Section 326IAC1-6-2. Records; notice of malfunction

   (a) A record shall be kept of all malfunctions, including startups or shutdowns of any facility or emission control equipment which result in violations of applicable air pollution control regulations or applicable emission limitations and such records shall be retained for a period of three (3) years and shall be made available to the commissioner upon request. When a malfunction of any facility or emission control equipment occurs which lasts more than one (1) hour, said condition shall be reported to the commissioner or his appointed representative. Notification shall be made by telephone or telegraph, as soon as practicable, but in no event later than four (4) daytime business hours after the beginning of said occurrence. Failure to report a malfunction of any emission control equipment subject to the requirements of this rule (326 IAC 1-6) shall constitute a violation of this rule (326 IAC 1-6) and any other applicable rules. Information of the scope and expected duration of the malfunction shall be provided including the following:

(1) Identification of the specific emission control device to be taken out of service, as well as the location and permit number of such equipment.

(2) The expected length of time that the emission control equipment will be out of service.

(3) The nature and quantity of emissions of air contaminants likely to occur during the shutdown period.

(4) Any measures such as the use of off-shift labor on equipment that will be utilized to minimize the length of the shutdown period.

(5) Any reasons that shutdown of the facility operation during the maintenance period would be impossible for the following reason:

(A) continued operation is required to provide essential services, provided, however, that continued operation solely for the economic benefit of the owner or operator shall not be sufficient reason;

(B) continued operation is necessary to prevent injury to persons or severe damage to equipment.

(6) A demonstration that interim control measures have reduced or will reduce emissions from the facility during the shutdown period.

(Air Pollution Control Division; 326 IAC 1-6-2; filed Mar 10, 1988, 1:20 pm: 11 IR 2380; errata, 11 IR 2632)