Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 80 - PERMITS FOR STATIONARY SOURCES
Part II - Emission Standards
Article 3 - Federal Operating Permits for Acid Rain Sources
Section 9VAC5-80-650 - Malfunction
Universal Citation: 9 VA Admin Code 9VAC5-80-650
Current through Register Vol. 41, No. 3, September 23, 2024
A. In the event of a malfunction, the owner may demonstrate that the conditions of subsection B of this section are met.
B. The permittee may, through properly signed, contemporaneous operating logs, or other relevant evidence, show the following:
1. A malfunction occurred and the
permittee can identify the cause or causes of the malfunction.
2. The permitted facility was at the time
being properly operated.
3. During
the period of the malfunction the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emission standards, or other
requirements in the permit.
4. The
permittee notified the department of the malfunction within two working days
following the time when the emission limitations were exceeded due to the
malfunction. This notification should include a description of the malfunction,
any steps taken to mitigate emissions, and corrective actions taken. The
notification may be delivered either orally or in writing by any method that
allows the permittee to comply with the deadline. This notification fulfills
the requirements of
9VAC5-80-490 F 2 b
to report promptly deviations from permit requirements. This notification does
not release the permittee from the malfunction reporting requirements under
9VAC5-20-180
C.
C. In any enforcement proceeding, the permittee seeking to establish the occurrence of a malfunction shall have the burden of proof.
D. The provisions of this section are in addition to any malfunction, emergency or upset provision contained in any applicable requirement.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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