(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401 — 7671q (Clean Air Act) and regulations adopted under it, if

1. (1) the applicable requirements are included and specifically identified in the owner or operator's permit; or
2. (2) the requirements are determined in writing not to be applicable to the permitted stationary source; a determination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

1. (1) the owner's and operator's obligation to comply with an emergency order issued under AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);
2. (2) the liability of an owner and operator for a violation of applicable requirements of law before or at the time of permit issuance; or
3. (3) the ability of the department to obtain information from an owner or operator of a stationary source under AS 46.14.020(b).