[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR281.60]



[Page 583]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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.