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.