[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.60]

[Page 545]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table 
of Contents
 
           Subpart F_Withdrawal of Approval of State Programs
 
Sec. 281.60  Criteria for withdrawal of approval of state programs.


    (a) The Administrator may withdraw program approval when the Agency 
determines that a state no longer has adequate regulatory or statutory 
authority or is not administering and enforcing an approved program in 
accordance with this part. The state must have adequate capability to 
administer and enforce the state program. In evaluating whether such 
capability exists, the Agency will consider whether the state is 
implementing an adequate enforcement program by evaluating the quality 
of compliance monitoring and enforcement actions.
    (b) Such withdrawal of approval will occur only after the state 
fails to take appropriate action within a reasonable time, not to exceed 
120 days after notice from the Administrator that the state is not 
administering and enforcing its program in accordance with the 
requirements of this part.