---
kind: "section"
citation: "40 C.F.R. § 122.6"
title: "40"
number: "122.6"
heading: "Continuation of expiring permits."
url: "https://uscodex.org/cfr/40/122.6"
---

# §122.6. Continuation of expiring permits.

- (a) **EPA permits.** When EPA is the permit-issuing authority, the conditions of an expired permit continue in force under [5 U.S.C. 558(c)](/usc/5/558.md?p=c) until the effective date of a new permit (see [§ 124.15](/cfr/40/124.15.md)) if:
  - (1) The permittee has submitted a timely application under [§ 122.21](/cfr/40/122.21.md) which is a complete (under [§ 122.21(e)](/cfr/40/122.21.md?p=e)) application for a new permit; and
  - (2) The Regional Administrator, through no fault of the permittee does not issue a new permit with an effective date under [§ 124.15](/cfr/40/124.15.md) on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
- (b) **Effect.** Permits continued under this section remain fully effective and enforceable.
- (c) **Enforcement.** When the permittee is not in compliance with the conditions of the expiring or expired permit the Regional Administrator may choose to do any or all of the following:
  - (1) Initiate enforcement action based upon the permit which has been continued;
  - (2) Issue a notice of intent to deny the new permit under [§ 124.6](/cfr/40/124.6.md). If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;
  - (3) Issue a new permit under [part 124](/cfr/40/part124.md) with appropriate conditions; or
  - (4) **Take other actions authorized by these regulations.**
- (d) **State continuation.**
  - (1) An EPA-issued permit does not continue in force beyond its expiration date under Federal law if at that time a State is the permitting authority. States authorized to administer the NPDES program may continue either EPA or State-issued permits until the effective date of the new permits, if State law allows. Otherwise, the facility or activity is operating without a permit from the time of expiration of the old permit to the effective date of the State-issued new permit.

## Notes

### Amendments

[48 FR 14153, Apr. 1, 1983, as amended at 50 FR 6940, Feb. 19, 1985]

### Authority

Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14153, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14153, Apr. 1, 1983, as amended at 50 FR 6940, Feb. 19, 1985]