CSR 45-2-9. Start-ups, Shutdowns and Malfunctions

§45-2-9. Start-ups, Shutdowns and Malfunctions. 9.1. The visible emission standards set forth in section 3 shall apply at all times except in periods of start-ups, shutdowns and malfunctions. Where the Director believes that start-ups and shutdowns are excessive in duration and/or frequency, the Director may require an owner or operator to provide a written report demonstrating that such frequent start-ups and shutdowns are necessary. 9.2. At all times, including periods of start-ups, shutdowns and malfunctions, owners and operators shall, to the extent practicable, maintain and operate any fuel burning unit(s) including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Director which may include, but is not limited to, monitoring results, visible emission observations, review of operating and maintenance procedures and inspection of the source. 9.3. The owner or operator of a fuel burning unit(s) subject to this rule shall report to the Director any malfunction of such unit or its air pollution control equipment which results in any excess particulate matter emission rate or excess opacity (i.e., emissions exceeding the standards in section 3 and 4) as provided in one of the following subdivisions: 9.3.a. Excess opacity periods meeting the following conditions may be reported on a quarterly basis unless otherwise required by the Director: 9.3.a.1. The excess opacity period does not exceed thirty (30) minutes within any 24-hour period; and 9.3.a.2. Excess opacity does not exceed 40%. 9.3.b. The owner or operator shall report to the Director any malfunction resulting in excess particulate matter or excess opacity, not meeting the criteria set forth in subdivision 9.3.a, by telephone, telefax, or e-mail by the end of the next business day after becoming aware of such condition. The owner or operator shall file a certified written report concerning the malfunction with the Director within thirty (30) days providing the following information: 9.3.b.1. A detailed explanation of the factors involved or causes of the malfunction; 9.3.b.2. The date and time of duration (with starting and ending times) of the period of excess emissions; 9.3.b.3. An estimate of the mass of excess emissions discharged during the malfunction period; 9.3.b.4. The maximum opacity measured or observed during the malfunction; 9.3.b.5. Immediate remedial actions taken at the time of the malfunction to correct or mitigate the effects of the malfunction; and 9.3.b.6. A detailed explanation of the corrective measures or program that will be implemented to prevent a recurrence of the malfunction and a schedule for such implementation. 9.4. A malfunction, as defined under this rule, constitutes an affirmative defense to an action brought for noncompliance with the weight emission standards under section 4 if the owner or operator demonstrates to the satisfaction of the Director that the requirements of subsections 9.2 and 9.3 have been met. 9.5. In any enforcement proceeding, the owner or operator seeking to establish the occurrence of a malfunction has the burden of proof.