(a)

1. (1) No part 70 source may operate unless it is operating in compliance with a part 70 permit, or unless it has filed a timely and complete application for an initial or renewal permit as required under this part.
2. (2) Existing part 70 sources shall submit initial applications according to the provisions of Subpart 3 of this part.

3. (3)

   1. (A) If a part 70 source submits a timely and complete application for an initial or renewal permit, the source's failure to have a part 70 permit is not a violation of this part until the Division of Environmental Quality takes final action on the permit application, except as noted in this section.
   2. (B) This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit by the deadline specified in writing by the division any additional information identified as being needed to process the application.
4. (4) If the division fails to act in a timely way on a permit renewal, the Environmental Protection Agency may invoke its authority under Section 505(e) of the Act to terminate or revoke and reissue the permit.

(c)

1. (1)

   1. (A) No part 70 source shall begin construction of a new emissions unit or begin modifications to an existing emissions unit prior to obtaining a modified part 70 permit.
   2. (B) This applies only to significant modifications and does not apply to modifications that qualify as minor modifications or changes allowed under the operational flexibility provisions of a part 70 permit.
2. (2) An existing part 70 source shall be subject to the permit modification procedures of 8 CAR pt. 41 until such time that an initial part 70 permit application is due from the source.