40 C.F.R. § 122.46

Duration of permits (applicable to State programs, see § 123.25)

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(a) NPDES permits shall be effective for a fixed term not to exceed 5 years.

(b) Except as provided in § 122.6, the term of a permit shall not be extended by modification beyond the maximum duration specified in 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]

Notes of Decisions

Cited in 10 cases, 1986–2018 · leading case: Upper Blackstone Water Pollution Abatement District v. United States Environmental Protection Agency

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Upper Blackstone Water Pollution Abatement District v. United States Environmental Protection Agency (2012) ca1 · cites it 2× “See 40 C.F.R. § 122.46 (a)-(b) (“NPDES permits shall be effective for a fixed term not to exceed 5 years.”

City of Taunton v. U.S. Environmental Protection (2018) ca1 “§§ 1342 (a)(3), (b)(1)(B) ; 40 C.F.R. § 122.46 (a). Upon receiving a permit renewal application, the permitting authority-the EPA, in this case-prepares a draft permit setting out the proposed "effluent limitations, standards, prohibitions .”

City of San Diego v. Whitman (2001) ca9 · cites it 2× “2 See 40 C.F.R. § 122.46 ; 40 C.F.R. § 125.59 .”

West Virginia Coal Ass'n v. Reilly (1989) wvsd “13 *1293 Having found EPA’s regulation of the fills and ponds to be proper under the authority vested in EPA by the Clean Water Act, the court need not address EPA’s authority to regulate the fills and ponds by virtue of its internal waste stream rule, 40 C.F.R. § 122.46 (h), or…”

In Re the Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated Wastewater (2005) minnctapp “Accordingly, a TMDL is not required in order to determine whether a new discharge source will cause or contribute to the violation of water-quality standards under 40 C.F.R. § 122.46 ). Here, the PCA found that discharge from the Cities’ proposed plant would not affect…”

Miners Advocacy Council, Inc. v. State, Department of Environmental Conservation (1989) alaska “In 1986, EPA issued an additional 104 NPDES permits to placer miners. These permits also expired on December 31, 1986.”

Manasota-88, Inc. v. Thomas (1986) ca11 “40 C.F.R. § 122.46 . * The NPDES permitting process is triggered by the submission of an application by "any person who discharges or proposes to discharge pollutants and who does not have an effective permit.”

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency (1988) cadc “§ 1342 (a)(3), (b)(1)(B) (1982); 40 C.F.R. § 122.46 (a) (1987). . Brief for Petitioner NRDC at 44 n.”

City Of San Diego v. Christine Todd Whitman (2001) ca9 “" The Mayor stated: 8 By law, the City of San Diego must submit a renewal application for its NPDES permit for Point Loma by June of 2000 (40 C.F.R. 122.46, 125.59). . . . 9 As detailed below, the City's position is that OPRA was intended to govern the reopening of the waiver…”

UBWPAD v. EPA (2012) ca1 · cites it 2× “See 40 C.F.R. § 122.46 (a)-(b) ("NPDES permits shall be effective for a fixed term not to exceed 5 years .”

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