40 C.F.R. § 270.43
Termination of permits
(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any condition of the permit;
(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.
(b) The Director shall follow the applicable procedures in part 124 or part 22, as appropriate or State procedures in terminating any permit under this section.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1989–2025 · leading case: Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992).
Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992). “Next, the EPA points out that it can cure mistakes occurring in final permits by modifying 12 or revoking and reissuing 13 them, or by terminating them if it finds that the permittee misrepresented or failed to disclose material facts in the permit issuance process, see 40…”
Alabama v. United States Env't Prot. Agency, 871 F.2d 1548 (11th Cir. 1989). “A permit may be terminated for noncompliance with any of its conditions, 40 C.F.R. § 270.43 (a)(1), for failure to disclose material information or misrepresentation of material facts, 40 C.”
Prutehi Litekyan: Save Ritidian v. United States Dep't of the Air Force, 128 F.4th 1089 (9th Cir. 2025). “§ 30110 (d) (adopting 40 C.F.R. § 270.43 ), and substantive modifications must be made with the permission of Guam EPA, see id.”
Ciba-Geigy Corp. v. Sidamon-Eristoff, 3 F.3d 40 (2d Cir. 1993). “While Ciba appears to be correct that the regulations contemplate termination per se only at the request of EPA, and only for egregious wrongdoing by the permittee, see 40 C.F.R. § 270.43 , Ciba’s goal of terminating the permit can be achieved by modifying the expiration date of…”
G.A.S.P. v. Env't Quality Comm'n, 195 P.3d 66 (Or. Ct. App. 2008). “170; 40 CFR §§ 270.43 (a), 270.41. The circuit court sustained respondents’ order in every other aspect; that is, the court rejected each of petitioners’ myriad other challenges to that order.”
Gasp v. Eqc, 195 P.3d 66 (Or. Ct. App. 2008). “170; 40 CFR §§ 270.43 (a), 270.41. [9] The circuit court sustained respondents' order in every other aspect; that is, the court rejected each of petitioners' myriad other challenges to that order.”
— 40 C.F.R. § 270.43(a)(2) — 1 case
Alabama v. United States Env't Prot. Agency, 871 F.2d 1548 (11th Cir. 1989). “A permit may be terminated for noncompliance with any of its conditions, 40 C.F.R. § 270.43 (a)(1), for failure to disclose material information or misrepresentation of material facts, 40 C.”
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