2006 New York Code - Malfunctions, Breakdowns, And Removal From Service; Emergency Action Plan.

 
    § 24-152 Malfunctions, breakdowns, and removal from service; emergency
  action  plan.  (a)  If any control apparatus required by this code is or
  will be inoperative for more than six hours, the commissioner  shall  be
  provided  with  a repair and resumption schedule for his or her approval
  by the owner of the equipment.
    (b) Whenever the  emission  of  an  air  contaminant,  which  emission
  constitutes  a  violation  of  any  provision  of this code, occurs as a
  result of, malfunction, breakdown or removal from service  of  equipment
  or  apparatus,  the owner of the equipment from which the emission of an
  air contaminant occurs shall report the emission of the air  contaminant
  and  its  attendant  circumstances  to  the  commissioner not later than
  thirty minutes from its discovery. The  report  shall  be  confirmed  in
  writing,  in  a form prescribed by the commissioner not later than three
  days thereafter.
    (c) An owner of such equipment shall  not  continue  it  in  operation
  during  any  malfunction,  breakdown, or shutdown of the equipment or of
  the apparatus which  serves  the  equipment,  except  with  the  express
  permission  of  the commissioner. Such permission shall be given only as
  may  be  necessary  to  protect  the  public  health  and  safety.  This
  subdivision  shall not apply where the emission of air contaminant is of
  a type or within the limits permitted by this code.
    (d) This section shall not apply to refuse burning  equipment,  refuse
  compacting  equipment  and  fuel burning equipment which primarily serve
  residents of a building or structure which is occupied in  whole  or  in
  part  as  the residence of one or more persons, or which is occupied for
  transacting business, for rendering professional services, for rendering
  public or civic services, or for performing  other  commercial  services
  that  may  incidentally  involve  the  storage  of limited quantities of
  stocks of goods for office use or purposes.
    (e) Whenever the commissioner  shall  determine  that  equipment,  for
  which  a  certificate of operation is required by this code, may emit or
  be capable of emitting dangerous or odorous air contaminants, either  as
  a  result of a malfunction or breakdown of such equipment or as a result
  of a malfunction  or  breakdown  of  the  apparatus  which  serves  such
  equipment,  the  commissioner may require the owner of such equipment to
  file with the  department  an  acceptable  emergency  action  plan.  The
  emergency  action  plan  shall detail all activity that will be taken to
  prevent or control emissions resulting from a malfunction or breakdown.