~ 

R0,IE ~11 EnllIP:'Et:T EA.<r0'"i 

A. An occurrence rlhich constitutes a Crea'cdown conjition, and u ~ hich persists 

only until the end of the production rtin or 24-hours, ;,:hichever is sooner 

(except for continuous nor,itorinn ec;uipmant, for which the period shall be 

ninety-six (9E) hours), snall constitute a violation of an,y applicabl.e 

enission lir!itation or restriction prescribed hy these rules and repulations; 

however, no enforcement action may be taken provided that the owner or 

operator demonstrates to the Air Pollution Control nfficer that a breakdot--n 

condition exists and t5e followino reGuirenents are met: 

1. The owmer or operator submits the notification required by subparagraph c.l.; and 

2. The owner or operator ir,=ediately undertal:es appropriate corrective 

.measures and comes into co^-p1 iance. 

3. The Air Pollution Control Officer dete mines t5at the attainment or 

maintenance of applicable Ambiert Air C;uaiity Standards will not be 

endangered. 

/ 

B. P,n occurrence rihich constitutes a breakdolvn condiVion shall not persist 

loncler than the end of the production run or V-hours, whichever is 

sooner (except for continuous monitorinrt eodiprent, for tilhich the period 

shall be ninety-six (90) hours), unless e owner or operator has•obtained 

an energency variance. 

, 

If the breakdovr.m condition wi11 eit~er require ~nore ti~ an t ~•~ enty-four (2 ~ ) ` . . 

hours to correct or persist lor.ne than the en\d of the production run 

(except for continuous nonitori131.1; equipnent, for which the period shall 

41 

be ninety-six (9b) hours), the o ~~mer or operator raa;r, in 1 ieu of shutdo: -!n, ~ . 

-1- 
request the /',i r('ol 1 ution Control Gf F icer to comnence the emerCenc ~ ,vari ance 

procedure set forth in Olule 517. 

C.Breakdo!•-n Proced+ures 

1. The oa:ner or operator shall notif,y thi-- F.ir Pollution. Con*.rol Officer 

of any occurrence ti:hic;; constitutes a breakdot ,:n condition; such 

notification shall identify the time, specific location, equipTent 

involved, and (to the extent knorm) the cause(s) of the occurrence, 

and shall be c!iven as soon as reasonahly possible, but no 'later than 

two (2) hours after its detection. 

2. The Air Pollution Control Officer siiall establish written procedures 

and gui:lelines, incluc"ing appropriate forrs for locCinQ of initial 

reports, investiqation, and enforcement follovr-up, to ensure that a11 

reported breakdot,~,n occiirrences are handled unifornly to final disposition. 

3. Opon receipt of notification pursuant to subparaCrap" b.l. the Air 

Pollution Control Officer shall promotly investi,ate and determine 

whether the occurrence consti tutes a breakc'o:•:n condi ti on. If the Ai r 

Pollution Control Officer deterr, ~ ines that the occurrence does not 

constitute a breakdowr, condition, the Air Pollution Control Officer may 

take appropriate enforcement actinn, includin0, but not limited to 

seekin0 fines, an abatement order, or an injunction apainst further 

• " operation. 

D.Reportina '?equirements 

Within 10 days 3fter a breakdol4n occurrence has been corrected, *.he owner 

or operator shall submit awritten report to the Mr Pollution Control 

, Offic2r which includes: 

-2- 
1. A statenent ttiat thP occurrence has been corrected, tor!'ether•vlith 

the date of correction an.' nroof of compliance; 

2. A specific staterr±ent of ttie reason(s) or cause(s) fron the occurrence 

sufficient to enable the Pir Po1?u*_ion Control 01'ficer to determine 

!hether the occurrence t!as a breakdo!+m condition; 

3. Q description of the corrective measures undertalcen and/or to be 

undertaken to avoid such an occurrence in the future (the Air Pollution 

Control Officer may, at the request of the o:,!ner or operator, for 

clood cause, extend ua to 30 days the deadline for sub:^ittinc,+ the 

description required by this subparacraph); 

4. a.n estimate of the enissions caused by the occurrerce; and 

5. Pictures of the equipment or controls elhich failed, if available. 

E. Burden of Proof. 

The burden shall be on the owner or operatnr of the source to provide 

sufficient information to demonstrate that a breakdown did occur. If the 

owner or operator fails to provide sufficient information, the Air Pollution 

Control Officer shall unr.iertake approoriate enforcement action. 

F. Failure to Compl.,v i-:itti Renortin ~! Reruirerien - ts 

Any failure to corpiy, or conply in a timely manner, with the reportinc, 

requirenents established in subparanr%aphs c.l and d.l through d.5 of this 

Rule shall constitute a separatP violation of this Rule. 

G. Fal se C1 aimi nn of ^reaFft-:n Qccurrerce 

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

• 

~ file t•rith the Air Pollution Control Officer a report which falseiy, or vrithout probable cause, claims that an occurrence is a breakdotqn oc'currence.. 

-3- 
ti. Nearinq "voard Standards and riiidel ines ' 

Tiie Nearino Roard siiall adopt standards and guidelines consistent ylith 

this Rule to assist the chairpzrson or ot,Ier desiqnated member(s) of the 

Hearing Board in deterninine+ whether to n.rant or deny an emergency variance, 

and to assist the Air Pollution Control Officer in the enforcer^ent of this 

Rule. 

I.Definition 

For the purposes of this Rule, a breakdotiin condition means an unforeseeable 

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

operatinq equipnent, aihich causes a violation of any emission limitation 

or restriction orescribed by these rules and regulations, or 5y State law, 

or 2) any in-stack continueus monitoring eauipment, where such failure or 

malfunction 

1. is not the result of neclect or disrerard of ar; air pollution control 

law or rule or reaulation; 

2. is not intentional or the result of nenligence; 

3. is not the result of imnroper maintenance; 

4. does not constitui:e a nuisance; 

5. is not a'recurrent breakdoam of t" same equipment. 

A 

4-