(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. 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 (or, in the case of a sewage sludge management program, § 501.14 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) fails to adequately incorporate the NPDES permitting implementation procedures promulgated by the State, Tribe, or EPA pursuant to 40 CFR part 132 into individual permits.
(b) [Reserved]
[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]
Notes of Decisions
Larry Askins v. Ohio Dep't of Agric., 809 F.3d 868 (6th Cir. 2016).
“§ 1342 (c)(3); 40 C.F.R. § 123.63 . Congress did not intend to give citizens greater and faster enforcement authority against a state than the U.”
Sierra Club v. United States Env't Prot. Agency, 377 F. Supp. 2d 1205 (N.D. Fla. 2005).
“See 40 C.F.R. §§ 123.63 & 123.64 (2004). The regulations provide detailed procedures governing withdrawal proceedings and allow the commencement of such proceedings not only on the EPA’s own initiative but also on the petition of any “interested person.”
Save Valley, Inc. v. United States Env't Prot. Agency, 223 F. Supp. 2d 997 (S.D. Ind. 2002).
· cites it 6× “The regulation states that an interested party may petition the Administrator to withdraw approval of a state’s program by setting out reasons from among those listed in 40 C.F.R. § 123.63 . Under section 123.63, reasons for withdrawal deemed sufficient include the failure of…”
Sierra Club v. Hankinson, 939 F. Supp. 872 (N.D. Ga. 1996).
“§ 1342 (c)(3) and 40 CFR § 123.63 (a)(5) (withdrawal permitted where the State has not “developed] an adequate regulatory program for developing water-quality based effluent limits in NPDES permits”).”
State Dept. of Fin. v. Com. on State Mandates (Cal. Ct. App. 2013).
· cites it 2× “§ 1342 (c)(3); 40 C.F.R. §§ 123.63 , 123.64.) If a state repeatedly issues permits that are vetoed by the EPA, the EPA may find this constitutes grounds for withdrawal of the state‘s program approval.”
State Dept. of Fin. v. Com. on State Mandates (Cal. Ct. App. 2013).
· cites it 2× “§ 1342 (c)(3); 40 C.F.R. §§ 123.63 , 123.64.) If a state repeatedly issues permits that are vetoed by the EPA, the EPA may find this constitutes grounds for withdrawal of the state‘s program approval.”
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