567—21.7(455B) Excess emission reporting.
	21.7(1) Excess emission during periods of startup, shutdown, or cleaning of control equipment. Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a violation of the emission standard if the startup, shutdown, or cleaning is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions. Cleaning of control equipment that does not require the shutdown of the process equipment shall be limited to one six-minute period per one-hour period.
	21.7(2) Initial report of excess emission.
	a. 	An incident of excess emission (other than an incident of excess emission during a period of startup, shutdown, or cleaning) shall be reported to the appropriate regional office of the department within eight hours of the onset of the incident or at the start of the first working day following the onset of the incident. The reporting exemption for an incident of excess emission during startup, shutdown, or cleaning does not relieve the owner or operator of a source with continuous monitoring equipment of the obligation of submitting reports required in 21.10(6).
	b. 	An initial report of excess emission is not required for a source with operational continuous monitoring equipment (as specified in 21.10(1)) if the incident of excess emission continues for less than 30 minutes and does not exceed the applicable emission standard by more than 10 percent or the applicable visible emission standard by more than 10 percent opacity.
	c. 	The initial report shall be made by electronic mail (email), in person, or by telephone and shall include at a minimum the following:
	(1)	The identity of the equipment or source operation from which the excess emission originated and the associated stack or emission point.
	(2)	The estimated quantity of the excess emission.
	(3)	The time and expected duration of the excess emission.
	(4)	The cause of the excess emission.
	(5)	The steps being taken to remedy the excess emission.
	(6)	The steps being taken to limit the excess emission in the interim period.
	21.7(3) Written report of excess emission. A written report of an incident of excess emission shall be submitted as a follow-up to all required initial reports to the department within seven days of the onset of the upset condition, and shall include as a minimum the following:
	a. 	The identity of the equipment or source operation point from which the excess emission originated and the associated stack or emission point.
	b. 	The estimated quantity of the excess emission.
	c. 	The time and duration of the excess emission.
	d. 	The cause of the excess emission.
	e. 	The steps that were taken to remedy and to prevent the recurrence of the incident of excess emission.
	f. 	The steps that were taken to limit the excess emission.
	g. 	If the owner claims that the excess emission was due to malfunction, documentation to support this claim.
	21.7(4) Excess emissions. An incident of excess emission (other than an incident during startup, shutdown, or cleaning of control equipment) is a violation. If the owner or operator of a source maintains that the incident of excess emission was due to a malfunction, the owner or operator must show that the conditions that caused the incident of excess emission were not preventable by reasonable maintenance and control measures. Determination of any subsequent enforcement action will be made following review of this report. If excess emissions are occurring, either the control equipment causing the excess emission shall be repaired in an expeditious manner or the process generating the emissions shall be shut down within a reasonable period of time. An expeditious manner is the time necessary to determine the cause of the excess emissions and to correct it within a reasonable period of time. A reasonable period of time is eight hours plus the period of time required to shut down the process without damaging the process equipment or control equipment. In the case of an electric utility, a reasonable period of time is eight hours plus the period of time until comparable generating capacity is available to meet consumer demand with the affected unit out of service, unless the director shall, upon investigation, reasonably determine that continued operation constitutes an unjustifiable environmental hazard, issue an order that such operation is not in the public interest, and require a process shutdown to commence immediately.
[ARC 7950C, IAB 5/15/24, effective 6/19/24]