SISAPCD RULE 2.12 EQUIPMENT BREAKDOWN          
LAST REVISED 01/01/89          
          
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          RULE 2.12  Equipment Breakdown
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          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 a recurrent breakdown of the same equipment.

          B. Breakdown Procedures
            1.  Any  breakdown condition meeting the qualifications of this
                rule  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/her  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 a regular  business day (8:00
                   a.m. - 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/she  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 a  recurrence.
                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   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 this rule 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.

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