KERAPCD RULE 111 EQUIPMENT BREAKDOWN          
LAST REVISED 05/16/78
          
          
          RULE 111 Equipment Breakdown - Adopted 4/18/72,
                   Amended 4/25/78, 5/16/78

          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:

                A.  The owner or operator submits the notification required
                    by Subparagraph III.A.; and

                B.  The owner or operator immediately undertakes
                    appropriate corrective measures and comes into
                    compliance;

                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.

          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:

                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.