430 - 1

(Adopted May 7, 1976)(Amended October 8, 1976)

(Amended December 2, 1977)(Amended May 5, 1978)(Amended July 12, 1996)

RULE 430. BREAKDOWN PROVISIONS

(a) Applicability

This rule applies to any breakdown which results in a violation of any rule or

permit condition not specified in subparagraph (b)(3)(B). Malfunctions of

continuous emissions monitoring system (CEMS), continuous fuel gas monitoring 

system (CFGMS), or other equivalent monitoring system, subject to Rules 218,

431.1, and 1135 shall not be considered as a breakdown for the purpose of this

rule.

(b) Requirements

(1) A person shall report by telephone or other District-approved method, any 

breakdown which results in a violation of any rule or permit condition not 

specified in subparagraph (b)(3)(B) to the Executive Officer within one

hour of such breakdown or within one hour of the time said person knew

or reasonably should have known of its occurrence. Such report shall

identify the time, specific location, equipment involved, responsible party to 

contact for further information, and to the extent known, the causes of the 

breakdown, and the estimated time for repairs. In the case of emergencies 

that prevent a person from reporting all required information within the

one-hour limit, the Executive Officer may extend the time for the reporting 

of required information provided such person has notified the Executive

Officer of the breakdown within the one-hour limit.

(2) Within seven calendar days after a reported breakdown has been corrected, 

but no later than thirty calendar days from the initial date of the

breakdown, unless an extension has been approved in writing by the

Executive Officer, the owner or operator shall submit a written Breakdown 

Emissions Report to the Executive Officer which includes:

(A) an identification of the equipment involved in causing, or suspected 

of having caused, or having been affected by the breakdown;

(B) the duration of the breakdown;

(C) the date of correction and information demonstrating that

compliance is achieved;
Rule 430 (Cont.) (Amended July 12, 1996)

430 - 2

(D) an identification of the types of emissions, if any, resulting from the 

breakdown;

(E) a quantification of the excess emissions, if any, resulting from the

breakdown and the basis used to quantify the emissions;

(F) information substantiating that the breakdown did not result from

operator error, neglect or improper operation or maintenance

procedures;

(G) information substantiating that steps were immediately taken to

correct the condition causing the breakdown, and to minimize the

emissions, if any, resulting from the breakdown; 

(H) a description of the corrective measures undertaken and/or to be

undertaken to avoid such a breakdown in the future; and

(I) pictures of the equipment which failed, if available.

(3) Compliance During Breakdown

(A) Any rule or permit condition not specified in subparagraph

(b)(3)(B) shall be inapplicable to a violation directly caused by a

breakdown, provided that all of the following criteria are met:

(i) the owner or operator meets the reporting requirements

specified in paragraph (b)(1) and (b)(2);

(ii) the breakdown did not result from operator error, neglect,

or improper operation or maintenance procedures;

(iii) steps are immediately taken to correct conditions leading to 

the breakdown, and emissions caused by the breakdown are 

mitigated to the maximum extent feasible; and

(iv) the equipment in violation is shut down by the end of an

operating cycle, or within twenty-four hours from the time

the owner or operator knew or reasonably should have

known of the breakdown, whichever is sooner.

For the purpose of this rule, an operating cycle means a period of

time within which a round of regularly recurring events is

completed, and cannot be stopped without the risk of endangering

public safety or health, causing material damage to the equipment

or product, or cannot be stopped due to technical constraints. 

Economic reasons alone will not be sufficient to extend this time

period. The operating cycle includes batch processes that may start 
Rule 430 (Cont.) (Amended July 12, 1996)

430 - 3

and finish several times within a twenty-four hour period, in which 

case each start to finish interval is considered a complete cycle.

(B) Subparagraph (b)(3)(A) shall not apply to the following District

Regulations, Rules and permit conditions:

(i) Regulations I, IX, X, XIV, XVII, XX, XXX, and XXXI;

(ii) Rules 218, and 402;

(iii) any permit condition which implements any Rule or 

Regulation specified in clause (i) or (ii).

(c) If a violation of any rule or permit condition not specified in subparagraph

(b)(3)(B) is likely or suspected as a result of a reported breakdown, the Executive 

Officer will promptly investigate and determine whether the occurrence constitutes 

a breakdown in accordance with the criteria set forth in subparagraph (b)(3)(A) of 

this rule. If the Executive Officer determines that the occurrence did not constitute 

a breakdown, no relief shall be granted under subparagraph (b)(3)(A). 

(d) Equipment may be operated beyond the time limit in clause (b)(3)(A)(iv), provided 

that a petition for an emergency variance has been filed with the Clerk of the

Hearing Board in accordance with Regulation V. In the event that the breakdown 

occurs or the time limit in clause (b)(3)(A)(iv) ends outside of the normal District 

working hours, the intent to file for an emergency variance shall be transmitted to 

the District in the manner and form prescribed by the Executive Officer.