---
kind: "section"
citation: "40 C.F.R. § 123.63"
title: "40"
number: "123.63"
heading: "Criteria for withdrawal of State programs."
url: "https://uscodex.org/cfr/40/123.63"
---

# §123.63. Criteria for withdrawal of State programs.

- (a) In the case of a sewage sludge management program, references in this section to “this part” will be deemed to refer to [40 CFR part 501](/cfr/40/part501.md). 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) Where the State's legal authority no longer meets the 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) Where 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) Where 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) Where the State program fails to comply with the terms of the Memorandum of Agreement required under [§ 123.24](/cfr/40/123.24.md) (or, in the case of a sewage sludge management program, [§ 501.14](/cfr/40/501.14.md) of this chapter).
  - (5) Where the State fails to develop an adequate regulatory program for developing water quality-based effluent limits in NPDES permits.
  - (6) Where a Great Lakes State or Tribe (as defined in [40 CFR 132.2](/cfr/40/132.2.md)) fails to adequately incorporate the NPDES permitting implementation procedures promulgated by the State, Tribe, or EPA pursuant to [40 CFR part 132](/cfr/40/part132.md) into individual permits.
- (b) [Reserved]

## Notes

### Amendments

[48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 54 FR 23897, June 2, 1989; 60 FR 15386, Mar. 23, 1995; 63 FR 45123, Aug. 24, 1998]

### Authority

Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14178, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 54 FR 23897, June 2, 1989; 60 FR 15386, Mar. 23, 1995; 63 FR 45123, Aug. 24, 1998]