326 IAC 1-6-5 Excessive malfunctions; department actions

Sec. 5. The commissioner may consider the following guidance in determining cases of excessive malfunctions: (1) If records show that repeated malfunctions exceed five percent (5%) of the normal operational time for any one (1) control device or combustion or process equipment, the commissioner may require that the maintenance program be improved or that the defective or faulty equipment or emission control device be replaced. (2) The commissioner may require curtailment of operation of an emission unit if the owner or operator of the emission unit and emission control device cannot demonstrate that for the most recent twelve (12) month period the emission unit and the emission control device have operated in compliance with the applicable rules at least ninety-five percent (95%) of the operating time of the equipment.