Section 270.404  Compliance Plan/Schedule of Compliance

A CAAPP application shall contain a compliance plan/schedule of compliance for all emission units at the source, regardless of the compliance status of each emission unit, that contains the following:

a)         A description of the compliance status of all emission units at the source with respect to all applicable requirements as follows:

1)         For applicable requirements with which the source is in compliance at the time of application submittal, a statement that the source will continue to comply with such requirements during the permit term;

2)         For applicable requirements that will become effective during the permit term, a statement that the source will achieve compliance with such requirements on a timely basis and will continue to comply with such requirements during the permit term;

3)         For applicable requirements with which the source is not in compliance at the time of application submittal but will be in compliance prior to permit issuance, a statement that the source will achieve compliance prior to permit issuance and will continue to comply with such requirements during the permit term; and

4)         For applicable requirements with which the source is not in compliance at the time of application submittal and will not be in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements;

b)         A compliance plan/schedule of compliance addendum for emission units described in subsection (a)(4) above that includes a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any such applicable requirements for which the source will be in noncompliance at the time of application submittal. This compliance plan/schedule of compliance addendum shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject;

c)         A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a compliance plan/schedule of compliance to remedy a violation; and

d)         For an effected source of acid rain deposition, the compliance plan/schedule of compliance content requirements specified in this Section shall apply to and be included in the compliance plan/schedule of compliance of such source's Phase II acid rain permit, for an affected source for acid deposition, except as specifically superseded by regulations promulgated under Title IV of the Clean Air Act with regard to schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.