Chapter III, Article II Malfunction

Adopted November 22, 1976

Section 510

The APCO shall use reason and experience to determine if excess emissions resulting from an upset or breakdown are beyond the reasonable control of the source operator and therefore not an enforceable violation of an emissions limitation contained in a permit or rule. Provided all of the following criteria and required actions are met by the source, the APCO shall not pursue an enforcement of excess emissions violation resulting from an upset or breakdown:

  1. The excessive emissions did not result from operator error or improper operating or maintenance procedures;
  2. Steps are immediately taken to correct the condition leading to the excessive emissions and to minimize the emission itself;
  3. The breakdown is reported to the District within one (1) hour and the estimated time for repairs is reported as soon as possible thereafter;
  4. The equipment is operated for no more than twenty-four (24) hours;
  5. All possible steps are taken to minimize the impact of the excess emissions on ambient air quality;
  6. The excess emissions are not part of a recurring pattern indicative of inadequate design, operation or maintenance; and
  7. The excess emissions do not contribute to nor cause the violation of any state or federal ambient air quality standard;
  8. Nor has the District recorded a violation of any state or federal ambient air quality standard during the past year for which any excess emission air pollutant or precursor is excessive; and
  9. A public nuisance or threat to the public health is not likely to, or actually occurs from the excess emissions.

The burden for proving subparagraph A-I shall be upon the source attempting to come under the provisions of this Section.

Section 511: If the equipment will be operated beyond the limitation in Section 510 D, the operator may make written application to the Air Pollution Control Officer to permit the continued operation for a period not to exceed ten (10) days. The Air Pollution Control Officer may permit the continued operation only if he makes all the findings required by Section 42352 of the Health and Safety Code.
Section 512: Nothing in sections 500, 510, or 511 shall be construed to limit EPA enforcement of federally enforceable requirements under the Clean Air Act. Not withstanding Sections 500, 510, 511, or the granting of a variance by the Hearing Board relief from federal enforcement will not be provided unless the "major source permit" has been modified pursuant to Chapter 12.