State plan decision procedures

The Assistant Secretary issues the decision on continuation or revocation of the affirmative 18(e) determination after considering all relevant information presented. This is stated directly in 1902.52(a).

• The decision can either continue the existing 18(e) determination or revoke it.
• The process begins only after the Assistant Secretary has considered all the relevant information submitted during the proceedings, as required by 1902.52(a).

The Assistant Secretary must consider all relevant information that has been presented before issuing a decision on continuation or revocation of an 18(e) determination. That requirement is in 1902.52(a).

• "All relevant information" means the decision must be based on the record and materials submitted during the process; the regulation does not fix specific types of evidence but requires full consideration of what is presented.
• This step is a prerequisite to issuing either a continuation or a revocation decision under 1902.52.

A decision revoking the 18(e) determination must state that concurrent Federal enforcement and standards authority will be reinstated within the State for a reasonable time. This requirement is set out in 1902.52(b).

• The reinstatement remains in effect until the Assistant Secretary either withdraws approval of the State plan (or a separable portion) under part 1955 or determines the State again meets the criteria for an 18(e) determination under the applicable procedures.
• The regulation ensures there is no enforcement gap by placing Federal authority back in effect for a reasonable period after revocation, as explained in 1902.52(b).

No, revoking an 18(e) determination does not itself immediately withdraw approval of the State plan; the decision must reflect that Federal enforcement will be reinstated while any withdrawal of approval is carried out under separate procedures. This is described in 1902.52(b).

• Actual withdrawal of approval of the plan, or a separable portion, must be done pursuant to part 1955.
• The rule requires that concurrent Federal enforcement be reinstated for a reasonable time to cover the period until withdrawal or until the State meets the 18(e) criteria again.

"For a reasonable time" refers to the temporary period during which concurrent Federal enforcement and standards authority will be reinstated in the State after a revocation decision, pending either withdrawal of plan approval under part 1955 or a determination that the State meets 18(e) criteria. This is specified in 1902.52(b).

• The regulation does not set a fixed duration for that period; rather, it ties the reinstatement to the time needed to complete withdrawal procedures under part 1955 or to reassessment that the State meets the 18(e) criteria.

Yes; when the Assistant Secretary revokes an 18(e) determination, the decision must provide for the reinstatement of concurrent Federal enforcement and standards authority within the State for a reasonable time. This is required by 1902.52(b).

• The reinstatement is intended to operate until the Assistant Secretary either withdraws approval of the State plan under part 1955 or determines the State meets the 18(e) criteria again.

The Assistant Secretary must decide either to continue or to revoke the affirmative 18(e) determination. That binary outcome is stated in 1902.52(a).

• "Continue" means the affirmative 18(e) determination remains in effect.
• "Revoke" triggers the temporary reinstatement of Federal enforcement per 1902.52(b) and may lead to withdrawal of plan approval under part 1955.

Part 1955 provides the procedures for withdrawing approval of a State plan or any separable portion after a revocation decision, and the revocation decision must account for reinstatement of Federal authority during that process. This connection is stated in 1902.52(b) and the relevant procedures appear in part 1955.

• The regulation requires that Federal enforcement be reinstated until either an approval withdrawal is completed under part 1955 or the State meets the 18(e) criteria again.

Yes; 1902.52(b) explicitly covers the situation where the Assistant Secretary withdraws approval of the plan or any separable portion, and requires that the revocation decision reflect that Federal authority will be reinstated during the period until such withdrawal or other resolution.

• The regulation contemplates withdrawing approval of an entire plan or a separable portion pursuant to part 1955.
• The revocation decision must address reinstatement of Federal enforcement while the withdrawal or reassessment process proceeds.

The procedures for determinations under section 18(e) of the Act are located in 1902 Subpart D, and the decision rule is set out at 1902.52. You can see the part header and the decision provision on the 1902 page.

• Subpart D is titled "Procedures for Determinations Under section 18(e) of the Act," which frames the context for 1902.52.
• The decision paragraph is split into the general requirement (1902.52(a)) and the revocation-specific requirement (1902.52(b)).

If the Assistant Secretary determines the State has met the criteria for an 18(e) determination after revocation, the reinstated Federal enforcement authority will end because the State has regained the necessary status; this process is referenced in 1902.52(b).

• The regulation ties the temporary reinstatement of Federal enforcement to either withdrawal of approval under part 1955 or a finding that the State once again meets the 18(e) criteria.
• The rule does not prescribe the exact steps for reinstating State authority — those steps would follow the applicable procedures of Subpart D and related provisions.

Yes; 1902.52(b) requires that a decision revoking the 18(e) determination must reflect the Assistant Secretary's determination that concurrent Federal enforcement and standards authority will be reinstated in the State for a reasonable time.

• This explicit statement is intended to make clear how enforcement responsibility will be handled during the interim period described in the regulation.
• The reinstatement continues until plan approval is withdrawn under part 1955 or until the State again meets the 18(e) criteria.