(1) Shield requirement. Each chapter 401 permit shall include 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 such applicable requirements are included and are specifically identified in the permit.

(2) Inapplicable requirements. Upon request, the permitting authority shall include in the permit or in a separate written finding issued with the permit a determination identifying specific requirements that do not apply to the source. The source shall specify in its application for such a determination the requirements as to which the determination is requested. If the determination is issued in a separate finding, that finding shall be summarized in the permit. The permit shall state that the permit shield applies to any requirements so identified. A request to extend the permit shield to requirements deemed inapplicable to the source may be made either in the original permit application or in an application for a permit modification.

(3) Omissions. A chapter 401 permit that does not expressly state that a permit shield extends to specific applicable requirements shall be presumed not to provide such a shield for those requirements.

(4) Exclusions. Nothing in this section or in any chapter 401 permit shall alter or affect the following:

(a) The provisions of section 303 of the FCAA (emergency orders), including the authority of the administrator under that section;

(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 acid rain program, consistent with section 408(a) of the FCAA;

(d) The ability of EPA to obtain information from a source pursuant to section 114 of the FCAA; or

(e) The ability of the permitting authority to establish or revise requirements for the use of reasonably available control technology (RACT) as provided in chapter 252, Laws of 1993.

(5) The agency may exclude all or a portion of a permit from the permit shield upon a finding that the shield would substantially impede implementation or enforcement of applicable requirements. Such a finding shall identify the portions of the permit excluded from the shield, the requirements that have led to the exclusion, and the reason for the exclusion.