Section 123.63 - Criteria for withdrawal of State programs(a) In the case of a sewage sludge management program, references in this section to "this part" will be deemed to refer to 40 CFR part 501 . The Administrator may withdraw program approval when a State program no longer complies with the requirements of this part, and the State fails to take corrective action. Such circumstances include the following:(1) Where 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) Where 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) Where 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) Where the State program fails to comply with the terms of the Memorandum of Agreement required under § 123.24 (or, in the case of a sewage sludge management program, § 501.14 of this chapter).(5) Where the State fails to develop an adequate regulatory program for developing water quality-based effluent limits in NPDES permits.(6) Where a Great Lakes State or Tribe (as defined in 40 CFR 132.2 ) fails to adequately incorporate the NPDES permitting implementation procedures promulgated by the State, Tribe, or EPA pursuant to 40 CFR part 132 into individual permits.48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 54 FR 23897, June 2, 1989; 60 FR 15386, Mar. 23, 1995; 63 FR 45123, Aug. 24, 1998