Md. Code Regs. 26.11.03.23 - Permit Shield in Part 70 Permits

A. Except as provided in this chapter, the Department may expressly include in a Part 70 permit a provision stating that compliance with the federally enforceable conditions of the permit is deemed to be in compliance with all applicable requirements of the Clean Air Act as of the date of permit issuance.

B. The permit shield shall cover only the following:

(1) Applicable requirements of the Clean Air Act that are included and are specifically identified in the permit; and

(2) Any applicable requirement of the Clean Air Act specifically identified by the Department as being not applicable to the source, but only if the permit includes that determination or a summary of the determination.

C. The permit shield does not apply to terms and conditions of a permit that were based on erroneous information submitted by the permittee in its application.

D. A Part 70 permit that does not expressly state that a permit shield exists is not subject to the shield.

E. This regulation or a Part 70 permit does not alter or affect the following:

(1) The emergency order provisions of § 303 of the Clean Air Act, including the authority of the EPA under that section;

(2) The liability of an owner or operator of a source for a violation of an applicable requirement of the Clean Air Act before or when a permit is issued or for a violation that continues after issuance;

(3) The requirements of the acid rain program, consistent with § 408(a) of the Clean Air Act;

(4) The ability of the Department or the EPA to obtain information from a source pursuant to Maryland law and § 114 of the Clean Air Act; or

(5) The authority of the Department to enforce an applicable requirement of the State air pollution control law that is not an applicable requirement of the Clean Air Act.

F. The permit shield does not apply to and is not affected by any conditions in a Part 70 permit designated as "State-only enforceable".

Notes

Md. Code Regs. 26.11.03.23