[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR145.34]

[Page 758-759]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
           Subpart D_Program Approval, Revision and Withdrawal
 
Sec. 145.34  Procedures for withdrawal of State programs.

    (a) A State with a program approved under this part may voluntarily 
transfer program responsibilities required by Federal law to EPA by 
taking the following actions, or in such other manner as may be agreed 
upon with the Administrator.
    (1) The State shall give the Administrator 180 days notice of the 
proposed transfer and shall submit a plan for the orderly transfer of 
all relevant program information not in the possession

[[Page 759]]

of EPA (such as permits, permit files, compliance files, reports, permit 
applications) which are necessary for EPA to administer the program.
    (2) Within 60 days of receiving the notice and transfer plan, the 
Administrator shall evaluate the State's transfer plan and shall 
identify any additional information needed by the Federal government for 
program administration and/or identify any other deficiencies in the 
plan.
    (3) At least 30 days before the transfer is to occur the 
Administrator shall publish notice of the transfer in the Federal 
Register and in enough of the largest newspapers in the State to provide 
Statewide coverage, and shall mail notice to all permit holders, permit 
applicants, other regulated persons and other interested persons on 
appropriate EPA and State mailing lists.
    (b) Approval of a State UIC program may be withdrawn and a Federal 
program established in its place when the Administrator determines, 
after holding a public hearing, that the State program is not in 
compliance with the requirements of SDWA and this part.
    (1) Notice to State of public hearing. If the Administrator has 
cause to believe that a State is not administering or enforcing its 
authorized program in compliance with the requirements of SDWA and this 
part, he or she shall inform the State by registered mail of the 
specific areas of alleged noncompliance. If the State demonstrates to 
the Administrator within 30 days of such notification that the State 
program is in compliance, the Administrator shall take no further action 
toward withdrawal and shall so notify the State by registered mail.
    (2) Public hearing. If the State has not demonstrated its compliance 
to the satisfaction of the Administrator within 30 days after 
notification, the Administrator shall inform the State Director and 
schedule a public hearing to discuss withdrawal of the State program. 
Notice of such public hearing shall be published in the Federal Register 
and in enough of the largest newspapers in the State to attract 
statewide attention, and mailed to persons on appropriate State and EPA 
mailing lists. This hearing shall be convened not less than 60 days nor 
more than 75 days following the publication of the notice of the 
hearing. Notice of the hearing shall identify the Administrator's 
concerns. All interested persons shall be given opportunity to make 
written or oral presentation on the State's program at the public 
hearing.
    (3) Notice to State of findings. When the Administrator finds after 
the public hearing that the State is not in compliance, he or she shall 
notify the State by registered mail of the specific deficiencies in the 
State program and of necessary remedial actions. Within 90 days of 
receipt of the above letter, the State shall either carry out the 
required remedial action or the Administrator shall withdraw program 
approval. If the State carries out the remedial action or, as a result 
of the hearing is found to be in compliance, the Administrator shall so 
notify the State by registered mail and conclude the withdrawal 
proceedings.