(a) At the discretion of the executive director, and
upon request by the applicant, the permit may contain a permit shield
for specific emission units. The permit shield is a special condition
stating that compliance with the conditions of the permit shall be
deemed compliance with the specified potentially applicable requirements
or specified potentially applicable state-only requirements.
(b) In order for the executive director to determine
that an emission unit qualifies for a permit shield, all information
required by §122.132(d)(2), (3), and (7) of this title (relating
to Application and Required Information for Initial Permit Issuance,
Reopening, Renewal, or General Operating Permits) must be submitted
with the permit application.
(c) The permit shall contain the following information
for the emission units addressed by the permit shield:
(1) determinations by the executive director establishing
one of the following:
(A) potentially applicable requirements or potentially
applicable state-only requirements specifically identified during
the application review process are not applicable to the source; or
(B) duplicative, redundant, and/or contradicting applicable
requirements or state-only applicable requirements specifically identified
during the application review process are superseded by a more stringent
or equivalent requirement; and
(2) a statement that compliance with the conditions
of the permit shall be deemed compliance with the specified potentially
applicable requirements or specified potentially applicable state-only
requirements.
(d) Any permit that does not expressly state that a
permit shield exists shall not provide a permit shield.
(e) Permit shield provisions shall not be modified
by the executive director until notification is provided to the permit
holder. No later than 90 days after notification of a change in a
determination made by the executive director, the permit holder shall
apply for the appropriate permit revision to reflect the new determination.
(f) Provisional terms and conditions are not eligible
for a permit shield. Any permit term or condition, under a permit
shield, shall not be protected by the permit shield if it is replaced
by a provisional term or condition or the basis of the term or condition
changes.
(g) Nothing in this section shall alter or affect the
following:
(1) the provisions of Federal Clean Air Act (FCAA),
§303 (Emergency Orders);
(2) the liability of an owner or operator of a source
for any violation of applicable requirements prior to or at the time
of permit issuance;
(3) the applicable requirements of the acid rain program;
or
(4) the ability of the United States Environmental
Protection Agency to obtain information from a source under FCAA,
§114 (Inspections, Monitoring, and Entry).
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