(1)Except as provided in this division, DEQ must expressly include in an Oregon Title V Operating Permit a provision stating that compliance with the conditions of the permit will be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:
(a)Such applicable requirements are included and are specifically identified in the permit; or
(b)DEQ, 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.
(2)An Oregon Title V Operating Permit that does not expressly state that a permit shield exists will be presumed not to provide such a shield.
(3)Changes made to a permit using OAR 340-218-0150 (Administrative Permit Amendments)(1)(h) and 340-218-0180 (Significant Permit Modifications) will be shielded.
(4)Nothing in this rule or in any Oregon Title V Operating Permit may alter or affect the following:
(a)The provisions of ORS 468.115 (Enforcement in cases of emergency) (enforcement in cases of emergency) and ORS 468.035 (Functions of department);
(b)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;
(c)The applicable requirements of the national acid rain program, consistent with section 408(a) of the FCAA; or
(d)The ability of DEQ to obtain information from a source under ORS 468.095 (Investigatory authority) (investigatory authority, access to records).
Rule 340-218-0110 — Permit Shield,