KERN COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 111 - EQUIPMENT BREAKDOWN
(Adopted 4/18/72, Amended 4/25/78, 5/16/78, 5/2/96)

I. Breakdown

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, no enforcement action may be taken provided the owner or operator demonstrates to the Control Officer that a breakdown condition exists and the following requirements are met:

II. Breakdown Duration

An occurrence which constitutes a breakdown condition shall not persist longer than the end of 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.

If the breakdown condition will either require more than twenty-four (24) hours to correct or persist longer than the end of the production run (except for continuous monitoring equipment, for which the period shall be ninety-six (96) hours), the owner or operator may, in lieu of shutdown, request the Control Officer to commence the emergency variance procedure set forth in Rule 519.

III. Breakdown Procedures

IV. Reporting Requirements

Within 10 days after a breakdown occurrence has been corrected, the owner or operator shall submit a written report to the Control Officer including:

V. Burden of Proof

The burden shall be on the owner or operator of the source to provide sufficient information to demonstrate a breakdown did occur. If the owner or operator fails to provide sufficient information, the Control Officer shall undertake appropriate enforcement action.

VI. Failure to Comply with Reporting Requirements

Any failure to comply, or comply in a timely manner, with the reporting requirements established in Subparagraphs III.A. and IV.A. through IV.E. of this Rule shall constitute a separate violation of this Rule.

VII. 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.

VIII.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 Control Officer in the enforcement of this Rule.

IX. 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, where such failure or malfunction: