VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT - RULE 32 - BREAKDOWN CONDITIONS; EMERGENCY VARIANCES

Aug 24, 2026

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Rule 32 defines “breakdown condition” as an unforeseeable air-pollution control equipment or in-stack continuous monitoring failure that results in an emission limitation violation, while excluding neglect, improper maintenance, intentional/negligent acts, and nuisance conditions. The rule sets required notification timing, investigation procedures, enforcement consequences, and conditions under which enforcement may be withheld. It details disposition time limits, reporting contents, burden of proof, and penalties for noncompliance or false reporting, including pathways for emergency variances.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

Rule 32 - Breakdown Conditions; Emergency Variances

Definition

Breakdown Procedures

Disposition of Breakdown Conditions

Reporting Requirements

Burden of Proof

Failure to Comply with Reporting Requirements

False Claiming of Breakdown Occurrence

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RULE 32-BREAKDOWN CONDITIONS; EMERGENCY VARIANCES (Adopted 5/23/72, Revised 11/22/77, 11/21/78, 2/20/79) A. Definition For the purposes of this Rule, a breakdown condition means an unforeseeable failure or malfunction of 1) any air pollution control equipment which causes a violation of any emission limitation or restriction prescribed by these Rules and Regulations, or by State law, or 2) any in-stack continuous monitoring equipment, provided such failure or malfunction: 1. Is not the result of neglect or disregard of any air pollution control law or rule or regulation; 2. Is not the result of an intentional or negligent act or omission on the part of the owner or operator; 3. Is not the result of improper maintenance; 4. Does not constitute a nuisance as defined in these Regulations. In the case of an Electric Public Utility, a breakdown condition shall exist only if, in addition to the foregoing, the breakdown results from: 5. Operational problems, limited to: unit startups, shutdowns, system frequency upsets and boiler fuel/air ratio upsets due to rapid load changes. 6. Fuel problems, limited to: fuel changes and unanticipated fuel oil or natural gas quality variations. B. Breakdown Procedures 1. The owner or operator shall notify the Air Pollution Control District of any occurrence which constitutes a breakdown condition; such notification shall identify the time, specific location, equipment involved, and (to the extent known) the cause(s) of the occurrence, and shall be given as soon as reasonably possible, but no later than four (4) hours after its detection by such owner or operator, or his (their) agents or employees. 2. The District shall establish written procedures and guidelines, including appropriate forms for logging of initial reports, investigation, and enforcement follow-up, to ensure that all reported breakdown occurrences are handled uniformly to final disposition. 3. Upon receipt of notification pursuant to subparagraph B.1 the Air Pollution Control District shall promptly investigate and determine whether the occurrence constitutes a breakdown condition. If the Air Pollution Control District determines that the occurrence does not consitute a breakdown condition, the Air Pollution Control District may take appropriate enforcement action, including, but not limited to seeking fines, an abatement order, or an injunction against further operation. C. Disposition of Breakdown Conditions 1. An occurrence which constitutes a breakdown condition, and which persists only until the end of the production run or 24 hours, whichever is sooner (except for continuous monitoring equipment, for which the period shall be ninety-six (96) hours), shall constitute a violation of any applicable emission limitation or restriction prescribed by these Rules and Regulations; however, the Air Pollution Control Officer may elect to take no enforcement action if the owner or operator demonstrates to the satisfaction of the Air Pollution Control District that a breakdown condition exists and the following requirements are met: a. The owner or operator submits the notification required by subparagraph B. 1; and b. The owner or operator immediately undertakes appropriate corrective measures and comes into compliance, or elects to shut down for corrective measures before commencement of the next production run or within 24 hours, whichever is sooner (except for continuous monitoring equipment for which the period shall be ninety-six (96) hours) . 2. An occurence which constitutes a breakdown condition shall not persist longer than the end of the production run or 24 hours, whichever is sooner (except for continuous monitoring equipment, for which the period shall be ninety-six (96) hours), unless the owner or operator has requested an emergency variance. 3. If the breakdown condition will either require more than 24 hours to correct or persist longe

FAQs

What qualifies as a breakdown condition under Rule 32?

A breakdown condition is an unforeseeable failure or malfunction of specified air pollution control equipment or in-stack continuous monitoring equipment that causes an emission limitation violation, provided it is not due to neglect, intentional/negligent acts or omissions, improper maintenance, or a nuisance as defined in the regulations.

How quickly must the owner or operator notify the district?

Notification must be given as soon as reasonably possible, but no later than four (4) hours after detection, identifying the time, specific location, equipment involved, and (to the extent known) the cause(s).

When can enforcement be avoided and what time limits apply?

Enforcement may be withheld if the owner or operator submits the required notification and immediately undertakes corrective measures to return to compliance or shuts down for corrective measures within the specified time limits. In general, the breakdown must persist no longer than the end of the production run or 24 hours (with a separate, longer period for continuous monitoring equipment), unless an emergency variance is requested.

Aug 24, 2026

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