American Energy and Mineral Infrastructure Act of 2026

(6) General permits

(A) Permits authorized. The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities the discharges of which are of similar types and from similar sources.

(B) Permit expiration notification. If the Administrator does not intend to issue a general permit under this paragraph that covers discharges that are substantially similar to discharges covered by a previously issued general permit, not later than the date that is 2 years before the date on which the previously issued general permit will expire, the Administrator shall publish in the Federal Register a notice of the decision not to reissue the general permit.

(C) Application of permit terms of an expired permit

(i) In general. If a general permit issued under this paragraph expires and the Administrator has not published a notice under subparagraph (B), the Administrator shall, until the date described in clause (ii)—

(I) continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and

(II) apply those terms, conditions, and requirements to any discharge that would have been covered by the expired general permit (in accordance with any relevant requirements for that coverage) if the discharge had occurred before that expiration.

(ii) Date described. The date referred to in clause (i) is the date that is the earlier of—

(I) the date on which the Administrator issues a new general permit for discharges substantially similar to those covered by the expired general permit; and

(II) the date that is 2 years after the date on which the Administrator publishes in the Federal Register a notice described in subparagraph (B).