---
kind: "section"
citation: "40 C.F.R. § 144.37"
title: "40"
number: "144.37"
heading: "Continuation of expiring permits."
url: "https://uscodex.org/cfr/40/144.37"
---

# §144.37. 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 if:
  - (1) The permittee has submitted a timely application which is a complete 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 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.** 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.** An EPA issued permit does not continue in force beyond its time expiration date under Federal law if at that time a State is the permitting authority. A State authorized to administer the UIC 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

### Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.

### Source

Source: 48 FR 14189, Apr. 1, 1983, unless otherwise noted.