[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR233.38] [Page 300] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents Subpart D_Program Operation Sec. 233.38 Continuation of expiring permits. A Corps 404 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 404 Program may continue Corps or State-issued permits until the effective date of the new permits, if State law allows. Otherwise, the discharge is being conducted without a permit from the time of expiration of the old permit to the effective date of a new State-issued permit, if any.