days after the certification of the record of a hearing. See 1902.41(a).

• The regulatory text sets the certification date as the trigger for the post-hearing 120‑day period.
• "Generally not to exceed 120 days" signals the goal and the upper bound in ordinary cases.

The decision must state whether an affirmative 18(e) determination has been made for the State plan or any separable portion, or whether the Assistant Secretary intends to withdraw approval of the plan or any portion pursuant to part 1955. See 1902.41(a) and part 1955.

• That statement is a required element of the published decision.
• If a withdrawal is intended, the decision will reference the procedures in 1955.

The Assistant Secretary must consider all information, including evaluations of the actual operations of the State plan and information presented in written submissions and any hearings held under the subpart. See 1902.41(a).

• This means agency staff reviews how the plan is operating in practice, plus any written comments or hearing testimony.
• The decision must be based on the total record, not only a subset of comments or reports.

The decision must include a concise statement of its grounds and purpose and must respond to any substantial issues raised in written submissions or at the hearing. See 1902.41(b).

• The decision must explain why the Assistant Secretary reached the conclusion presented.
• The agency must address substantial objections or arguments rather than ignore them.

All decisions concerning the Assistant Secretary's determination under section 18(e) of the Act must be published in the FEDERAL REGISTER. See 1902.41(c).

• Publication in the Federal Register provides official public notice of the determination.
• This includes both affirmative determinations and notices of intended withdrawal under part 1955.

The regulation uses "reasonable time" to describe when a decision should be published but generally expects publication within 120 days after either the comment period expires (if no hearing) or after certification of the hearing record. See 1902.41(a).

• "Reasonable time" allows for some flexibility in exceptional cases, but the guidance in the text establishes 120 days as the normal target.
• For hearings, the text explicitly says "generally not to exceed 120 days," indicating the agency's intended upper bound in ordinary situations.

No, the Assistant Secretary is required to respond to any substantial issues raised in written submissions or at the hearing, not necessarily every minor comment. See 1902.41(b).

• "Substantial issues" means material points that could affect the decision; routine or technical clarifications might not require detailed responses.
• The decision must contain a concise statement addressing the grounds and purpose and must deal with issues that could influence that outcome.

The Assistant Secretary may state an intention to withdraw approval of the entire plan or any separable portion of the plan pursuant to part 1955, as required by 1902.41(a).

• The regulation explicitly allows withdrawal of a "plan or any separable portion thereof."
• If withdrawal is contemplated, the decision must follow the procedures and standards in 1955.

If a hearing is held, the review period generally begins on the date the record of the hearing is certified, and the Assistant Secretary should publish a decision generally not to exceed 120 days after that certification. See 1902.41(a).

• Certification of the record is the administrative milestone that starts the post-hearing timeline.
• The certified record provides the complete basis the Assistant Secretary will review for the decision.

The Assistant Secretary is responsible for issuing the decision on a State plan's 18(e) determination. See 1902.41(a).

• The regulation repeatedly refers to "the Assistant Secretary" taking the action to publish the decision.
• That official must base the decision on evaluations of the plan's operations and the written and hearing record.

The phrase means the Assistant Secretary will review how the State plan is functioning in practice as part of the decision-making record. See 1902.41(a).

• This can include inspections, compliance results, enforcement activities, and other operational evidence showing how the plan is implemented.
• Evaluations of actual operations are considered alongside written submissions and hearing information when reaching a determination.

A concise statement should summarize the legal and factual reasons for the Assistant Secretary's decision and explain the purpose behind that determination. See 1902.41(b).

• It should briefly explain why the record supports an affirmative 18(e) determination or why withdrawal is intended.
• The statement must also respond to substantial issues raised in the record so readers understand how those arguments were considered.

Yes, publication in the FEDERAL REGISTER serves as the official public notice of the Assistant Secretary's determination and informs affected States and the public of the outcome. See 1902.41(c).

• The Federal Register entry is the formal record of the decision and its rationale.
• Publication starts any timelines or consequences tied to the decision (for example, applicable regulatory or administrative processes described in part 1955).

If the Assistant Secretary intends to withdraw approval, the decision will state that intention and the withdrawal will proceed pursuant to part 1955, as required by 1902.41(a).

• The decision must explain the grounds and purpose for the intended withdrawal and respond to substantial issues raised in the record per 1902.41(b).
• The notice of intent will be published in the FEDERAL REGISTER under 1902.41(c).

No, the regulation does not require a hearing; the Assistant Secretary will issue a decision after considering all information, which may include written submissions and any hearings that are held. See 1902.41(a).

• If no hearing is held, the rule contemplates publication generally within 120 days after the comment period ends.
• Hearings are one possible part of the record, but not a mandatory prerequisite stated in the text.

Yes, the Assistant Secretary may make an affirmative 18(e) determination or intend withdrawal for the State plan "or any separable portion thereof," so different determinations for separable parts are permitted. See 1902.41(a).

• The regulation explicitly recognizes that parts of a plan may be separable for decision-making purposes.
• Separate treatment must still be explained in the decision and published in the FEDERAL REGISTER.

Written submissions are part of the record the Assistant Secretary must consider when making the determination; the decision must respond to substantial issues raised in those submissions. See 1902.41(a) and 1902.41(b).

• Written comments can raise substantive legal or factual points that the Assistant Secretary must address.
• The decision should reflect consideration of and responses to those material points.

No; all decisions concerning the Assistant Secretary's determination under section 18(e), whether affirmative determinations or notices of intended withdrawal, must be published in the FEDERAL REGISTER under 1902.41(c).

• The regulation makes no distinction in the publication requirement—the same Federal Register notice requirement applies to both outcomes.
• The decision must also include the concise statement of grounds and responses to substantial issues per 1902.41(b).