Section 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 violations that the department determines to be unavoidable under this section are not subject to penalty by the department. 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 stationary source'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 (1) the excess emissions could not have been prevented through careful planning and design; and(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe property damage.(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 (1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;(2) the event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and(3) when the operator knew or should have known that an emission standard or permit condition was being exceeded, the operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the source as necessary to minimize emissions.(g) A demonstration under (d), (e), or (f) of this section must be supported by records made at the time the excess emissions occurred.Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 12/29/2016, Register 220, January 2017Authority:AS 46.03.020
AS 46.14.030
AS 46.14.140
AS 46.14.560