Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.
Structure Alaska Statutes
Title 46. Water, Air, Energy, and Environmental Conservation
Chapter 14. Air Quality Control
Article 5. Miscellaneous Provisions.
Sec. 46.14.500. Air pollution from outer continental shelf activities.
Sec. 46.14.510. Motor vehicle pollution.
Sec. 46.14.520. Confidentiality of trade secrets.
Sec. 46.14.525. Public records.
Sec. 46.14.530. State and federal aid.
Sec. 46.14.540. Authority of department in cases of emergency.
Sec. 46.14.550. Responsibilities of owner and operator; agent for service.