SDAPCD RULE 98 BREAKDOWN CONDITIONS: EMERGENCY VARIANCE               
LAST REVISED 05/28/91

               
               RULE 98.   BREAKDOWN CONDITIONS:  EMERGENCY VARIANCE
                           (Effective 4/21/78:  Rev. Effective 5/28/91)

                (a)   DEFINITIONS

                      (1)  For the purposes of this rule, a breakdown 
                condition means an unforeseeable failure or malfunction of 
                either 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; which

                           (i)   is not the result of neglect or disregard of 
                      any air pollution control law or rule or regulation;

                           (ii)  is not intentional or the result of 
                      negligence;

                           (iii) is not the result of improper maintenance;

                           (iv)  does not constitute a nuisance; and

                           (v)   is not a recurrent breakdown of the same
                      equipment.

                      (2)  For the purposes of this rule, negligence means 
                failure to use the care that a prudent person usually 
                exercises.

                      (3)  For the purposes of this rule, improper maintenance
                means not performing normal, regular maintenance.


                (b)   BREAKDOWN PROCEDURES

                      (1)  The owner or operator shall notify the Air 
                Pollution Control Officer of any occurrence which constitutes 
                a breakdown condition; such notification shall identify the 
                time of the start of the occurrence, estimated duration of the 
                occurrence (if known), 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 hour after its detection.  The notification may be by 
                direct phone contact during normal working hours or to the 
                District's message recording phone during nonworking hours.  
                The time of the call must be included in the message.

                      (2)  The Air Pollution Control Officer shall establish
                written procedures and guidelines, including appropriate forms 
                for logging of initial reports, investigation, and enforcement
                followup, to ensure that all reported breakdown occurrences 
                are handled uniformly to final disposition.

                      (3)  Upon receipt of notification pursuant to Subsection
                (b)(1) the Air Pollution Control Officer  shall promptly
                investigate to tentatively determine whether the occurrence
                constitutes a breakdown condition.




                (c)   DISPOSITION OF SHORT-TERM BREAKDOWN CONDITIONS
                      (Rev. Effective 1/12/79)

                      (1)  For 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 
                96 hours), the Air Pollution Control Officer may elect to take 
                no enforcement action if the owner or operator demonstrates to 
                the Air Pollution Control Officer's satisfaction that a 
                breakdown conditions exists and the following requirements are 
                met:

                           (i)   the owner operator submits the notification
                      required by Subsection (b)(1); and

                           (ii)  the owner or operator immediately undertakes
                      appropriate corrective measures and comes into 
                      compliance, or if this is not practicable without loss 
                      of materials or damage to equipment elects to shutdown 
                      before the next production run or with 24 hours, 
                      whichever is sooner (except for continuous monitoring 
                      equipment for which the period shall be 96 hours); in 
                      any event, the owner or operator must take whatever 
                      steps are practicable to minimize the impact of the 
                      breakdown as soon as possible after the breakdown; and

                           (iii) the Air Pollution Control Officer determines 
                      the breakdown does not interfere with the attainment or
                      maintenance of any national or California ambient air
                      quality standard.

                      (2)  An occurrence which constitute a breakdown 
                condition shall not persist longer than the end of the 
                production run or 24 hours, whichever is sooner (except for 
                continuous monitoring equipment, for which the period shall be 
                96 hours), unless the owner or operator has obtained an 
                emergency variance.

                      (3)  For the purposes of this rule production run 
                means any discrete process or operation including, but not 
                limited to, any batch processor bulk delivery.


                (d)   EMERGENCY VARIANCE PROCEDURES FOR BREAKDOWN
                      CONDITIONS  (Rev. Effective 5/28/91)

                      (1)  If the breakdown condition will either require more
                than 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 96 hours) the owner or operator 
                may, in lieu of shutdown, an emergency variance.  A request 
                for emergency variance for a breakdown condition shall be 
                filed with the Clerk of the Hearing Board at the San Diego 
                County Administration Center, Room 402, San Diego, California  
                92101.

                      (2)  No emergency variance for a breakdown condition 
                shall be granted unless the Chairperson or other designated 
                member(s) determines that:

                           (i)   The occurrence constitutes a breakdown 
                      condition,

                           (ii)  continued operation is not likely to create 
                      an immediate threat or hazard to public health or 
                      safety, and

                           (iii) the requirements for a variance set forth in
                      Health and Safety Code Sections 42352 and 42353 have 
                      been met, and

                           (iv)  the continued operation in a breakdown 
                      condition will not interfere with the attainment or 
                      maintenance of any national or California Ambient Air 
                      Quality Standard.

                      (3)  At any time after an emergency variance for a 
                breakdown condition has been granted, the Air Pollution 
                Control Officer may request that the Chairperson or designated 
                member(s) reconsider and revoke, modify or further condition 
                the variance if the Air Pollution Control Officer has good 
                cause to believe that:

                           (i)   continued operation is likely to create an
                      immediate threat or hazard to public health or safety;

                           (ii)  the owner or operator is not complying with 
                      all applicable conditions of the variance;

                           (iii) a breakdown condition no longer exists; or

                           (iv)  final compliance is not being accomplished as
                      expeditiously as practicable.

                      (4)  An emergency variance for a breakdown condition 
                shall remain in effect only for as long as necessary to repair 
                or remedy the breakdown conditions, but in no event after a 
                properly noticed hearing to consider an interim or 90-day 
                variance has been held, or 30 days from the date of the 
                subject occurrence, whichever is sooner.

                (e)   REPORTING REQUIREMENTS

                      (1)  Within one week after breakdown occurrence has been
                corrected, the owner or operator shall submit a written report 
                to the Air Pollution Control Officer which includes:

                           (i)   a statement that the occurrence has been
                      corrected, together with the date of correction, and 
                      proof of compliance which is acceptable to the Air 
                      Pollution Control Officer;

                           (ii)  a specific statement of the reason(s) or 
                      cause(s) for the occurrence sufficient to enable the Air 
                      Pollution Control Officer to determine whether the 
                      occurrence was a breakdown condition;

                           (iii) a description of the corrective measures
                      undertaken and/or to be undertaken to avoid such an
                      occurrence in the future;

                           (iv)  an estimate of the emissions cause by the
                      occurrence; and

                           (v)   permit numbers and serial numbers of the
                      equipment or controls which failed, and pictures of the
                      equipment or controls if available.

                      (2)  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 submitting the report required by 
                this section.


                (f)   ENFORCEMENT

                      (1)  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 Air Pollution Control 
                Officer shall undertake appropriate enforcement action.

                      (2)  Any failure to comply or to comply in a timely 
                manner with the reporting requirements established in 
                Subsections (b)(1) and (e)(1) of this rule shall constitute a 
                separate violation of this rule.

                      (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.

                      (4)  If at any time the Air Pollution Control Officer
                determined that the occurrence does not constitute a breakdown
                condition as defined by this rule, the Air  Pollution Control
                Officer may take appropriate enforcement action, including but 
                not limited to seeking fines, and abatement order, or an 
                injunction against further operation.


                (g)   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 Air Pollution 
           Control Officer in the enforcement of this rule.