PLACER COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 404 - UPSET CONDITION BREAKDOWN SCHEDULED MAINTENANCE
(Adopted 11/12/74; Revised 05/24/77, 06/19/79)
A. DEFINITION
For the purpose 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 limitations 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;
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.
B. 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 cause(s) of the occurrence,
and shall be given as soon as reasonably possible, but
no later than two (2) hours after its detection during
normal APCD business hours.
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.
C. DISPOSITION OF SHORT-TERM BREAKDOWN CONDITIONS
1. An occurrence which constitutes a breakdown condition,
and which persists longer than 48 hours, 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 demonstrates to
his satisfaction that a breakdown condition exists and
the following requirements are met:
a. The owner or operator submits the notification
required by subparagraph (B)(1); and
b. The owner or operator immediately undertakes
appropriate corrective measures and comes into
compliance, or elects to shut down for corrective
measures within 48-hours, (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, (s)he must nonetheless take
whatever steps are possible to minimize the impact
of the breakdown within the 48-hour period.)
2. An occurrence which constitutes a breakdown condition
shall persist no longer than 48-hours, (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.
D. EMERGENCY VARIANCE PROCEDURES.
1. If the breakdown condition will require more than
forty-eight (48) hours to correct, (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 Air Pollution
Control Officer to commence the emergency variance
procedure set forth in subparagraph (D)(2) below.
2. Upon receipt of a request for any emergency variance,
the Air Pollution Control Officer shall contact the
chairperson of the hearing board, or their designated
member(s) of the hearing board, who shall conduct
deliberation 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 on the owner or
operator to establish that a breakdown condition
exists. Thereafter, the chairperson or other such
designated member(s) may, without notice or hearing,
grant or deny an emergency variance. Reasonable
conditions may be included in the variance. The
chairperson or other designated member(s) shall, within
five 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:
a. The occurrence constitutes a breakdown condition;
b. Continued operation is not likely to create a
nuisance, an immediate threat or hazard to public
health or safety; and
c. The requirement for a variance set forth in Health
and Safety Code Sections 42352 and 42353 has been
met.
d. The continued operation in a breakdown condition
will not interfere with the attainment or
maintenance 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:
a. Continued operation is likely to create a
nuisance, an immediate threat, or hazard to public
health or safety; and
b. The owner or operator is not complying with all
applicable conditions of the variance;
c. A breakdown condition no longer exists; or
d. Final compliance is not being accomplished as
expeditiously as practicable.
The procedures set forth in subparagraph (D)(2) shall govern
any further proceedings conducted under this sub-paragraph.
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 occurrence, whichever is sooner.
E. REPORTING REQUIREMENTS.
Within one week after a breakdown occurrence has been
corrected, the owner or operator shall submit a written
report o 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 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;
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 quantity of or detailed description
of emissions caused by the occurrences; and
5. Pictures of the equipment or controls which failed, if
available.
F. 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.
G. FAILURE TO COMPLY WITH REPORTING REQUIREMENTS.
Any failure to comply, or comply in a timely manner, with
the reporting requirement established in subparagraph (B)(1)
and (E)(1) through (E)(5) of this rule shall constitute a
separate violation of this rule.
H. 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.
I. 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.