Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 2 - PERMIT REVIEW RULES
Rule 7 - Part 70 Permit Program
Section 7-16 - Emergency provision
Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 16.
(a) An emergency as defined in section 1(12) of this rule is not an affirmative defense for an action brought for noncompliance with a federal or state health-based emission limitation, except as otherwise provided in this section.
(b) An emergency as defined in section 1(12) of this rule constitutes an affirmative defense to an action brought for noncompliance with a technology-based emission limitation if the affirmative defense of an emergency is demonstrated through properly signed, contemporaneous operating logs or other relevant evidence that describe the following:
(c) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
(d) This emergency provision supersedes 326 IAC 1-6 for sources subject to this rule after the effective date of this rule. This provision is in addition to any emergency or upset provision contained in any applicable requirement.
(e) Failure to notify the commissioner by telephone or facsimile of an emergency lasting more than one (1) hour in compliance with subsection (b)(4) and (b)(5) shall constitute a violation of this rule and any other applicable rules.
(f) The commissioner may require that the preventive maintenance plan required under section 4(c)(9) of this rule be revised in response to an emergency.
(g) Operations may continue during an emergency only if the emergency situation causes a deviation from a technology-based limit. The source may continue to operate the affected emitting facilities during the emergency provided the source immediately takes all reasonable steps to correct the emergency and minimize emissions.