(a) Except as provided in this part, the Division of Environmental Quality shall, if requested by the applicant, expressly include in a part 70 permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:
- (1) Such applicable requirements are included and are specifically identified in the permit; or
- (2) The division, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.
- (b) A part 70 permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
(c) Nothing in this section or in any part 70 permit shall alter or affect the following:
- (1) The provisions of Section 303 of the Act (emergency orders), including the authority of the Administrator of the Environmental Protection Agency under that section;
- (2) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;
- (3) The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act; or
- (4) The ability of the Environmental Protection Agency to obtain information from a source pursuant to Section 114 of the Act.
- (d) Permit shield provisions shall not extend to minor permit modifications.