AMADOR COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 516 - BREAKDOWN CONDITIONS

A. Breakdown Procedure.

1. 1. The owner or operator shall notify the Air Pollution Control Officer of any occurrence which constitutes a breakdown condition. Such notification shall identify the time, specific location, equipment involved, and (to the extent known) the cause(s) of the occurrence, and shall be given as soon as reasonably possible, but not later than two (2) hours after its detection.
      
      
   2. The above information must be submitted on District provided forms, or the equivalent, no later than 24 hours after the owner or operator detected the occurrence, or if the occurrence occurs on a weekend or holiday, by the end of the next business day.
      
      
2. The Air Pollution Control Officer shall establish written procedures and guidelines, including appropriate forms for logging of initial reports, investigation, and enforcement follow up, to ensure that all reported breakdown occurrences are handled uniformly to final disposition.
   
   
3. Upon receipt of notification pursuant to subsection A.1. above, the Air Pollution Control Officer shall promptly investigate and determine whether the occurrence constitutes a breakdown condition. If the Air Pollution Control Officer determines that the occurrence does not constitute a breakdown condition, 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. The Air Pollution Control Officer may take into account "acts of God," which are beyond the control of the facility, as a legitimate cause of a breakdown or malfunction. The Air Pollution Control Officer will review breakdowns and malfunctions caused by "acts of God" on a case by case basis provided the facility offers full cooperation in proper documentation of the breakdown or malfunction.
   
   
4. A breakdown condition is defined as 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 State 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; and
      
      
   2. Is not intentional or the result of negligence; and
      
      
   3. Is not the result of improper maintenance; and
      
      
   4. Does not constitute a nuisance; and
      
      
   5. Is not a recurrent breakdown or malfunction of the same equipment.
      
      
5. Code of Federal Regulations 40, Part 60, § 60.2 defines a malfunction as any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner.

B. Disposition of Short-Term Breakdown Conditions.

1. An occurrence which constitutes a breakdown condition, and which persists longer than 24 hours after the facility detects the occurrence, except for continuous monitoring equipment for which the period shall be 96 hours, shall constitute a violation of any applicable emission limitation or restriction prescribed by these Rules and Regulations; however, the Air Pollution Control Officer may elect to take no enforcement action if the owner or operator demonstrates to the Air Pollution Control Officer's satisfaction that a breakdown exists and the following requirements are met:
   
   
   1. The owner or operator submits the notification required by subsection A.1. above; and
      
      
   2. The owner or operator immediately undertakes appropriate corrective measures and comes into compliance, or elects to shutdown for corrective measures within 24 hours, except for continuous monitoring equipment for which the period shall be 96 hours. If the owner or operator elects to shut down rather than come into compliance, he must nonetheless take whatever steps are possible to minimize the impact of the breakdown within the 24-hour period; and
      
      
   3. The breakdown does not interfere with the attainment and maintenance of any national ambient air quality standard.
      
      
2. An occurrence which constitutes a breakdown condition shall not persist longer than 24 hours, except for continuous monitoring equipment for which the period shall be 96 hours, unless the owner or operator has requested the Air Pollution Control Officer to commence the emergency variance procedure.

C. Emergency Variance Procedures.

1. If the breakdown condition will require more than 24 hours to correct, except for continuous monitoring equipment for which the period shall be 96 hours, the owner or operator may, in lieu of a shutdown, request the Air Pollution Control Officer to commence the emergency variance procedure set forth in subsection C.2. below.
   
   
2. Upon receipt of a request for an emergency variance, the Air Pollution Control Officer shall contact the chairperson of the Hearing Board, or designated member(s) of the Hearing Board, who shall conduct deliberations for consideration of the request. The Air Pollution Control Officer shall inform the owner or operator of the source of such deliberation. During consideration of the emergency variance, the Air Pollution Control Officer shall recommend whether any emergency variance should be granted, and the owner or operator of the source shall be entitled to present relevant information or data applicable to the breakdown. The burden shall be in the owner or operator to establish that a breakdown condition exists. Thereafter, the chairperson or other designated member(s) may, without notice or hearing, grant or deny an emergency variance. The chairperson or other designated member(s) shall, within five (5) working days, issue a written order, confirming the decision, with appropriate findings.
   
   
3. No emergency variance shall be granted unless the chairperson or other designated member(s) determines that:
   
   
   1. The occurrence constitutes a breakdown condition; and
      
      
   2. Continued operation is not likely to create a nuisance, an immediate threat, or hazard to public health or safety; and
      
      
   3. The requirements for a variance set forth in Health and Safety Code Sections 42352 and 42353 have been met; and
      
      
   4. The continued operation in a breakdown condition will not interfere with the attainment of the national ambient air quality standards.
      
      
4. At any time after an emergency variance has been granted the Air Pollution Control Officer may request that the chairperson or designated member(s) reconsider and revoke, modify, or further condition the variance if the Air Pollution Control Officer has good cause to believe that:
   
   
   1. Continued operation is likely to create a nuisance, an immediate threat, or hazard to public health or safety; or
      
      
   2. The owner or operator is not complying with all applicable conditions of the variance; or
      
      
   3. A breakdown condition no longer exists; or
      
      
   4. Final compliance is not being accomplished as expeditiously as practicable.
      
      
   
   The procedures set forth in subsection C.2. above shall govern any proceedings conducted under this subsection.
5. An emergency variance shall remain in effect only for as long as necessary to repair or remedy the breakdown condition, but in no event after a regularly noticed hearing to consider an interim or 90 day variance has been held, or fifteen (15) days from the date of the subject notice, whichever is sooner.

D. Reporting Requirements. Within one week after a breakdown occurrence has been 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; and
   
   
2. A specific statement of the reason(s) or cause(s) for the occurrence sufficient to enable the Air Pollution Control Officer to determine whether the occurrence was a breakdown condition; and
   
   
3. A description of the corrective measures undertaken and/or to be taken to avoid such an occurrence in the future. The Air Pollution Control Officer may, at the request of the owner or operator, for good cause, extend up to 30 days the deadline for submitting the description required by this subsection; and
   
   
4. An estimate of the quantity of, or detailed description of emissions caused by the occurrence; and
   
   
5. Pictures of the equipment or control 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 breakdown did occur. If the owner or operator fails to provide sufficient information, the Air Pollution Control Officer shall undertake appropriate enforcement action.

F. Failure to Comply with Reporting Requirements. Any failure to comply, or to comply in a timely manner, with the reporting requirement established in subsection A.1. and D.1. through D.5. of this Rule shall constitute a separate violation of this Rule.

G. False Claiming of Breakdown Occurrence. It shall constitute a separate violation of this Rule for any person to file with the Air Pollution Control Officer a report which falsely, or without probable cause, claims that an occurrence is a breakdown.

H. 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 an emergency variance, and to assist the Air Pollution Control Officer in the enforcement of this Rule.