40 CFR §145.33

1. (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. (1)When the State's legal authority no longer meets their requirements of this part, including:
      1. (i)Failure of the State to promulgate or enact new authorities when necessary; or
      2. (ii)Action by a State legislature or court striking down or limiting State authorities.
   2. (2)When the operation of the State program fails to comply with the requirements of this part, including:
      1. (i)Failure to exercise control over activities required to be regulated under this part, including failure to issue permits;
      2. (ii)Repeated issuance of permits which do not conform to the requirements of this part; or
      3. (iii)Failure to comply with the public participation requirements of this part.
   3. (3)When the State's enforcement program fails to comply with the requirements of this part, including:
      1. (i)Failure to act on violations of permits or other program requirements;
      2. (ii)Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or
      3. (iii)Failure to inspect and monitor activities subject to regulation.
   4. (4)When the State program fails to comply with the terms of the Memorandum of Agreement required under § 145.24.