subpart_subject: "Program Approval, Revision and Withdrawal"
section_number: "145.33"
section_subject: "Criteria for withdrawal of State programs."
cfr_reference: "40 CFR 145.33"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 136 to 149"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)The Administrator may withdraw program approval when a State program no longer complies with the requirements of this part, and the State fails to take corrective action. Such circumstances include the following:
(1)When the State's legal authority no longer meets their requirements of this part, including:
(i)Failure of the State to promulgate or enact new authorities when necessary; or
(ii)Action by a State legislature or court striking down or limiting State authorities.
(2)When the operation of the State program fails to comply with the requirements of this part, including:
(i)Failure to exercise control over activities required to be regulated under this part, including failure to issue permits;
(ii)Repeated issuance of permits which do not conform to the requirements of this part; or
(iii)Failure to comply with the public participation requirements of this part.
(3)When the State's enforcement program fails to comply with the requirements of this part, including:
(i)Failure to act on violations of permits or other program requirements;
(ii)Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or
(iii)Failure to inspect and monitor activities subject to regulation.
(4)When the State program fails to comply with the terms of the Memorandum of Agreement required under § 145.24.