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118.01.19-601. Upset Conditions

AR ADC 118.01.19-601Arkansas Administrative CodeEffective: May 6, 2022

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 19. Rules of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 6. Upset and Emergency Conditions
Effective: May 6, 2022
Ark. Admin. Code 118.01.19-601
Formerly cited as AR ADC 014.01.1-6
118.01.19-601. Upset Conditions
Currentness
For purposes of Chapter 6 of Rule 19, “upset condition” shall be defined as exceedances of applicable emission limitations lasting thirty (30) or more minutes, in the aggregate, during a twenty-four-hour period, unless otherwise specified in an applicable permit or rule (such as new source performance standards). All upset conditions, resulting in violation of an applicable permit or rule, shall be reported to the Division. Any source exceeding an emission limit established by Rule 19 or applicable permit shall be deemed in violation of Rule 19 or permit and shall be subject to enforcement action. The Division may forego enforcement action for federally regulated air pollutant emissions given that the person responsible for the source of the excess emissions does the following:
(A) Demonstrates to the satisfaction of the Division that the emissions resulted from:
(1) equipment malfunction or upset and are not the result of negligence or improper maintenance; or
(2) physical constraints on the ability of a source to comply with the emission standard, limitation or rate during startup or shutdown;
And that all reasonable measures have been taken to immediately minimize or eliminate the excess emissions.
(B) Reports such occurrence or upset or breakdown of equipment to the Division by the end of the next business day after the discovery of the occurrence.
(C) Submits to the Division, at its request, a full report of such occurrence, including the identification of and location of the process and control equipment involved in the upset and including a statement of all known causes and the scheduling and nature of the actions to be taken to eliminate future occurrences or to minimize the amount by which said limits are exceeded and to reduce the length of time for which said limits are exceeded.

Credits

Amended July 18, 2009; July 29, 2012; Dec. 8, 2012; July 27, 2013; March 14, 2016; Aug. 6, 2020; May 6, 2022.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.19-601, AR ADC 118.01.19-601
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