GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 403 - BREAKDOWN
(Adopted 2/18/77; Revised 1/18/79, 6/25/79)

1. Definition: For the purposes of this rule, a breakdown condition means 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 which:
   1. Is not the result of neglect or disregard of any air pollution control law or rule or regulation;
   2. Is not intentional or the result of negligence;
   3. Is not the result of improper maintenance;
   4. Does not constitute a nuisance;
   5. Is not a recurrent breakdown of the same equipment.
2. Breakdown Procedures.
   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 causes of the occurrence, and shall be given as soon as reasonably possible, but no later than one (1) hour after its detection, unless the owner or operator can demonstrate that a longer reporting period is necessary.
   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 subparagraph B(1), 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.
3. Disposition of Short-Term Breakdown Conditions.
   1. An occurrence which constitutes a breakdown condition, and which persists only until the end of the production run or 24-hours, whichever is sooner (except for continuous monitoring equipment, for which the period shall be ninety-six (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 his satisfaction that a breakdown condition exists and the following conditions are met:
      1. The owner or operator submits the notification required by subparagraph B(1); and
      2. The owner or operator immediately undertakes appropriate corrective measures and comes into compliance, or elects to shut down for corrective measures before commencement of the next production run or within 24-hours, whichever is sooner (except for continuous monitoring equipment for which the period shall be ninety-six (96) hours). If the owner or operator elects to shut down rather than come into immediate compliance, the owner or operator 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 the end of the production run or 24-hours, whichever is sooner (except for continuous monitoring equipment, for which the period shall be ninety-six (96) hours), unless the owner or operator has obtained an emergency variance pursuant to Rule 617 (Emergency Variance).
4. 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;
   2. A specific statement of the reasons or causes for the occurrence sufficient to determine whether the occurrence was a breakdown condition.
   3. A description of the corrective measures undertaken and/or to be undertaken 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 subparagraph);
   4. An estimate of the emissions caused by the occurrence; and
   5. Pictures of the equipment or controls which failed, if available.
5. 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.
6. Failure to Comply with Reporting Requirements: Any failure to comply, or comply in a timely manner, with the reporting requirements established in subparagraphs B(1) and D(1) through D(5) of this rule shall constitute a separate violation of this rule.
7. 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 occurrence.
8. Hearing Board Standards and Guidelines: The hearing board shall adopt standards and guidelines consistent with this rule to assist the chairperson or other designated members 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.