Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0002 - Air Quality
Chapter 1 - COMMON PROVISIONS
Section 1-5 - Unavoidable equipment malfunction
Universal Citation: WY Code of Rules 1-5
Current through September 21, 2024
(a) Unavoidable Equipment Malfunction.
(i) Any source
believing that any emissions in excess of established regulation limits or
standards resulted from an unavoidable equipment malfunction shall notify the
Division within 24 hours of the incident via telephone, electronic mail, fax,
or other similar method. A detailed description of the circumstances of the
incident as described in paragraph 5(a)(i)(A) of this section, including a
corrective program directed at preventing future such incidents, must be
submitted within 14 days of the onset of the incident.
(A) In the incident report noted above, the
source shall include any relevant evidence, including, but not necessarily
limited to, evidence that (1) there was an equipment malfunction beyond the
reasonable control of the owner or operator; (2) the excess emissions could not
have been avoided by better operation, maintenance or improved design of the
malfunctioning component; (3) to the maximum extent practicable, the source
maintained and operated the air pollution control equipment and process
equipment, in a manner consistent with good practice for minimizing emissions,
including minimizing any bypass emissions; (4) any necessary repairs were made
as quickly as practicable, using off-shift labor and overtime as needed and
possible; (5) all practicable steps were taken to minimize the potential impact
of the excess emissions on ambient air quality; and (6) the excess emissions
are not part of a recurring pattern that may have been caused by inadequate
operation or maintenance, or inadequate design of the malfunctioning
component.
(ii) The
burden of proof is on the owner or operator of the source to provide sufficient
information to demonstrate that an unavoidable equipment malfunction
occurred.
(b) Enforcement Discretion.
(i) The Division may
elect not to pursue enforcement after considering whether excess emissions
resulted from an unavoidable equipment malfunction. The Division will evaluate,
on a case-by-case basis, the information submitted pursuant to paragraph
(a)(i)(A) of this section to determine whether to pursue enforcement action.
The Administrator may extend the 14-day time period for the submission of the
incident report for cause.
Disclaimer: These regulations may not be the most recent version. Wyoming 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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