Any person who owns or operates a facility subject to this Subpart must submit, 90 days or more prior to applying for a certificate to operate, an operating plan to provide for proper maintenance, and avoid careless operation or other preventable conditions during startup, shutdown and other upset condition periods. Such a plan must include provisions for equipment which automatically maintains proper operating parameters. Such plan must be found acceptable to the commissioner and approved prior to issuance of a certificate to operate pursuant to Part 201 of this Title. Such plan will not exempt the source owner from any enforcement action taken by the department.