118.01.26.707. Emergency provision
AR ADC 118.01.26.707Arkansas Administrative CodeEffective: December 25, 2021
Effective: December 25, 2021
Ark. Admin. Code 118.01.26.707
Formerly cited as AR ADC 014.01.2-7
118.01.26.707. Emergency provision
(A) An “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include non-compliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.
(B) An emergency constitutes an affirmative defense to an action brought for non-compliance with such technology-based emission limitations if the following conditions are met. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:
Credits
Amended July 29, 2012; Dec. 8, 2012; March 14, 2016; Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.26.707, AR ADC 118.01.26.707
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