I t'~ C --?5 

RULE 111Equipment Breakdown 

a. An occurrence which constitutes a breakdoF*n conditionn, and which nersists 

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 (95) hours), shall constitute a violation 

of any applicable emission liraitation or restrictiocs prescribed by 

these rules and regulations; however, no enforcement action may be taken 

provided that the ot,mer or operator demonstrates to the air pollution 

control officer that a breakdown condition exists aud the following 

requirements are met: 

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

2. The owner or operator icmnediately undertakes appropriate corrective 

measures'and comes into compliance. 

.3. The air pollution control officer determines tha:t the attainment 

_ oT maintenance of applicable ambient air quality standards will 

not be endangered. 

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c.Breakdown Procedures 

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1. The owner or operator shall notify the air pollutlon control officer 

of any occurrence which constitutes a breakdom conc:ition; such ~ 

notification shall identify the time, specific location, eQuipment 

involved, and (to tne extent known) the cause(s) of the occurrence, - 

and shall be given as soon as reasonably possible, but no later than 

two (2) hours after its 4etection. 

2. The air pollution control officer shall establish -written procedures _ 

and guidelines, including appropriate forms for bofiging of initial 

reports, inventiFation, and enforcment follorr-up, to ensure that 

all reported breakdown occurrences are handled uniformly to final - 

disposition. 
3. Upon receipt of notification pursuant to subparagraph b.l. the 

air pollution control officer shall promptly investigate nnd determine 

whether the occurrence constitutes a breakdown condition. If the 

air pollution control officer determines that t6e occurrence does 

--__ not constitute a breakdown condi'ion, the air pollution control 

officer may take appropriate enforcement action, including, but not 

_ limited to seeking fines, an abatement order, or an injunction 

against further operation. 

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d. Reporting Requirements 

Within 10 days after a breakdown occurrence has beee corrected, the 

owner or operator shall submit a written report to the air pollution 

control officer which includes: . 

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.reasons(s) or cause(s) from the occurrence 

sufficient to enable the air pollution control officer to determine 

wbether the.occurrence was a breakdown condition. 

3. a description of the corrective measurzs undertaken and/or to be 

undertaken to avoid such an occurrence in the future (the air 

pollution control officer may, at the requrest of the owner or 

operator, for good cause, extend up to 30 days the deadline for 

submitting the description required by this subparagraph); 

y 4. aa estimate of the emissions caused by the occarrence; and ' 

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

e. Burden of Proof ' 

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

sufficient information to demonstrate that a breakdvan did occur. If 

the owner or operator fails to provide sufficient imformation, the air 

. pollution control officer shall undertake appropriata enforcement 

act ion: 

f. Failure to Comply with Reporting Requirements 

Any failure to comply, or comply in a timely nanner, with the reporting 

requirements established in subparPgraphs c.l. and_d_1. through d.5. 

of this rule shall constitute a separate violation jud this rule. 

S. False Claiming of Breakdown Occurrence 

It shall constitute R separate violation of this rule for any person 

to file with the air pollution control officer a'rrpmrt which falsely, 

Or without probable cause, claims that an occurrence is a breakdown 

occurrence. 
h. tiearing Board Standards and Guidelines 

The hearing board shall adopt standards and guidelines consistent 

_ vith this rule to assist the chairperson or other designated member(s) 

of the hearing board in determining whether to grant or deny an 

emergency variance, and to assist the aii pollution control officer 

— in the enforcement of this rule. 

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- i. Definition . ;. . 

- For the purposes 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 5tate law, or 2) any in-stack continuous monitoring equipment, 

where such failure or malfunction 

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

control law or rule 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. ie'not a recurrent breakdown of the aame equipment.