RULE 107. BREAKDOWN OR UPSET CONDITIONS AND EMERGENCY VARIANCES

(Adopted 8/2/76; Revised 11/13/84, 3/29/95)

A. Failure to comply with any of the emission limitations or

restrictions prescribed by these Rules and Regulations

occurring as a result of a process upset condition or

breakdown of any air pollution control equipment or

related operating equipment, any in-stack continuous

monitoring equipment, or other emergencies as defined

pursuant to the provisions of this rule, shall constitute

a violation of any such limitations or restrictions.

However, when a breakdown or upset condition exists, the

Air Pollution Control Officer (APCO) may elect to take no

enforcement action if the owner or operator demonstrates

to the APCO's satisfaction that the following requirements

are met:

1. The occurrence is reported to the San Luis Obispo

County Air Pollution Control District as soon as

reasonably possible, but in any case within four (4)

hours after its detection by the owner or operator, or

their agents or employees;

2. The Air Pollution Control Officer verifies the failure

or conditions;

3. Appropriate corrective measures are immediately

undertaken to correct the occurrence or limit its

duration;

4. As soon as the occurrence has been corrected, but no

later than 10 calendar days after the upset or

breakdown, a written report is given to the Air

Pollution Control Officer which includes: (1) a

statement that the occurrence has been corrected and

the date of correction; (2) a description of the

reasons for the occurrence, if known; (3) a

description of the corrective measures, if any,

undertaken to avoid such an occurrence in the future;

and (4) pictures of the equipment or controls which

failed when applicable.

5. Upset conditions, breakdowns and other emergencies

shall be determined in accordance with standards and

guidelines established by the Air Pollution Control

Hearing Board and submitted for approval to the Air

Resources Board of the State of California.

In no event shall any occurrence be deemed to be an upset

condition, breakdown or other emergency covered by this

Rule 107 when such occurrence: is the foreseeable result

of gross neglect or of the willful disregard of any

applicable air pollution laws, rules or regulations; or is

the result of an intentional or negligent act or omission

on the part of the owner or operator; or which results

from the gross neglect or willful failure to properly

maintain equipment; or constitutes a nuisance as defined

in these Regulations.

B. If the operation is not to be shut down and if the

breakdown, upset condition, or other emergency will

require more than forty-eight (48) hours to correct, the

emergency variance procedure shall be commenced. This

procedure shall be as follows:

1. If the Air Pollution Control Officer or his designee

shall first determine that continued operation is not

likely to create an immediate hazard to health or

safety, then he shall attempt to contact the Chairman

of the Hearing Board, or the Vice-Chairman of the said

Hearing Board if the Chairman is unavailable; and if

both are unavailable he shall attempt to contact the

remaining three members, so that a special meeting of

the Hearing Board may be called at the earliest

possible time, with such notice to be given as is

required by law.

2. If the Air Pollution Control Officer or his designee

shall have good cause to believe that continued

operations are likely to create an immediate hazard to

health and safety, he shall forthwith take such steps

as he deems reasonable and as are permitted by law to

prevent such hazard and the emergency variance

procedures of this Rule 107 shall be suspended and not

commenced or recommenced until such hazard no longer

exists.

3. If the said Hearing Board determines that an upset

condition, breakdown or other emergency exists as the

same are defined in paragraph A.5 of this Rule, it may

grant an emergency variance, which shall be valid only

until the upset condition, breakdown or other emergency

no longer exists or for a period of fifteen (15)

working days, whichever occurs sooner, except that as

provided by State law, the filing of a request for a

variance during the time the emergency variance is

valid, shall automatically extend the term of the

emergency variance until the date when the said Hearing

Board determines whether or not to grant such variance.

In no event, however, shall an emergency variance

continue for more than thirty (30) days.

SLOAPCD RULE 107 BRKDWN. OR UPSET COND. & EMERG. VARIANCES

LAST REVISED 11/13/84



RULE 107. BREAKDOWN OR UPSET CONDITIONS AND EMERGENCY VARIANCES

(Revised 11/13/84)

A. Failure to comply with any of the emission limitations or

restrictions prescribed by these Rules and Regulations

occurring as a result of a process upset condition or

breakdown of any air pollution control equipment or related

operating equipment, or other emergencies as defined

pursuant to the provisions of this rule, shall not

constitute a violation of any such limitations or

restrictions, provided that:

1. The occurrence is reported to the San Luis Obispo

County Air Pollution Control District as soon as

reasonably possible, but in any case within one (1)

hour after the start of the next regular business day;

2. The Air Pollution Control Officer verifies the failure

or conditions;

3. Appropriate corrective measures are immediately

undertaken to correct the occurrence or limit its

duration;

4. As soon as the occurrence has been corrected, a

written report is given to the Air Pollution Control

Officer which includes: (1) a statement that the

occurrence has been corrected and the date of

correction; (2) a description of the reasons for the

occurrence, if known; (3) a description of the

corrective measures, if any, undertaken to avoid such

an occurrence in the future; and (4) pictures of the

equipment or controls which failed when applicable.

5. Upset conditions, breakdowns and other emergencies

shall be determined in accordance with standards and

guidelines established by the Air Pollution Control

Hearing Board and submitted for approval to the Air

Resources Board of the State of California.

In no event shall any occurrence be deemed to be an upset

condition, breakdown or other emergency covered by this

Rule 107 nor entitled to any relief under this Rule 107

when such occurrence is the foreseeable result of gross

neglect or of the willful disregard of any applicable air

pollution laws, rules or regulations, or which results from

the gross neglect or willful failure to properly maintain

equipment.

B. If the operation is not to be shut down and if the

breakdown, upset condition, or other emergency will require

more than forty-eight (48) hours to correct, the emergency

variance procedure shall be commenced. This procedure

shall be as follows:

1. If the Air Pollution Control Officer or his designee

shall first determine that continued operation is not

likely to create an immediate hazard to health or

safety, then he shall attempt to contact the Chairman

of the Hearing Board, or the Vice-Chairman of the said

Hearing Board if the Chairman is unavailable; and if

both are unavailable he shall attempt to contact the

remaining three members, so that a special meeting of

the Hearing Board may be called at the earliest

possible time, with such notice to be given as is

required by law.

2. If the Air Pollution Control Officer or his designee

shall have good cause to believe that continued

operations are likely to create an immediate hazard to

health and safety, he shall forthwith take such steps

as he deems reasonable and as are permitted by law to

prevent such hazard and the emergency variance

procedures of this Rule 107 shall be suspended and not

commenced or recommenced until such hazard no longer

exists.

3. If the said Hearing Board determines that an upset

condition, breakdown or other emergency exists as the

same are defined in paragraph A.5 of this Rule, it may

grant an emergency variance, which shall be valid only

until the upset condition, breakdown or other

emergency no longer exists or for a period of fifteen

(15) working days, whichever occurs sooner, except

that as provided by State law, the filing of a request

for a variance during the time the emergency variance

is valid, shall automatically extend the term of the

emergency variance until the date when the said

Hearing Board determines whether or not to grant such

variance. In no event, however, shall an emergency

variance continue for more than thirty (30) days.