Section 326IAC2-7-15. Permit shield

   (a) Except as provided in this rule, the commissioner shall expressly include in a Part 70 permit a provision stating that compliance with the conditions of a Part 70 permit shall be deemed compliance with any applicable requirements as of the date of a Part 70 permit issuance, provided either of the following:

(1) The applicable requirements are included and are specifically identified in a Part 70 permit.

(2) The commissioner, in acting on the Part 70 permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 permit includes the determination or a concise summary thereof.

  (b) A Part 70 permit that does not expressly state that a Part 70 permit shield exists shall be presumed not to provide such a shield.

  (c) No permit shield shall apply to any permit term or condition that is determined after issuance of the permit to have been based on erroneous information supplied in the permit application.

  (d) If, after issuance of a permit, it is determined that the permit is in nonconformance with an applicable requirement, the commissioner shall immediately take steps to reopen and revise the permit and issue a compliance order to the source to ensure expeditious compliance with the applicable requirement until the permit is reissued. The permit shield shall continue in effect so long as the source is in compliance with the compliance order.

  (e) Nothing in this subsection or in any Part 70 permit shall alter or affect the following:

(1) The provisions of Section 303 of the CAA (emergency orders), including the authority of the U.S. EPA under Section 303 of the CAA.

(2) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of a Part 70 permit issuance.

(3) The applicable requirements of the acid rain program, consistent with Section 408(a) of the CAA.

(4) The ability of U.S. EPA to obtain information from a source under Section 114 of the CAA.

(Air Pollution Control Division; 326 IAC 2-7-15; filed May 25, 1994, 11:00 a.m.: 17 IR 2265)