Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-400 - General regulations for air pollution sources › Section 173-400-107 - Excess emissions

Current through Register Vol. 24-14, July 15, 2024
This section is in effect until the effective date of EPA's
				removal of the September 20, 1993, version of this section from the SIP. This
				section is not effective starting on that date.
(1) The owner or operator of a source shall
			 have the burden of proving to ecology or the authority or the decision-making
			 authority in an enforcement action that excess emissions were unavoidable. This
			 demonstration shall be a condition to obtaining relief under subsections (4),
			 (5) and (6) of this section.
(2)
			 Excess emissions determined to be unavoidable under the procedures and criteria
			 in this section shall be excused and not subject to penalty.
(3) Excess emissions which represent a
			 potential threat to human health or safety or which the owner or operator of
			 the source believes to be unavoidable shall be reported to ecology or the
			 authority as soon as possible. Other excess emissions shall be reported within
			 thirty days after the end of the month during which the event occurred or as
			 part of the routine emission monitoring reports. Upon request by ecology or the
			 authority, the owner(s) or operator(s) of the source(s) shall submit a full
			 written report including the known causes, the corrective actions taken, and
			 the preventive measures to be taken to minimize or eliminate the chance of
			 recurrence.
(4) Excess emissions
			 due to startup or shutdown conditions shall be considered unavoidable provided
			 the source reports as required under subsection (3) of this section and
			 adequately demonstrates that the excess emissions could not have been prevented
			 through careful planning and design and if a bypass of control equipment
			 occurs, that such bypass is necessary to prevent loss of life, personal injury,
			 or severe property damage.
(5)
			 Maintenance. Excess emissions due to scheduled maintenance shall be considered
			 unavoidable if the source reports as required under subsection (3) of this
			 section and adequately demonstrates that the excess emissions could not have
			 been avoided through reasonable design, better scheduling for maintenance or
			 through better operation and maintenance practices.
(6) Excess emissions due to a malfunction or
			 upset shall be considered unavoidable provided the source reports as required
			 under subsection (3) of this section and adequately demonstrates that:
(a) The event was not caused by poor or
			 inadequate design, operation, maintenance, or any other reasonably preventable
			 condition;
(b) The event was not of
			 a recurring pattern indicative of inadequate design, operation, or maintenance;
			 and
(c) The operator took immediate
			 and appropriate corrective action in a manner consistent with good air
			 pollution control practice for minimizing emissions during the event, taking
			 into account the total emissions impact of the corrective action, including
			 slowing or shutting down the emission unit as necessary to minimize emissions,
			 when the operator knew or should have known that an emission standard or permit
			 condition was being exceeded.