NCUAQMD RULE 1-5-540 EQUIPMENT BREAKDOWN          
LAST REVISED 11/11/11
          
          
          RULE 540 - EQUIPMENT BREAKDOWN

          (a) Breakdown Conditions

              For the purposes of this rule, a breakdown condition means an
              unforeseeable failure or malfunction of 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 
              similar failure of any required instack 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 an abnormally recurrent breakdown of the same
                  equipment.

          (b) Breakdown Procedures

              (1) Any breakdown condition meeting the qualifications of
                  Rule 540(a) shall constitute a violation of any applicable 
                  emission limitation or restriction prescribed by these 
                  rules and regulations; however, the Control Officer may 
                  elect to take no enforcement action if the owner or 
                  operator demonstrates to his satisfaction that a breakdown 
                  condition exists and the following requirements are met:

                  (A) The breakdown is reported to the District Office as 
                      soon as reasonably possible, but no later than 
                      one (1) hour after its detection during normal office 
                      hours (8:30 a.m. to 5:00 p.m.), or one (1) hour after 
                      the start of the next regular business day, whichever 
                      is sooner.

                  (B) The owner or operator takes immediate steps to 
                      minimize the impact of the breakdown and come into 
                      compliance.

                  (C) The breakdown does not interfere with the attainment
                      or maintenance of any national ambient air quality 
                      standard.

              (2) The breakdown shall be logged, investigated and handled to 
                  its final disposition in accordance with uniform District 
                  procedures.

              (3) Upon receipt of notification of a breakdown condition, the
                  Control Officer shall promptly investigate and determine 
                  whether the occurrence constitutes a breakdown condition.  
                  If it is not a breakdown condition, he may take 
                  appropriate enforcement action including, but not limited 
                  to, seeking fines, an abatement order, or an injunction 
                  against further operation.

          (c) Reporting Requirements

              Within ten (10) days after a breakdown occurrence has been
              corrected, the owner or operator shall submit a written report 
              to the Control Officer including, but not limited to, the 
              following details:

              (1) Duration of excessive emissions.

              (2) Estimate of quantity of emissions.

              (3) Statement of the cause of the occurrence.

              (4) Corrective measures to be taken to prevent recurrences.
 
              Documentation of the breakdown condition may be required by 
              the Control Officer.

          (d) 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 Control Officer shall undertake 
              appropriate enforcement action.

          (e) Failure to Comply with Reporting Requirements

              Any failure to comply, or comply in a timely manner, with the
              reporting requirements established in subparagraphs (b)(1)(A) 
              and (c)(1) through (c)(4) of this rule shall constitute a 
              separate violation of this rule.

          (f) False Claiming of Breakdown Occurrence

              It shall constitute a separate violation of this rule for any 
              person to file with the Control Officer a report which 
              falsely, or without probable cause, claims that an occurrence 
              is a breakdown occurrence.

          (g) Extended Breakdown Provisions

              For any occurrence which causes a breakdown condition meeting 
              the requirements of Rule 540(a) and which may persist for 
              longer than twenty-four (24) hours (ninety-six hours for 
              monitoring equipment), the owner or operator may, in lieu of 
              shutdown, obtain an emergency variance as provided in Rule 615.