Regulatory Text:
SECTION 6. UPSET CONDITIONS, REVISED EMISSION LIMITATIONS  

(Approved by EPA 10/05/76 (41 FR 43904) at 52.170(c)(04) effective 10/05/76. Revisions approved by EPA 08/27/81 (46 FR 43145) at 52.170(c)(11) effective 09/28/91.)

   (a) Any source exceeding an emission limit established by the Regulations of the Plan shall be deemed in violation of said Regulations and subject to enforcement action. The Director may forgo enforcement action for excess emissions under extraordinary conditions; provided, the person responsible for the source of excess emissions demonstrates to the satisfaction of the Director that the emissions result from a bona fide malfunction or upset and are not the result of negligence [or] of improper maintenance. As a minimum, the following are required:

     (i) such occurrence of upset or breakdown of equipment shall be reported to the Director within 24 hours after the start of the occurrence.

     (ii) the person responsible for the source of such emission shall submit to the Director, at his request, a full report of such occurrence, including the identification and location of the process and control equipment involved in the upset and including a statement of all known causes and the scheduling and nature of the actions to be taken to eliminate future occurrences or to minimize the amount by which said limits are exceeded and to reduce the length of time for which said limits are exceeded.

   (b) The emission limitations contained within the Regulations of the Plan are for the purposes of assuring the attainment and maintenance of the National Ambient Air Quality Standards and have been established within the framework of information presently available to the Department. As additional and more precise information becomes available, the emission limitations and reporting procedures of this section may be amended as described below:

     (i) In accordance with the provisions of the Clean Air Act, as amended, and the federal regulations promulgated pursuant to the Clean Air Act, the emission limitations and reporting procedures of this section may be further amended and made more restrictive where the Commission finds more restrictive measures necessary to assure the attainment and maintenance of the National Ambient Air Quality Standards. Depending upon the nature of the Commission's finding, the Commission may recommend to the administrator of the Environmental Protection Agency that more restrictive emission limitations be placed on those sources described in Section 5 and 8 hereof or that additional sources be placed under the requirements of this Plan by including such additional sources and the associated emission limitations within Section 8 hereof.

     (ii) In accordance with the provisions cited in Subsection (i) of this Subsection 6(b), the Commission may recommend to the administrator of the Environmental Protection Agency, on a case by case basis, less restrictive requirements than those provided in the Regulations of the Plan upon its findings that the emission limitations as set forth are physically, economically or technologically unattainable and that full compliance with the aforecited limitations is not necessary to assure attainment or maintenance of the National Ambient Air Quality Standards. Such findings shall be made upon the basis of information generally available to the Commission and the information contained within the petition for less stringent limitations, which petition may be filed with the Commission by the owner or operator of a source affected by Sections 5 and 8 and which petition shall contain such information as the Commission may  reasonably require in making its determination and which petition shall be filed as soon as the owner or operator of the source determines that full compliance cannot be achieved or that full compliance is unnecessary for purposes of attainment of the National Ambient Air Quality Standards.
       (iii) In making determinations with respect to the
provisions of Subsection (b) hereof, the Commission shall take into
consideration the following factors:

         (A) The process, fuels, and raw material available and to be employed in the facility involved.

         (B) The engineering aspects of the application of various types of control techniques which have been adequately demonstrated.

         (C) Process and fuel changes.

         (D) The respective costs of the application of all such control techniques, process changes, alternative fuels, etc., and

         (E) Locational and siting considerations.

       (iv) In no case shall the Commission recommend, approve or condone less stringent emission limitations than those set forth in these Regulations where less stringent limitations would prevent the attainment of the National Ambient Air Quality Standards or would cause applicable air quality increments, as provided in Subpart A, Part 52, Chapter I, Title 40, Code of Federal Regulations, to be exceeded.