Regulation .03 Federally Enforceable Permits to Construct and State Permits to Operate.

The Department may include a condition in a permit to construct, an approval, or a State permit to operate that limits emissions from a source and that is federally enforceable so that the source is not subject to a Part 70 permit or an applicable requirement of the Clean Air Act.

Conditions of a permit to construct are federally enforceable if the conditions are based upon applicable requirements of the Clean Air Act.

A State permit to operate is federally enforceable if the permit so states and if the permit was processed in accordance with the procedures set forth in 54 FR 27274—27288 (June 28, 1989) or other procedures acceptable to EPA for making a permit federally enforceable.