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3 . Continuation of Expiring Permits (a) Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expira- tion date of this permit, the permittee must submit a complete application for a new permit at least 180 days before this permit expires. (b) Permit Extensions. The conditions of an expired permit may continue in force in accordance with 5 U. S . C. 558 (c) until the effective date of a new permit, if: (1) The permittee has submitted a timely application which is a complete application for a new permit; (2) The Director, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit; and (3) The new permit has not been denied, and if a denial has been appealed, the denial has not been upheld on appeal . (The appeal is still pending or has resulted in a reversal of the denial of the new permit application. ) (c) Effect. Permits continued under 5 U.S.C. 558 (c) and 40 CFR §144 .37 remain fully effective and enforceable. (d) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit the Director may choose to do any or all of the follow- ing: (1) Initiate enforcement action based upon the permit which has been continued; (2) Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit; (3 ) Issue a new permit under 40 CFR §124 with ap- propriate conditions; or (4) Take other actions authorized by Underground Injec- tion Control regulations. (e) State Continuation. An EPA issued permit does not con- tinue in force beyond its expiration date under Federal law if at. that time a State has primary enforcement authority. A State authorized to administer the UIC 4