Section 326IAC2-7-7. Federally enforceable requirements

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(a) All terms and conditions in a Part 70 permit, including any provisions designed to limit a source's potential to emit, are enforceable by the U.S. EPA and citizens under the CAA.

(b) Notwithstanding subsection (a), the commissioner shall specifically designate as not being federally enforceable under the CAA, any terms and conditions included in a Part 70 permit that are not required under the CAA or under any of its applicable requirements. Permit terms and conditions so designated are not subject to the requirements of this section, and are not subject to the U.S EPA and affected state review provisions in sections 8, 9, 11, 12, 17, and 18 of this rule. (Air Pollution Control Division; 326 IAC 2-7-7; filed May 25, 1994, 11:00 a.m.: 17 IR 2260)

                    
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