Air Operating Permit - Puget Sound Clean Air Agency

V. STANDARD TERMS AND CONDITIONSPermit No. 13120Expiration Date: September 12, 2013Page 276 of291R. EmergenciesAn emergency, as defined in WAC 173-401-645(1), constitutes an affirmative defense to anaction brought for noncompliance with a technology-based emission limitation if theconditions of WAC 173-401-645(3) are met.The affirmative defense of emergency shall be demonstrated through properly signed,contemporaneous operating logs, or other relevant evidence that:I. An emergency occurred and that Boeing can identify the cause(s) of the emergency;2. The permitted facility was at the time being properly operated;3. During the period of the emergency Boeing took all reasonable steps to minimize levelsof emissions that exceeded the emission standards or other requirements in the permit;and4. Boeing submitted notice of the emergency to the Puget Sound Clean Air Agency withintwo (2) working days of the time when the emissions limitations were exceeded due tothe emergency or shorter periods of time specified in an applicable requirement. Thisnotice fulfills the requirement of WAC 173-401-615(3)(b) unless the excess emissionsrepresent a potential threat to human health or safety. This notice must contain adescription of the emergency, any steps taken to mitigate emissions, and correctiveactions taken.In any enforcement proceeding, Boeing has the burden of proof to establish the occurrence ofan emergency. This provision is in addition to any emergency or upset provision contained inany applicable requirement. [WAC 173-401-645, 1114/93]S. Unavoidable excess emissionsExcess emissions due to startup or shutdown conditions, scheduled maintenance or upsets thatare determined to be unavoidable under the procedures and criteria in WAC 173-400-107shall be excused and not subject to penalty. For any excess emission that Boeing wants thePuget Sound Clean Air Agency to consider unavoidable and excusable under WAC 173-400-107, Boeing shall submit the information required under WAC 173-400-107. [WAC 173-400-107,9/20/93]Boeing~Everett Permit, issued September 12, 2008,' Administrative Amendment 3: October 10, 2012