40 CFR § 271.22 - Criteria for withdrawing approval of State programs.
---
identifier: "/us/cfr/t40/s271.22"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 271.22 - Criteria for withdrawing approval of State programs."
title_number: 40
title_name: "Protection of Environment"
section_number: "271.22"
section_name: "Criteria for withdrawing approval of State programs."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "271"
part_name: "REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6912(a), 6926, and 6939g."
regulatory_source: "48 FR 14248, Apr. 1, 1983, unless otherwise noted."
cfr_part: "271"
---
# 271.22 Criteria for withdrawing approval of State programs.
(a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this subpart, and the State fails to take corrective action. Such circumstances include the following:
(1) When the State's legal authority no longer meets the requirements of this part, including:
(i) Failure of the State to promulgate or enact new authorities when necessary; or
(ii) Action by a State legislature or court striking down or limiting State authorities.
(2) When the operation of the State program fails to comply with the requirements of this part, including:
(i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits;
(ii) Repeated issuance of permits which do not conform to the requirements of this part; or
(iii) Failure to comply with the public participation requirements of this part.
(3) When the State's enforcement program fails to comply with the requirements of this part, including:
(i) Failure to act on violations of permits or other program requirements;
(ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or
(iii) Failure to inspect and monitor activities subject to regulation.
(4) When the State program fails to comply with the terms of the Memorandum of Agreement required under § 271.8.