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RULE 111 Equipment 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

- ~ i, 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.

~ - 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.

. _ ; ' - • - i. Definition

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- 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; 

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5. ie'not a recurrent breakdown of the aame equipment.