(a)

1. (1) An “emergency” means any situation arising from the sudden and reasonably unforeseeable events beyond the control of the source, including natural disasters, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the upset condition.

2. (2) An “emergency” shall not include noncompliance to the extent caused by:

   1. (A) Improperly designed equipment;
   2. (B) Lack of preventive maintenance;
   3. (C) Careless or improper operation; or
   4. (D) Operator error.

(b)

1. (1) An emergency constitutes a complete affirmative defense to an action brought for noncompliance with such technology-based limitations if the following conditions are met.

2. (2) The affirmative defense of emergency shall demonstrate through properly signed contemporaneous operating logs or such other relevant evidence that:

   1. (A) An emergency occurred and that the permittee can identify the cause or causes of the emergency;
   2. (B) The permitted facility was at the time being properly operated;
   3. (C) During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and
   4. (D)

(i) The permittee submitted notice of the upset to the Division of Environmental Quality by the end of the next business day after the emergency.

1. (ii) This notice must contain:

(b) (b) Any steps taken to mitigate emissions; and

1. (c) (c) Corrective actions taken.