SISAPCD RULE 5.7 EMERGENCY VARIANCES           
LAST REVISED 01/01/89          
          
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          RULE 5.7  Emergency Variances
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          An  emergency  variance or series of variances shall be in effect
          until the hearing  to  consider  a request by the applicant for a
          variance  other than an emergency variance,  but  not  to  exceed
          thirty days.

          A.   Upon receipt  of  a  request  for an emergency variance, the
               Control  Officer  shall  contact  the   Hearing  Officer  to
               establish a time and place for consideration of the request.
               The Control Officer shall inform the applicant  of such time
               and place.

          B.   The  applicant  and  Control Officer shall present testimony
               and evidence to the Hearing  Officer.   The  burden of proof
               shall be on the applicant to demonstrate that a breakdown or
               other emergency situation exists.

          C.   In  order to consider the granting of an emergency  variance
               for an  extended  breakdown  situation,  the Hearing Officer
               should determine the causes of the breakdown  and  that  the
               equipment 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.

          D.   After consideration  of  the emergency variance request, the
               Hearing Officer may grant  or  deny  an  emergency variance.
               Within  five  working  days  following  the granting  of  an
               emergency  variance,  a  written  order  shall   be   issued
               confirming the decision, with appropriate findings.

          E.   No  emergency  variance  shall be granted unless the Hearing
               Officer determines that:

               1.   The emergency variance request is caused by a breakdown
                    condition or other emergency  situation  and may not be
                    delayed until a properly noticed hearing.

               2.   Granting  of  the emergency variance will not  cause  a
                    public nuisance.

               3.   Granting of the  emergency  variance will not create an
                    immediate threat or hazard to public health or safety.

               4.   Granting of the emergency variance  will  not interfere
                    with  the  attainment  or  maintenance  of any national
                    ambient air quality standard.

                5.  The requirements for a  variance  set  forth  in   Rule
                    5.6.C.have been met.

          F. At any time  after an emergency variance has been granted, the
             applicant or Control  Officer  may request the Hearing Officer
             to revise, revoke, or further condition the variance and issue
             an  amended  written  order.   All  procedures   shall  be  as
             designated for the original hearing.

          G. An emergency variance shall remain in effect only  as  long as
             necessary to correct the breakdown or emergency condition, but
             not  to exceed the time period required for a properly noticed
             hearing  to  consider  an  interim  or  ninety-day variance in
             accordance with Rule 5.6.D., or thirty days,  whichever is the
             shorter time period.

          H. Within ten days after the date of expiration of  an  emergency
             variance, the applicant shall submit a written report  to  the
             Control  Office  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.

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