The Colorado Common Provisions Regulation defines a malfunction as “any sudden and unavoidable failure of air pollution control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered to be malfunctions”.
The owner or operator of the facility experiencing excess emissions during a malfunction shall notify the division verbally as soon as possible, but no later than noon of the division’s next working day, and shall submit written notification following the initial occurrence of the excess emissions by the end of the source’s next reporting period.
The Air Pollution Control Division has established three ways to notify the division of an malfunction:
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Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Attention: Malfunction Coordinator
Written follow-up reports must be received by the Division within 30 days of the occurrence of the malfunction or the end of the source’s next reporting period, whichever is later.
For more detailed information on malfunctions, upset conditions and reporting please see the following policy guidance: