OAR 340-218-0110: Permit Shield

(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(1)(h) and 340-218-0180 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) and ORS 468.035; (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, access to records). (5) The permit shield does not apply to conditions and requirements included in a Toxic Air Contaminant Permit Addendum or included in an Oregon Title V Operating Permit under OAR 340-245-0005 through 340-245-8010.