- (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 Administrator of the Environmental Protection Agency and citizens under the Act.
(b)
- (1) Notwithstanding subsection (a) of this section, the Division of Environmental Quality shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or under any of its applicable requirements.
- (2) Terms and conditions so designated are not subject to the requirements of Subparts 5 and 9 of this part, other than those contained in this section.