51 141 g~ 

RULE 110 Equip`

ment Breakdown (Revised September 27, 1983) 

Definitions 

a. For the purpose of this Rule, a breakdown condition means an unforeseeable 

failure or malfunction of 1) any air pollution control equipment, or related 

operating equipment, which causes a violation of any emission limitation or 

restriction prescribed by these rules and regulations, or by State law, or 

2) any instack continuous monitoring equipment, where such failure or 

malfunction 

1. is not the result of neglect or disregard of any air pollution control 

law or regulation; 

2. is not intentional or the result of negligence; 

3. is not the result of improper maintenance; 

4. does not constitute a nuisance; 

5. is not a recurrent breakdown of the same -equipment. I 

b. An occurrence which constitutes a breakdown condition, and which persists 

only until the end of the production run or 24 hours, whichever is sooner 

(exCept for continuous monitoring equipment,-for which the period shall be 

ninety-six [96] hours), shall constitute a violation of any applicable 

-suission limitation or restriction prescribed by these rules and regulations; 

fiowever, the Air Pollution Control Officer may elect to take no enforcement 

action if the owner or operator demonstrates to the Control Officer's 

satisfaction that a breakdown condition exists and the following requirements 

are met: 

a. The owner or operator submits the notification required by subparagraph 

r.1; and ; 

2. The owner or operator immediately undertakes appropriate corrective 

measures and comes into compliance. 

3. The Control Officer determines that the attainment or maintenance of 

national ambient air quality standards will not be endangered. 
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c. Breakdown Procedures 

1. The owner or operator shall notify the Control Officer of any occurrence 

which constitutes a breakdown condition; such notification shall identify 

the time, specific location, equipment involved, and (to the extent 

known) the cause(-s) of the occurrence, and shall be given as soon as 

reasonably possible, but no later than one (1) hour after its detection, 

unless the owner or operator demonstrates to the Control Officer 

satisfaction that a longer period was necessary. 

2. The Control Officer sha11 establish written procedures and guidelines, 

including appropriate forms for logging of initial reports, investigation, 

and enforcement follow-up, to ensure that all.reported breakdown - 

occurrences are handled uniformly to final disposition. 

3. Upon receipt of notification pursuant to subparagraph c.l the Control 

Officer shall promptly investigate and determine whether the occurrence 

constitutes a breakdown condition. If the Control Officer determines 

- that the occurrence does not constitute a breakdown condition, the Control 

Officer may take appropriate enforcement action, including, but not 

limited to seeking fines, an abatement order, or.an injunction against 

further operation. 

d. Reporting Requirements 

Within ten (10) days after a breakdown occurrence has been corrected, the 

- owner or operator shall submit a written report to the Control Officer which 

inciudes: 

1. A statement that the occurrence has been corrected, together with the date 

of correction and proof of compliance; 

2. a specific statement of the reason(s) or cause(s) for the occurrence 

sufficient to enable the Control Officer to determine whether the 

- occurrence was a breakdown condition; 

- 3. a descriptiorr of the corrective measures undertaken and/or to be undertaken 

to avoid such an occurrence in the future (the Control Officer may, at 

- #he request of the owner or operator, for good cause, extend up to 30 days 

fhe deadline for submitting the description required by this subparagraph); 

4. an estimate of the emissions caused by the occurrence; and 

S. pictures of the equipment or controls which failed, if availabie. 

-e. 8urden of Proof 

Tfie burden shall be on the owner or operator of the source to provide sufficient 

information to demonstrate that a breakdown did occur. If the owner or 

4)perator fails to provide suffici_ent information, the Control Officer shall 

undertake appropriate.enforcement action:- - 

.._ failure to Comply with Reporting Requi-rements 

Any failure to comply, or comply in a timely manner, with the reporting requirements established in subparagraphs c.l, and d.l through d.5 of this Rule shall 

- constitute a separate violation of this Rule. 
g. False Claiming of Breakdown Occurrence 

It shall constitute a separate violation of this Rule for any person to file 

with the Control Officer a report which falsely, or without probable cause, 

claims that an occurrence is a breakdown occurrence. 

h. Hearing Board Standards and Guidelines 

The Hearing Board shall adopt standards and guideiines consistent with this 

Rule to assist the Chairperson or other designated member(s) of the Hearing 

Board in determining whether to grant or deny any emergency variance, and to 

-- assist the Control Officer in the enforcement of this Rule.