Unforeseeable failure or malfunction of equipment may result in violation of air pollution rules or regulations or permit conditions. If this happens at your facility, you may be able to qualify for enforcement relief if you properly notify the District of the breakdown situation when it occurs and submit a report after the breakdown situation is corrected. 

What is not a Breakdown Condition?

Rule 98 states you cannot qualify for breakdown relief if the situation:

  • Is the result of neglect or disregard of any air pollution control law or rule or regulation;
  • Is intentional or negligent;
  • Is the result of improper maintenance;
  • Constitutes a nuisance; or
  • Is a recurrent breakdown of the same equipment.

What if I find a Breakdown Condition?

Within two hours of detecting the situation, submit the breakdown notification online (read instructions to learn how to submit the breakdown notification electronically).

Alternatively, you may submit the breakdown notification by calling the Compliance Division at (858) 586-2650, either during office hours or after hours. You may also call (858) 586-2828 to leave a voicemail message or email Include all of the following information:

  • Time of the call and the time of the start of the occurrence;
  • Estimated duration of the occurrence, if known;
  • Specific location;
  • Equipment involved; and
  • To the extent known, the cause(s) of the occurrence.

How long does enforcement relief last?

You may qualify for breakdown enforcement relief until the end of the production run or for up to 24 hours, whichever comes first. For continuous monitoring equipment problems, breakdown enforcement relief can last 96 hours. If the breakdown condition will last longer than 24 (or 96) hours, you may be able to extend the enforcement relief period by applying for an emergency variance.

What do I report once the situation is fixed?

Within 15 days of correcting the breakdown condition, submit a report online (read instructions to learn how to submit the breakdown notification electronically). The breakdown report must include all of the following information:

  • A statement that the occurrence has been corrected;
  • The date of correction and proof of compliance;
  • A specific statement of the reason(s) or cause(s) for the occurrence sufficient to enable the District to determine whether the occurrence was a breakdown condition;
  • The corrective measures undertaken and/or to be undertaken to avoid such an occurrence in the future;
  • An estimate of the emissions cause by the occurrence; and
  • Permit numbers and serial numbers of the equipment or controls which failed, and pictures of the equipment or controls if available.
Alternatively, you may submit the breakdown report by emailing it to, or by mailing it to 10124 Old Grove Road, San Diego, CA 92131.