[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.46]



[Page 226]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

                       Subpart C_Permit Conditions

 

Sec.  122.46  Duration of permits (applicable to State programs, see 

Sec.  123.25).



    (a) NPDES permits shall be effective for a fixed term not to exceed 

5 years.

    (b) Except as provided in Sec.  122.6, the term of a permit shall 

not be extended by modification beyond the maximum duration specified in 

this section.

    (c) The Director may issue any permit for a duration that is less 

than the full allowable term under this section.

    (d) A permit may be issued to expire on or after the statutory 

deadline set forth in section 301(b)(2) (A), (C), and (E), if the permit 

includes effluent limitations to meet the requirements of section 

301(b)(2) (A), (C), (D), (E) and (F), whether or not applicable effluent 

limitations guidelines have been promulgated or approved.

    (e) A determination that a particular discharger falls within a 

given industrial category for purposes of setting a permit expiration 

date under paragraph (d) of this section is not conclusive as to the 

discharger's inclusion in that industrial category for any other 

purposes, and does not prejudice any rights to challenge or change that 

inclusion at the time that a permit based on that determination is 

formulated.



[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 31842, Aug. 8, 1984; 50 

FR 6940, Feb. 19, 1985; 60 FR 33931, June 29, 1995]