---
kind: "section"
citation: "40 C.F.R. § 145.33"
title: "40"
number: "145.33"
heading: "Criteria for withdrawal of State programs."
url: "https://uscodex.org/cfr/40/145.33"
---

# §145.33. Criteria for withdrawal of State programs.

- (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](/cfr/40/145.24.md).

## Notes

### Authority

Authority: 42 U.S.C. 300f et seq.

### Source

Source: 48 FR 14202, Apr. 1, 1983, unless otherwise noted.