(Adopted June 18, 1992, Amended December 17, 1992)

1.0 Purpose

This rule defines a breakdown condition and the procedures to follow if one occurs. The corrective action, the issuance of an emergency variance, and the reporting requirements are also specified.

2.0 Applicability

This rule shall apply to any owner or operator of any source operation with any air pollution control equipment or related operating equipment which controls air emissions or any continuous monitoring equipment.

3.0 Definitions

4.0 Criteria for Determining a Breakdown Condition

5.0 Emergency Variance

6.0 Breakdown Procedures

7.0 Reporting Requirements

Within ten (10) days after a breakdown condition has been corrected, the owner or operator shall submit a written report to the APCO which includes:

8.0 Burden of Proof

The burden shall be on the owner or operator 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 APCO shall undertake appropriate enforcement action.

9.0 Failure to Comply with Reporting Requirements

Any failure to comply, or comply in a timely manner, with the reporting requirements established in Sections 6.1, and 7.1 through 7.5 of this rule shall constitute a separate violation of this rule.

10.0 False Claiming of Breakdown Occurrence

It shall constitute a separate violation of this rule for any person to file with the APCO a report which falsely, or without probable cause, claims that an occurrence is a breakdown occurrence.

11.0 Hearing Board Standards and Guidelines

The Hearing Board shall adopt standards and guidelines consistent with this rule to assist the Chairperson or other designated member(s) of the Hearing Board in determining whether to grant or deny any emergency variance, and to assist the in the enforcement of this rule.