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.
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;
(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.
This regulation or a Part 70 permit does
not alter or affect the following:
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
(3) The requirements of
the acid rain program, consistent with § 408(a) of the Clean Air
(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