[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR70.10]

[Page 238-239]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 70_STATE OPERATING PERMIT PROGRAMS--Table of Contents
 
Sec. 70.10  Federal oversight and sanctions.

    (a) Failure to submit an approvable program. (1) If a State fails to 
submit a fully-approvable whole part 70 program, or a required revision 
thereto, in conformance with the provisions of Sec. 70.4, or if an 
interim approval expires and the Administrator has not approved a whole 
part 70 program:
    (i) At any time the Administrator may apply any one of the sanctions 
specified in section 179(b) of the Act; and
    (ii) Eighteen months after the date required for submittal or the 
date of disapproval by the Administrator, the Administrator will apply 
such sanctions in the same manner and with the same conditions as are 
applicable in the case of a determination, disapproval, or finding under 
section 179(a) of the Act.
    (2) If full approval of a whole part 70 program has not taken place 
within 2 years after the date required for such submission, the 
Administrator will promulgate, administer, and enforce a whole program 
or a partial program as appropriate for such State.
    (b) State failure to administer or enforce. Any State program 
approved by the Administrator shall at all times be conducted in 
accordance with the requirements of this part and of any agreement 
between the State and the Administrator concerning operation of the 
program.
    (1) Whenever the Administrator makes a determination that a 
permitting authority is not adequately administering or enforcing a part 
70 program, or any portion thereof, the Administrator will notify the 
permitting authority of the determination and the reasons therefore. The 
Administrator will publish such notice in the Federal Register.
    (2) If, 90 days after issuing the notice under paragraph (c)(1) of 
this section, the permitting authority fails to take significant action 
to assure adequate administration and enforcement of the program, the 
Administrator may take one or more of the following actions:
    (i) Withdraw approval of the program or portion thereof using 
procedures consistent with Sec. 70.4(e) of this part;
    (ii) Apply any of the sanctions specified in section 179(b) of the 
Act;
    (iii) Promulgate, administer, or enforce a Federal program under 
title V of the Act.
    (3) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section, the Administrator will 
apply the sanctions under section 179(b) of the Act 18 months after that 
notice. These sanctions will be applied in the same manner and subject 
to the same deadlines and other conditions as are applicable in the case 
of a determination, disapproval, or finding under section 179(a) of the 
Act.
    (4) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section, the Administrator will, 
unless the State has corrected such deficiency within 18 months after 
the date of such finding, promulgate, administer, and enforce, a whole 
or partial program 2 years after the date of such finding.
    (5) Nothing in this section shall limit the Administrator's 
authority to take any enforcement action against a source for violations 
of the Act or of a permit issued under rules adopted pursuant to this 
section in a State that has been delegated responsibility by EPA to 
implement a Federal program promulgated under title V of the Act.
    (6) Where a whole State program consists of an aggregate of partial 
programs, and one or more partial programs fails to be fully approved or 
implemented, the Administrator may apply sanctions only in those areas 
for which the State failed to submit or implement an approvable program.
    (c) Criteria for withdrawal of State programs. (1) The Administrator 
may, in accordance with the procedures of paragraph (c) of this section, 
withdraw program approval in whole or in part whenever the approved 
program no longer complies with the requirements of this part, and the 
permitting authority fails to take corrective action. Such 
circumstances, in whole or in part, include any of the following:

[[Page 239]]

    (i) Where the permitting authority's legal authority no longer meets 
the requirements of this part, including the following:
    (A) The permitting authority fails to promulgate or enact new 
authorities when necessary; or
    (B) The State legislature or a court strikes down or limits State 
authorities to administer or enforce the State program.
    (ii) Where the operation of the State program fails to comply with 
the requirements of this part, including the following:
    (A) Failure to exercise control over activities required to be 
regulated under this part, including failure to issue permits;
    (B) Repeated issuance of permits that do not conform to the 
requirements of this part;
    (C) Failure to comply with the public participation requirements of 
Sec. 70.7(h) of this part;
    (D) Failure to collect, retain, or allocate fee revenue consistent 
with Sec. 70.9 of this part; or
    (E) Failure in a timely way to act on any applications for permits 
including renewals and revisions.
    (iii) Where the State fails to enforce the part 70 program 
consistent with the requirements of this part, including the following:
    (A) Failure to act on violations of permits or other program 
requirements;
    (B) Failure to seek adequate enforcement penalties and fines and 
collect all assessed penalties and fines; or
    (C) Failure to inspect and monitor activities subject to regulation.
    (d) Federal collection of fees. If the Administrator determines that 
the fee provisions of a part 70 program do not meet the requirements of 
Sec. 70.9 of this part, or if the Administrator makes a determination 
under paragraph (c)(1) of this section that the permitting authority is 
not adequately administering or enforcing an approved fee program, the 
Administrator may, in addition to taking any other action authorized 
under title V of the Act, collect reasonable fees to cover the 
Administrator's costs of administering the provisions of the permitting 
program promulgated by the Administrator, without regard to the 
requirements of Sec. 70.9 of this part.