SIP - ALASKA - 18 AAC 50.240 | Region 10 | US EPA

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SIP - ALASKA - 18 AAC 50.240

18 AAC 50.240. EXCESS EMISSIONS

(a) In an enforcement action, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

(b) Excess emissions determined to be unavoidable under this section will be excused and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherwise specified in the facility's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that the excess emissions could not have been avoided through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that (g) A demonstration under (d), (e), or (f) of this section must be supported by records made at the time the excess emissions occurred.

State effective: 1/18/97; EPA effective: 1/19/99


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URL: http://yosemite.epa.gov/r10/airpage.nsf/SIPs/ALASKA/SIPAlaska50.240

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