[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.37]

[Page 645-646]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144_UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
                    Subpart D_Authorization by Permit
 
Sec. 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) 
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

[[Page 646]]

    (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 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.