# 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.

## 3( lq

( & .- 

# q 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-rementsAny 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

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