R18-2-310. Affirmative Defenses for Exce s Emis ions Due to )\lalfunctionc tartu}l and Shutdown 

A.Applicability 

This rule establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies 

to all emission standards or limitations except for standards or limitations: 

1. Promul ag ted pursuant to Sections 111 or 112 of the Act 

2. Promul ated pursuant to Titles IV or VI of the Clean Air Act 

3. Contained in anv Prevention of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the 

U.S. E.P.A.. 

4. Contained in R18-2-715(F), o 

5. Included in a permit to meet the requirements of R 18-2-406(A)(5) 

B.Affirmative Defense for Malfunctions 

Emissions in excess of an applicable emission liinitation due to rnalfunction shall constitute a violation The owner or 

operator of a source with emissions in excess of an applicable einission limitation due to m3lftinction has an affinnative 

defense to a civil or administrative enforcement proceeding based on that violation other than a judicial action seeking 

intunctive relief. if the owner or operator of the source has complied witl ~ the reporting requirements of R18-2-3 10 01 and 

has demonstrated all of the followine: 

1. The exc_ess-emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator; 

2. The air pollution control equipment process equipment or procecses were at all times maintained and operated in a 

manner consistent wiEh good practice for minimizin@ emissions 

1. If renairs were reauired the repairs were made in an expeditious fashion when the applicable emission limitations 

were beine exceeded. Off-shift labor and overtime were utilized where practicable to insure that the repairs were 

made as exvedtttouslv as possible. If off-shift labor and overtime were not utilized the owner or operator satisfacto 

rilv demonstrated that the measures were impracticable 

4. The amount and duration of the excess emissions (including any bxpass operation) were minimized to the maximum 

extent practicable durtng periods of such emissions: 

5. A11 reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; ~ 

6. The excess emissions were not part of a recun•ine pattern indicative of inadequate design operation or maintenance 

7. Durine the period of excess emissions there were no exceedances of the relevant ambient air quality standards estab 

hshed in Article 2 of this Chapter that could be attributed to the emitting source• 

8. The excess emissions did not stem from anv activity or event that could have been foreseen and avoided or planned 

and could not have been avoided bv better operations and maintenance practices• 

9. A11 emissions monitoring svstems were kept in operation if at all practicable; and 

10. The owner or operator's actions in response to the excess emissions were documented by contempor•ineous records 

C.Affirmative Defense for Startup and Shutdown 

1. Except as provided in subsection (C)(2) and unless othenvise provided for in the applicable requirentent emissions 

in excess of an anplicable emission limitation due to startup and shutdown shall constitute a violation The owner or 

operator of a source with emissions in excess of an applicable emission limitation due to startup and shutdow n has an 

affirmative defense to a civil or adnlinistrative enforcement proceeding based on that violation other than a judicial 

action seeking injunetive relief , if the owner or operator of the source has complied with the reporting requirenients 

of R18-2-310.01 and has demonstrated all of the followin • 

a. The excess emissions could not have been prevented through careful and prudent planning and desi n• 

b. If the excess emissions were the result of a bvpass of control equipment the bYpass was unavoidable to prevent 

loss of life, personal injury, or severe damage to air pollution control equipment production equiptnent or other 

proerty; 

C. The source's air pollution control equipment process equipment or processes were at 111 times maintained and 

operated in ainanner consistdnt with good practice for minimizing emissions• 

d. The amount and duration of the excess emissions (including any bypass operation) were ininimized to the maximum extent practicable during periods of such emissions• 

e. All reasonable steps were taken to minimize the impact of the excess emissions on ainbient air g uality: 

fDuring the period of excess emissions there were no exceedances of the relevant ambient air quality standards 

established in Article 2 of this Chapter that could be attributed to the emitting source• 

g. A11 emissions monitoring systems were kept in operation if at all practicable• and 

h. The owner or operator's actions in response to the excess etnissions were docuwnented by contempor3neous 

records. 

2.If excess emissions occur due to a malfunction during routine startup and shutdown then tho5e instances shaI1 be 

treated as other malfunctions subject to subsection (B). 

D.Affirmative Defense for Malfunctions During Scheduled Maintenance 

If excess emissions occur due to a malfunction during scheduled maintenance then those instances will be treated as other 

malfunctions subject to subsection (B). 

E. Demonstration of Reasonable and Practicable Measures 

For an affirmative defense under subsection (B) or (C), the owner or operator of the source shall demonstrate through 

submission of the data and information required bv this Section and R18-2-310 Ol that all reasonable and practicable 

measures within the owner or operator's control were implemented to prevent the occtirrence of the excess emissions. 

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