On July 20, 2005, the District released an Advisory (PDF) summarizing the reporting requirements for notifying the District of non-compliance. A non-compliance report must to be sent to the District when a source:
Intends to continue operating for a short time after system upset or breakdowns, while repairs are being made;
Is under the Title V program and thus is required to promptly report all deviations from permit conditions; and/or
Uses continuous emissions monitoring systems (CEMS) or continuous monitoring systems (CMS).
Non-compliance reporting generally does not apply to sources that are shut down when any operating condition is not in compliance (i.e, they do not operate unless all required operating conditions are being met). The District has prepared documents for better understanding of reporting requirements and to improve reporting in the future.
A summation of U.S. Environmental Protection Agency policy on startup, shutdown, and malfunctions (PDF), and a discussion of local, state, and federal considerations on opacity exceedances during startup or shutdown.
For further information or clarification of non-compliance reporting issues, email Bruce Springsteen or call 530-745-2337.