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118.01.19-602. Emergency Conditions

AR ADC 118.01.19-602Arkansas 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 118.01.19-602
Formerly cited as AR ADC 014.01.1-6
118.01.19-602. Emergency Conditions
Currentness
An “emergency” means any situation arising from the sudden and reasonably unforeseeable events beyond the control of the source, including natural disasters, 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 upset condition. An emergency shall not include non-compliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.
(A) An emergency constitutes a complete affirmative defense to an action brought for non-compliance with such technology-based limitations if the following conditions are met. The affirmative defense of emergency shall demonstrate through properly signed contemporaneous operating logs, or such other relevant evidence that:
(1) An emergency occurred and that the permittee can identify the cause(s) of the emergency;
(2) The permitted facility was at the time being properly operated;
(3) During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and
(4) The permittee submitted notice of the upset to the Division by the end of the next business day after the emergency. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.
(B) [RESERVED]

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 118.01.19-602, AR ADC 118.01.19-602
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