Or. Admin. Code § 340-214-0360 - Emergency as an Affirmative Defense for Title V Permitted Sources

(1) An emergency constitutes an affirmative defense to penalty actions due to noncompliance with technology-based emission limits in an Oregon Title V Operating Permit if the owner or operator notifies DEQ immediately of the emergency condition and provides and demonstrates through properly signed, contemporaneous operating logs, excess emission logs, or other relevant evidence that:

(a) An emergency occurred and caused the excess emissions;

(b) The cause of the emergency;

(c) The facility was at the time being properly operated;

(d) During the occurrence of the emergency, the owner or operator took all reasonable steps to minimize levels of excess emissions; and

(e) The notification to DEQ contained a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

(2) The person seeking to establish the occurrence of an emergency has the burden of proof by a preponderance of the evidence.

(3) This provision is in addition to any emergency or any other excess emissions provision contained in any applicable requirement.

Notes

Or. Admin. Code § 340-214-0360

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1460; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2007, f. &cert. ef. 11-8-07; DEQ 7-2015, f. & cert. ef. 4/16/2015

Stat. Auth.: ORS 468.020 & 468A.310

Stats. Implemented: ORS 468A.310