(Adopted: October 8, 1976)

Rule 430

Breakdown Provisions

(a) A person shall report any breakdown which results in a

violation of any rule in Regulation IV to the District

within one hour of such breakdown or within one hour of the

time said person knew or reasonably should have known of its

occurrence. The estimated time for repairs shall be

reported as soon as possible thereafter.

(b) The provisions of any rule in Regulation IV with the

exception of Rule 402 do not apply to any emissions directly

caused by a breakdown of any equipment provided all of the

following criteria are met:

(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 equipment is operated only until the end of a cycle

or twenty-four hours, whichever is sooner, at which

time it shall be shut down for repairs.

The burden of proving the criteria in this subsection

shall be upon the person attempting to come under the

provisions of this rule.

(c) Equipment may be operated beyond the limitation in

subsection (b)(3), provided that a petition for an

emergency variance has been filed with the clerk on the

Hearing Board in accordance with Regulation V. In the

event that the breakdown occurs outside of the normal

District working hours, the intent to file for an

emergency variance shall be transmitted to the District

in the manner and form prescribed by the Air Pollution

Control Officer.