SACAQMD RULE 602 BREAKDOWN CONDITIONS: EMERGENCY VARIANCE          
LAST REVISED 12/06/78          

          SACRAMENTO METROPOLITAN AQMD                RULES AND REGULATIONS
                        RULE 602 BREAKDOWN CONDITIONS: EMERGENCY VARIANCE
                                          Adopted 8-1-62
                                        (Amended 12-6-78)

                                              INDEX

          100 GENERAL
              101  PURPOSE

          200 DEFINITIONS
              201  BREAKDOWN CONDITION

          300 STANDARDS
              301  BREAKDOWN PROCEDURES
              302  DISPOSITION OF SHORT-TERM BREAKDOWN CONDITIONS
              303  EMERGENCY VARIANCE
              304  EMERGENCY VARIANCE PROCEDURE

          400 ADMINISTRATIVE REQUIREMENTS
              401  REPORTING REQUIREMENTS
              402  HEARING BOARD STANDARDS

          500 MONITORING AND RECORDS (NOT INCLUDED)
          
          100 GENERAL

              101  PURPOSE:   To  specify  conditions  and  procedures  for
                   breakdowns and emergency variances.

          200 DEFINITIONS

              201  BREAKDOWN   CONDITION:    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:
                   201.1   Is not the result of neglect or disregard of any
                           pollution control law or Rule or Regulation;
                   201.2   Is not intentional or the result of negligence;
                   201.3   Is not the result of improper maintenance;
                   201.4   Does not constitute a public nuisance;
                   201.5   Is   not  a  recurrent  breakdown  of  the  same
                           equipment.

          300 STANDARDS

              301  BREAKDOWN PROCEDURES
                   301.1   A person  shall notify the Air Pollution Control
                           Officer of  any  occurrence  which constitutes a
                           breakdown   condition  as  soon  as   reasonably
                           possibly, but  no  later than one hour after its
                           detection. If the breakdown  occurs when the Air
                           Pollution Control Officer cannot  be  contacted,
                           the  report  of  breakdown shall be made at  the
                           commencement of the next regular working day.
                   301.2   The  notification  shall   identify   the  time,
                           specific  location, equipment involved,  and  to
                           the extent known the cause(s) of the occurrence.
                   301.3   Upon notification  of  the  breakdown condition,
                           the   Air   Pollution   Control  Officer   shall
                           investigate   the   breakdown    condition    in
                           accordance  with  uniform written procedures and
                           guidelines  relating   to   logging  of  initial
                           reports on appropriate forms, investigation, and
                           enforcement  follow-up. If the  occurrence  does
                           not constitute  a  breakdown  condition, the Air
                           Pollution  Control Officer may take  appropriate
                           enforcement action.

              302  DISPOSITION OF SHORT-TERM BREAKDOWN CONDITIONS
                   302.1   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  air  pollution
                           monitoring equipment, for which the period shall
                           be 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
                           or  operator  demonstrates  to his  satisfaction
                           that  a  breakdown  condition  exists   and  the
                           following requirements are met:
                           a.  The  notification required in Section  301.1
                               is made; and
                           b.  Immediate  appropriate  corrective  measures
                               are  undertaken  and compliance is achieved,
                               or the process is  shutdown  for  corrective
                               measures  before  commencement  of the  next
                               production run or within 24 hours, whichever
                               is   sooner   (except  for  continuous   air
                               pollution monitoring equipment for which the
                               period shall be  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 24 hour period; and
                           c.  The  breakdown does not interfere  with  the
                               attainment  and  maintenance of any national
                               ambient air quality standard.
                   302.2   An  occurrence  which  constitutes  a  breakdown
                           condition shall not persist  longer than the end
                           of the production run or 24 hours,  whichever is
                           sooner  (except  for  continuous  air  pollution
                           monitoring equipment, for which the period shall
                           be  96 hours), unless an emergency variance  has
                           been obtained.

              303  EMERGENCY VARIANCE:   If  the  breakdown  condition will
                   either require more than 24 hours to correct or persists
                   longer  than  the end of the production run (except  for
                   continuous air pollution monitoring equipment, for which
                   the period shall be 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 Section 304.

              304  EMERGENCY VARIANCE PROCEDURE:
                   304.1   Upon  receipt  of  a request  for  an  emergency
                           variance,  the  Air  Pollution  Control  Officer
                           shall  contact the chairperson  of  the  Hearing
                           Board  or  other  designated  member(s)  of  the
                           Hearing Board, to establish a time and place for
                           consideration  of the request. The Air Pollution
                           Control  Officer   shall  inform  the  owner  or
                           operator of the source  of  such time and place.
                           During consideration of the emergency  variance,
                           the   Air   Pollution   Control   Officer  shall
                           recommend  whether an emergency variance  should
                           be granted.  The owner or operator of the source
                           shall  be  entitled  to  present  testimony  and
                           evidence at  the hearing. The burden shall be on
                           the  owner  or  operator  to  establish  that  a
                           breakdown  condition   exists.  Thereafter,  the
                           chairperson or other designated  member(s)  may,
                           without  notice  of  hearing,  grant  or deny an
                           emergency variance. Reasonable conditions may be
                           included   in  the  variance.  A  written  order
                           confirming  the   decision,   with   appropriate
                           findings, shall be issued within five days.
                   304.2   No  emergency  variance shall be granted  unless
                           the chairperson  or  other  designated member(s)
                           finds that:
                           a.  The  occurrence  constitutes   a   breakdown
                               condition;
                           b.  Continued operation is not likely to  create
                               an  immediate  threat  or  hazard  to public
                               health or safety; and
                           c.  The requirements for a variance set forth in
                               Health  &  Safety  Code  Sections 42352  and
                               42353 have 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.
                   304.3   At any time after an emergency variance has been
                           granted,  the Air Pollution Control Officer  may
                           request for  good  cause that the chairperson or
                           designated  member(s)   reconsider  and  revoke,
                           modify or further condition  the  variance.  The
                           procedures  set  forth  in  Section  304.1 shall
                           govern  any further proceedings conducted  under
                           this section.
                   304.4   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 properly noticed hearing to  consider an
                           interim or 90 day variance has been held,  or 15
                           days  from  the  date of the subject occurrence,
                           whichever is sooner.

          400 ADMINISTRATIVE REQUIREMENTS

              401  REPORTING  REQUIREMENTS:   Within   one   week  after  a
                   breakdown  condition  has been corrected, the  owner  or
                   operator  shall  submit a  written  report  to  the  Air
                   Pollution Control  Officer  on forms supplied by the Air
                   Pollution Control Officer describing  the  causes of the
                   breakdown,    corrective   measures   taken,   estimated
                   emissions during  the breakdown and a statement that the
                   condition has been  corrected, together with the date of
                   correction and proof  of  compliance.  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  submittal  of the report described in this
                   subsection.
                   401.1   The burden of proof  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.
                   401.2   Any failure  to  comply,  or  comply in a timely
                           manner,    with   the   reporting   requirements
                           established  in  Sections  301.1  and 401 of the
                           rule  shall  constitute a separate violation  of
                           this rule.
                   401.3   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 condition.

              402  HEARING BOARD STANDARDS:  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.