KERN COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 111 - EQUIPMENT BREAKDOWN
(Adopted 4/18/72, Amended 4/25/78, 5/16/78, 5/2/96)
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:
A. The owner or operator submits the notification required by Subparagraph III.A.;
B. The owner or operator immediately undertakes appropriate corrective measures and comes into compliance; and
C. The Air Pollution Control Officer determines that the attainment or maintenance of applicable ambient air quality standards will not be endangered.
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
A. The owner or operator shall notify the 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 no later than one (1) hour after
its detection unless the owner or operator demonstrates, to the satisfaction of the Control Officer, that a longer
reporting period was necessary.
B. The 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.
C. Upon receipt of notification pursuant to Subparagraph III.A., the Control Officer shall promptly investigate and determine whether the occurrence constitutes a breakdown condition. If the Control Officer determines 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.
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:
A. A statement the occurrence has been corrected, together with the date of correction and proof of compliance:
B. A specific statement of the reason(s) or cause(s) for the occurrence sufficient to enable the Control Officer to determine whether the occurrence was a breakdown condition,
C. A description of the corrective measures undertaken and/or to be undertaken to avoid such an occurrence in
the future (the 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);
D. An estimate of the emissions caused by the occurrence; and
E. Pictures of the equipment or control which failed, if available.
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.
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:
A. Is not the result of neglect or disregard of any air pollution control law or Rule or Regulation;
B. Is not intentional or the result of negligence;
C. Is not the result of improper maintenance;
D. Does not constitute a nuisance; and
E. Is not a recurrent breakdown of the same equipment.