40 C.F.R. § 271.22

Criteria for withdrawing approval of State programs

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(a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this subpart, and the State fails to take corrective action. Such circumstances include the following:

(1) When 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) 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 § 271.8.

Notes of Decisions

Cited in 3 cases, 1985–2010 · leading case: People v. Roth, 129 Misc. 2d 381 (1985).

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People v. Roth, 129 Misc. 2d 381 (1985). · cites it 2× “(40 CFR 271.22; 42 USC § 6926 [e].) In relevant part, 42 USC § 6921 (a) provides: "Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies,…”

Hazardous Waste Treatment Council v. South Carolina, 766 F. Supp. 431 (D.S.C. 1991). “See 40 C.F.R. § 271.22 and § 271.23. *435 The National Problem of Hazardous Waste Management Recognizing the need for a hazardous waste management program that is “national in scope and concern,” Congress enacted the Resource Conservation and Recovery Act (RCRA) in 1976.”

Texas Disposal Sys. Landfill Inc. v. United States Env't Prot. Agency, 377 F. App'x 406 (5th Cir. 2010). “40 C.F.R. § 271.22 (a). The Administrator may conduct an informal investigation of the allegation in the petition to determine whether cause exists to commence withdrawal proceedings.”

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