How long is an NPDES permit valid?

For a fixed term of not more than 5 years. The permitting authority may set a shorter term (40 CFR 122.46(a) and (c)).

When must we reapply?

POTWs at least 180 days before expiry, and all other permittees 180 days before expiry, unless a later date is allowed. A later date can never be after the expiration date (40 CFR 122.21(d)).

What if the permit expires before the new one is issued?

An EPA-issued permit continues only if you submitted a timely and complete application and the delay is not your fault. For State-issued permits, it depends on State law (40 CFR 122.6).

US · Expiry & renewal tracking

Reapply for every NPDES permit on time

An NPDES permit runs for a fixed term of not more than 5 years (40 CFR 122.46), and the permittee must submit a new application 180 days before expiry unless a later date, never after expiry, is allowed (40 CFR 122.21(d)). An EPA-issued permit continues past expiry only if a timely, complete application was filed.

The National Pollutant Discharge Elimination System (NPDES) requires permits for the discharge of pollutants from any point source into waters of the United States (40 CFR 122.1(b)(1)). Part 122 sets EPA's permitting rules; sections marked as applicable to State programs also apply to approved State programs, and States may set more stringent rules (40 CFR 122.1(a)(5)).

NPDES permits are effective for a fixed term not to exceed 5 years. The permitting authority may issue a permit for a shorter term, and the term may not be extended by modification beyond 5 years, except as provided for continued permits in 40 CFR 122.6 (40 CFR 122.46(a) to (c)).

A publicly owned treatment works (POTW) must submit a new application at least 180 days before its permit expires, unless the Director allows a later date. All other permittees must submit a new application 180 days before the permit expires, unless the Regional Administrator allows a later date. In both cases the later date can never be after the permit's expiration date (40 CFR 122.21(d)). For coverage under a general permit, a complete and timely notice of intent submitted under the general permit's requirements fulfills the application requirements (40 CFR 122.28(b)(2)(i)).

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At a glance

Rules	40 CFR 122.46, 122.21(d) and 122.6
Permit term	Fixed term of not more than 5 years
New application	180 days before the permit expires
Later date	Only with permission, and never after expiry
General permits	Notice of intent under the general permit's requirements
Application records	Keep at least 3 years from the date the application is signed

The dates that apply to you are the ones in your own permit and your State's rules; approved State programs may be more stringent (40 CFR 122.1(a)(5)).

Who is responsible?

The permittee, which must submit the new application (40 CFR 122.21(d)). The permitting authority may not issue an individual permit before it receives a complete application (40 CFR 122.21(e)(1)).

If the deadline passes

For EPA-issued permits, the conditions of an expired permit continue in force until the new permit takes effect only if the permittee submitted a timely and complete application and EPA, through no fault of the permittee, did not issue the new permit before the old one expired (40 CFR 122.6(a)). Where a State is the permitting authority, it may continue permits only if State law allows; otherwise the facility is operating without a permit from the old permit's expiry until the new permit takes effect (40 CFR 122.6(d)).

Tracking it with ExpirySuite

Add each NPDES permit with its expiration date.
Add a second record for the application deadline, 180 days before expiry or the date set in your permit, so you are reminded before that date as well.
Reminders arrive 60, 30, 14, 7 and 1 day before the due date and on the due date itself.
Assign a responsible person (for example your environmental manager) so the right person gets the reminder.
If a date passes, managers get overdue reminders 3, 7 and 14 days later.
Upload the application confirmation and the new permit, or ask a consultant to send them through a secure upload link, valid for 14 days; no account is needed.

Frequently asked questions

How long is an NPDES permit valid?: For a fixed term of not more than 5 years. The permitting authority may set a shorter term (40 CFR 122.46(a) and (c)).
When must we reapply?: POTWs at least 180 days before expiry, and all other permittees 180 days before expiry, unless a later date is allowed. A later date can never be after the expiration date (40 CFR 122.21(d)).
What if the permit expires before the new one is issued?: An EPA-issued permit continues only if you submitted a timely and complete application and the delay is not your fault. For State-issued permits, it depends on State law (40 CFR 122.6).
We are covered by a general permit. Does this apply?: A complete and timely notice of intent, submitted under the general permit's requirements, fulfills the application requirements (40 CFR 122.28(b)(2)(i)). Check the general permit for its dates.

Sources

Last checked: Oct 1, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.

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Reminders on time

Email alerts at 60, 30, 14, 7 and 1 day before each NPDES / stormwater permit (EPA) (US) expires, plus overdue escalation to managers.

Assign an owner

Give each NPDES / stormwater permit (EPA) (US) an owner and let employees update their own via a secure link — no login needed.