(a) An emergency constitutes an affirmative defense to any action brought for noncompliance with any technology-based emission limitation, if it can be demonstrated to the executive secretary through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An emergency occurred and the owner or operator of the air pollution emission source can identify the cause or causes of the emergency;
(2) the permitted facility was at the time being properly operated;
(3) During the period of the emergency, the owner or operator of the air pollution emission source took all reasonable steps to minimize levels of emission that exceeded the emission limitations or other requirements in the stationary air pollution source permit; and
(4) The owner or operator of the air pollution emission source submitted notice of the emergency to the executive secretary within two working days of the time when emission limitations were exceeded due to the emergency. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. Such notice shall satisfy the prompt reporting of deviations pursuant to section 24.0506;
(b) In any proceedings for enforcement action, the owner or operator of the air pollution emission source seeking to establish the occurrence of an emergency has the burden of proof.
(c) This emergency provision is in addition to any emergency or upset provision in any applicable requirement.History: 2005