MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 214 - BREAKDOWN CONDITION
(Adopted September 1, 1974; Revised December 13, 1984 and March 21, 2001)

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References

PART 2 DEFINITIONS

2.1 Breakdown Condition

PART 3 REQUIREMENTS

3.1 Breakdown Procedures

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 Reporting Requirements

PART 1 GENERAL


1.1 Purpose

The purpose of this Rule is to specify conditions and procedures for breakdowns.

1.2 Applicability

The provisions of this Rule shall apply to any breakdown which results in a violation of any State law, District Regulation, permit, or Hearing Board order.

1.3 Exemptions

Reserved

1.4 Effective Dates

This Rule has been in effect since September 1, 1974. The Rule in its present form is effective on March 21, 2001.

1.5 References

The requirements of this Rule arise from the provisions of the California Health and Safety Code 40702.

PART 2 DEFINITIONS


2.1 Breakdown Condition

An unforeseeable equipment malfunction or failure which:

2.1.1 is not the result of neglect or disregard of any air pollution control law, rule permit or order;

2.1.2 is not intentional or the result of negligence, or improper maintenance;

2.1.3 is not a recurrent breakdown of the same equipment; and,

2.1.4 does not constitute a nuisance as defined in District Rule 402 or California Health and Safety Code, Section 41700.

PART 3 REQUIREMENTS


3.1 Breakdown Procedures

Where a breakdown condition results in the inability to comply with any emission standard or operational requirement imposed by State law, District Regulation, permit, or Hearing Board order, the District may elect to take no enforcement action if the owner or operator demonstrates that a breakdown condition was the cause of the noncompliance and meets the following requirements:

3.1.1 the occurrence is reported to the District within one hour or within one hour of the time the owner or operator knew, or reasonably should have known, of its occurrence;

3.1.2 appropriate corrective measures are immediately undertaken to correct the occurrence and limit its duration;

3.1.3 the estimated time required for repair is reported to the District within 24 hours after the occurrence; and,

3.1.4 the equipment is operated only as specified below, after which time it shall be shut down for repairs unless the owner or operator has obtained a variance.

3.1.4.1 until the end of the run or 24 hours, whichever is sooner; or

3.1.4.2 for a period not to exceed 96 hours if the breakdown is for the continuous emissions monitoring equipment.

PART 4 ADMINISTRATIVE REQUIREMENTS


4.1 Reporting Requirements

Within five working days after the occurrence has been corrected shall be submitted to the District which includes at least the following information:

4.1.1 what corrective action was taken to remedy the breakdown condition and when it was complete;

4.1.2 the cause(s) of the occurrence;

4.1.3 the corrective measures undertaken to avoid such an occurrence in the future; and,

4.1.4 an estimate of the emissions caused by the breakdown condition or failure.

* * * * *