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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

25 Pa. Code § 127.516. Permit shield.

§ 127.516. Permit shield.

 (a)  Compliance with the conditions of the permit shall be deemed in compliance with applicable requirements as of the date of permit issuance, if one of the following applies:

   (1)  The applicable requirements are included and are specifically identified in the permit.

   (2)  The Department, 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 Title V 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 a Title V permit alters or affects the following:

   (1)  The provisions of section 303 of the Clean Air Act (42 U.S.C.A. §  7603) (emergency orders); including the authority of the Administrator of the EPA under that section.

   (2)  The liability of an owner or operator of a source for a violation of an applicable requirement 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 Clean Air Act (42 U.S.C.A. §  7651g(a)).

   (4)  The ability of the EPA to obtain information from a source under section 114 of the Clean Air Act (42 U.S.C.A. §  7414).

Cross References

   This section cited in 25 Pa. Code §  127.447 (relating to alternate operating scenarios); 25 Pa. Code §  127.448 (relating to emissions trading at facilities with Federally enforceable emissions cap); 25 Pa. Code §  127.449 (relating to de minimis emission increases); 25 Pa. Code §  127.450 (relating to administrative operating permit amendments); 25 Pa. Code §  127.462 (relating to minor operating permit modifications); 25 Pa. Code §  127.465 (relating to significant operating permit modification procedures); 25 Pa. Code §  127.512 (relating to operating permit terms and conditions); and 25 Pa. Code §  127.514 (relating to general operating permits at Title V facilities).

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